Canada's new prostitution law will go into effect December 6, criminalizing the purchase of sex for the first time in Canadian history.
The bill criminalizes the buying of sex – or "obtain[ing] for consideration… the sexual services of a person."
It is not immediately obvious what amounts to a sexual service. Full prostitution would clearly be included.
A government legal brief says lap-dancing and masturbation in a massage parlour count as a "sexual service" or prostitution, but not stripping or the production of pornography.
The penalties for buying sexual services include jail time – up to five years in some cases – and minimum cash fines that go up after a first offence.
As a result of the minimum penalty a discharge is not available for someone found guilty of buying for trying to buy sex. A criminal record must follow on conviction.
It may be that diversion leading to a withdrawal of charges is possible in some cases, however, it will be necessary to have serious negotiation with Crown counsel prior to any such result.
Information on a person convicted of purchasing or communicating for the purposes of purchasing sexual services may be added to the sex offender registry. Being placed on the sex offender registry can have dramatic negative long time effects.
Being charged with purchasing or attempt to purchase sexual services is a very serious master. The punishments involved and the long-term implications of conviction are extremely significant
Having a lawyer involved will be essential.
4 comments:
a very bad law which will destroy countless lives and serve no purpose for society.
I have been protecting exotic entertainers for 30 years. Making criminals out of lap dance customers is ridiculous . The vast majority of them are perfectly normal and decent people . The pimps are the ones they should be focused on in regards to judicial punishment . As well as violent sexual offenders. Bill c-36 is going to create an extremely dangerous work environment for the service providers who are at the survival sex trade level. The women at the lower scale are already in danger from walking the streets . Driving them to even greater lengths of extremes to support themselves . This is a very sad situation which will only get worse for everyone that's involved in the sex trade.
Bill C-36 is going to undermine sex workers safety even more than the laws struck down by the Supreme Court of Canada. It is very likely unconstitutional.
Think about this when next it comes time to vote, and you are thinking CONservative.
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