Client Convicted of Rape after Refusing to Pay Escort

[mike carey]

Today in the ACT Supreme Court a sex work client was convicted of rape after he flew two escorts to Canberra for separate overnights then after the session refused to pay them. He flew them here, provided chauffeurs and hotel rooms. It later emerged that he had paid using stolen credit card details. The judge ruled that their consent to having sex was negated because it had been obtained through fraudulent misrepresentation.

 

https://www.abc.net.au/news/2020-08-24/former-canberra-actor-jailed-for-raping-male-escorts/12589284

[+ FrankR]

Today in the ACT Supreme Court a sex work client was convicted of rape after he flew two escorts to Canberra for separate overnights then after the session refused to pay them. He flew them here, provided chauffeurs and hotel rooms. It later emerged that he had paid using stolen credit card details. The judge ruled that their consent to having sex was negated because it had been obtained through fraudulent misrepresentation.

 

https://www.abc.net.au/news/2020-08-24/former-canberra-actor-jailed-for-raping-male-escorts/12589284

Words to live by:

[MscleLovr]

Very interesting post @mike carey

[RealAvalon]

Today in the ACT Supreme Court a sex work client was convicted of rape after he flew two escorts to Canberra for separate overnights then after the session refused to pay them. He flew them here, provided chauffeurs and hotel rooms. It later emerged that he had paid using stolen credit card details. The judge ruled that their consent to having sex was negated because it had been obtained through fraudulent misrepresentation.

 

https://www.abc.net.au/news/2020-08-24/former-canberra-actor-jailed-for-raping-male-escorts/12589284

Good

[Jvaldez1976]

Wow well good thing I always pay even when it’s not that good

[+ keroscenefire]

I think he got what he deserved. Sex w/o consent is rape and these escorts only consented to sex because they were getting paid. This is why we need to decriminalize prostitution everywhere.

[orville]

This is why we need to decriminalize prostitution everywhere.

Huh?

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Edited August 26, 2020 by orville

[+ keroscenefire]

Huh?

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Haha..I'm not sure it'll fly in some countries. But yeah...if you decriminalize prostitution then both clients and escorts can go to the police if they are ripped off or abused.

[Guest]

While I would certainly agree, of course, that regulated prostitution should be legal, what the man did was not rape. It was fraud, and should have been treated as such. I would have to say that no means no, and yes means yes. The escorts flew over and clearly agreed to have sex with this shyster. Changing one's mind after the fact doesn't mean rape occurred. The escorts should be entitled to financial compensation not just on the agreed-upon amount, but to punitive damages as well. To call this rape, however, is an insult to true rape victims.

[+ RJD]

While I would certainly agree, of course, that regulated prostitution should be legal, what the man did was not rape. It was fraud, and should have been treated as such. I would have to say that no means no, and yes means yes. The escorts flew over and clearly agreed to have sex with this shyster. Changing one's mind after the fact doesn't mean rape occurred. The escorts should be entitled to financial compensation not just on the agreed-upon amount, but to punitive damages as well. To call this rape, however, is an insult to true rape victims.

 

The guy is a scum bag for sure, but I agree, it sets a dangerous precedent where sex work is legal. In that environment, it’s a legally provided service, similar to a plumber or electrician. You pay for that service and if you don’t, there are compensatory and punitive financial consequences. In this case, it appears to include fraud an identity theft. I don’t understand how the failure of payment negates the consent. The judge stated:

 

"The sexual consent given was negated because it had been caused by fraudulent misrepresentations."

 

The provider didn’t refuse the sexual activity or say no. He rightfully became upset when he was cheated out of his fee. I’d also like to know how the judge defines “fraudulent misrepresentations.” Aren’t lying about your age, using pictures that aren’t yours, inflating body part sizes fraudulent misrepresentations?

 

And yes, it is an insult to compare a rape victim who never gave consent, was forcefully assaulted, and is traumatized to a professional sex worker who wasn’t paid. You entered into this transaction fully expecting to engage in sexual activity.

[+ keroscenefire]

While I would certainly agree, of course, that regulated prostitution should be legal, what the man did was not rape. It was fraud, and should have been treated as such. I would have to say that no means no, and yes means yes. The escorts flew over and clearly agreed to have sex with this shyster. Changing one's mind after the fact doesn't mean rape occurred. The escorts should be entitled to financial compensation not just on the agreed-upon amount, but to punitive damages as well. To call this rape, however, is an insult to true rape victims.

 

I think it's borderline. Obviously not forcible rape, but it is sex without consent. In some ways it's similar to "stealthing," where you take off a condom part way through sex. Yes, you agreed to have sex with a person, but only because they were agreed to wear a condom. Once that condom is taken off (deliberately) by the other person, that sex is no longer consensual. In the UK, Germany and Sweden stealthing is considered sexual assault. It's what Julian Assange was accused of doing to a sexual partner in Sweden.

 

I feel like this is similar. These escorts consented to sex under conditions pre-approved by both partners. If that partner had no intention of fulfilling his side of that agreement, isn't that sex no longer consensual? Or what if someone knowingly lies about their STD status in order to have sex with someone? I think it's more grey than we realize.

[+ RJD]

I think it's borderline. Obviously not forcible rape, but it is sex without consent. In some ways it's similar to "stealthing," where you take off a condom part way through sex. Yes, you agreed to have sex with a person, but only because they were agreed to wear a condom. Once that condom is taken off (deliberately) by the other person, that sex is no longer consensual. In the UK, Germany and Sweden stealthing is considered sexual assault. It's what Julian Assange was accused of doing to a sexual partner in Sweden.

 

I feel like this is similar. These escorts consented to sex under conditions pre-approved by both partners. If that partner had no intention of fulfilling his side of that agreement, isn't that sex no longer consensual? Or what if someone knowingly lies about their STD status in order to have sex with someone? I think it's more grey than we realize.

 

Neither “stealthing” nor lying about one’s STD status occurred, non-payment did. It’s apples and oranges. One compromises your life, the other your wallet. He‘s guilty of crimes but rape isn’t one of them.

[Bargara Leatherboy]

Interesting I can see how it can be rape legally but I would think it more likely fraud from a legal layman’s point of view.

I see a lot of police jobs where straight men are unhappy with the service they get in brothels and ctc the police. Often it’s the escort not providing the service paid for or shorting them on time

[marylander1940]

Today in the ACT Supreme Court a sex work client was convicted of rape after he flew two escorts to Canberra for separate overnights then after the session refused to pay them. He flew them here, provided chauffeurs and hotel rooms. It later emerged that he had paid using stolen credit card details. The judge ruled that their consent to having sex was negated because it had been obtained through fraudulent misrepresentation.

 

https://www.abc.net.au/news/2020-08-24/former-canberra-actor-jailed-for-raping-male-escorts/12589284

 

convicted of fraud, use of stolen CC, breach of contract, etc. makes sense to me but rape? I think the sentence is an insult to rape victims.

I'm glad he got punished and escorts have the right to sue a client in Australia.

[Walker1]

convicted of fraud, use of stolen CC, breach of contract, etc. makes sense to me but rape? I think the sentence is an insult to rape victims.

I'm glad he got punished and escorts have the right to sue a client in Australia.

Exactly. Rape is cruel, forcible and many being traumatized for life. This is fraud -no different than not paying for any other service and should be treated as such.

[Guest]

Interesting I can see how it can be rape legally but I would think it more likely fraud from a legal layman’s point of view.

....

Probably in the legal point of view of people in most countries. But they have things upside down in the land down under, it seems. Look! Autralia's on top!

[+ FrankR]

Probably in the legal point of view of people in most countries. But they have things upside down in the land down under, it seems. Look! Autralia's on top!

“It’s freaking me out!” ?

[Bargara Leatherboy]

“It’s freaking me out!” ?

Surely this discussion is about the legal case and the outcome rather than sledging people who live in a particular country!

People who live in glass houses .....

[mike carey]

Surely this discussion is about the legal case and the outcome rather than sledging people who live in a particular country!

People who live in glass houses .....

Even if it should be it isn't always.

[RealAvalon]

You entered into this transaction fully expecting to engage in sexual activity.

Only if you're paid. If you aren't paid, there would have been no consent.

[Guest]

Surely this discussion is about the legal case and the outcome rather than sledging people who live in a particular country!

People who live in glass houses .....

Not dissing our Aussie friends. Just commenting that I thought the court got things mixed up! (Though they do drive on the wrong side of the road... )

[+ RJD]

Only if you're paid. If you aren't paid, there would have been no consent.

 

According to Victoria Legal Aid:

“Consent can be demonstrated in a variety of ways - either, by words, or by conduct alone, or by a combination of words and conduct.”

 

By voluntarily flying there and engaging in sex they demonstrated consent. They didn’t change their minds during the act, which if they did, I’d agree, he would’ve no longer had consent. You can’t revoke it after voluntarily engaging in the activity for which you were hired. The guy deserves to be held criminally and civilly responsible for fraud and non-payment, but to say consent was revoked and convicted of rape is extreme and again, insulting to those who’ve experienced it.

[marylander1940]

Only if you're paid. If you aren't paid, there would have been no consent.

 

but not "rape", breach of "oral" contract for not paying after services is different.

[RealAvalon]

but not "rape", breach of "oral" contract for not paying after services is different.

I disagree

[Bargara Leatherboy]

You only entered into the agreement because you were being paid, so there is the consent. I imaging that the law allows the judge to make that conclusion.

Therefore it becomes rape .

Would the escort have agreed to sex without payment?