Legal Question in Criminal Law in California

If someone pays for a "massage" and actually gets a massage but the masseuse and customer proceed to have sex after the massage, is this illegal? People have the right to have sex with whomever they choose. Suppose a man got an actual legit massage, and wanted to befriend the masseuse and have sex with her after his massage. He has every legal right to do so. Bottom line, what can authorities (cops) do here? Unless the masseuse is taking money explicitly for SEX, I don't see how they have any grounds to make arrests. Thanks in advanced.


Asked on 2/25/15, 2:43 am

2 Answers from Attorneys

The prosecutor will have to set forth the elements of the crime and the defendant can contest this evidence. The "someone" and the masseuse may have a hard time convincing a jury of your point of view especially if the masseuse makes a practice of having sex with his/her clients.If it were as simple as set forth in your question a prostitute would go to 7-11 buy a whole bunch of gum, approach a john, ask if he would to buy a pack for $50, and then say would like to have sex it has noting to do with the gum.

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Answered on 2/25/15, 4:33 am
Edward Hoffman Law Offices of Edward A. Hoffman

What you describe happens very rarely, if ever. It's much, much more common for the massage to be a pretext, so that a trade of money for sex will look like something innocent. Police, prosecutors, judges, and juries are rarely fooled by this approach. What matters is what actually happened, not what it was designed to look like.

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Answered on 2/25/15, 11:06 am


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