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Prostitution is defined to be sex in exchange of consideration

http://definitions.uslegal.com/p/prostitution/

The term "prostitution" generally means the commission by a person of any natural or unnatural sexual act, deviate sexual intercourse, or sexual contact for monetary consideration or other thing of value.

The problem is what sort of consideration count as prostitution?

Imagine a girl saying that I only want to have sex if we're married. That is a consideration. It has value. Is she a prostitute? Most of us wouldn't think so.

Imagine a girl saying, I only want to have sex if I get bitcoins. She's not getting paid. She's getting something else. Is she a prostitute?

So what's the limit?

What counts as consideration?

feetwet
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user4951
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2 Answers2

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It depends on the jurisdiction and particular facts. The long history of not counting marriage as prostitution under law because of its social and religious legitimacy makes the transaction-related aspects of marriage fall outside the definition of prostitution in most cases that are not the explicit sale of a person for consideration, which is obviously forbidden as slavery today and could probably also be charged as prostitution in most jurisdictions.

In your particular example, the girl is also saying what things will influence how she feels, and no reasonable person would say that she gives up her ability to withhold consent after marriage based on any alleged contract. A contract to lose the ability to withhold consent would also be void as against public policy, regardless of whether prostitution is involved.

Bitcoin is a form of virtual currency. It is regulated by money transmitter law and trading it to obtain goods or services that cannot legally be traded for is still illegal.

It's not that there is a defined "limit." It's that some things will fit into the definition and others won't. It's about categories, not quantities.

Tom
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It rather begs the question of why it matters.

You are assuming that prostitution is illegal and therefore whether a transaction is or is not prostitution would be germane to this. However, in very many parts of the world prostitution is perfectly legal and may even be government regulated. See https://en.wikipedia.org/wiki/Prostitution_law

Legality of Prostitution

Orange is illegal, green is legal, yellow is legal and government regulated

Notwithstanding, whether legal, regulated or illegal, the definition of what prostitution is will be detailed in the law of the particular jurisdiction.

In jurisdictions where prostitution is legal, contracts for prostitution would be legally binding and while a prostitute (or the customer) could always withdraw consent because of sexual assault crimes that would be a breach of contract and would leave the party in breach subject to a damages claim.

Dale M
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