If I (sex worker) was to work from a male friends home (only his name on the mortgage), and perhaps even sometimes if he was in the living room while I worked from a bedroom, is this legal or would he be classed as a pimp or running a brothel? even if he has nothing to do with controlling what I get up to?
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This got me thinking. A prostitute has to have a place to work from for it to be legal. But the laws forbid it from happening because the person you pay rent to (or payment in kind ie sex), even an hotel room... would make a gain? therefore the only way to be fully legal is if you work from your own home - mortgage or owned?
Since the introduction of the Sexual Offences Act 2003, it's been 'control for gain', not - as previously - merely 'living on the earnings of prostitution'. You now need both elements, control and gain, for it to be a problem. So here, is there any element of control? If you arrange all your own bookings etc, no. It'd also help if you can use it as and when you like.
The brothel aspect comes from the 1956 Sexual Offences Act, and only applies to places where more than one person is offering sex. They don't have to do it at the same time, it doesn't have to be sexual intercourse on offer, and they don't even have to charge (but in practice the police have stopped caring about that one). So, would he be making this offer to anyone else? Even if he is, it's not your problem - you don't 'own' it, or 'run' it - it's his.
One other bit of the 1956 Act that was never repealed says that someone in charge of a property needs to have the freehold before they can knowingly allow someone else's prostitution there. In practice, no-one is charged with this if they merely rent the place, and again if it applies here, it's his problem not yours.