Being a dominatrix

[Mistress Ashley]

So I assume being a dominatrix is perfectly legal in theory? I assume there are gray areas of course, but wanted to know if anyone had more detailed information. Since all my reasoning is based on my assumptions.
I just like to be overly informed and prepared
Thank you ahead of time for reading & or responding to this.
Xoxo
Ashley

www.goddessashley.com

[straightshooter30]

Likely it differs state to state. Theoretically LE can arrest for anything, for example, even if they observed paddling between consenting adults. The real question, I suspect is would an undercover endure a session, being tied, paddled, humiliated, whatever, until any sexual contact happened. If it even did. But even CBT could be construed as 'touching genitals to provide stimulation after receiving money' - Not a lawyer, haven't researched laws in NYS, just speculating. (Google: attleboro, ma, paddlegate arrests)

the prosecution may invoke the legal precedent that "consent is not a defense to assault."


The real key may be that S&M consentual activity is far down on the 'LE Radar', but if someone wants to get you bad enough, they could make a case.

[ShysterJon]

The only way your question can be accurately answered is if you describe, in some detail, what services you provide to your clients.

[Guest062114-5]

I agree with SJ...more info is needed, but I will offer the following...

In a nutshell, being a Dominatrix is legal in the same way being what I call a "True Escort" is legal. A True Escort accompanies one to dinner, events, etc. and provides and is paid for her companionship. That's legal. However, the term Escort has come to mean prostitute. So, when an escort offers money in exchange for sexual activities, that is where the line is crossed.

Similarly, a true dominatrix (in the traditional sense) does not engage is sexual acts with clients. However, many prostitutes do provide BDSM activities along with offering sex for money. And that is where the line is, again, crossed.

Much like the argument that "he paid for my companionship and I gave him sex for free" falls flat with escorts...it also does with dominatrix.

That said, in general, if you do not offer sexual activities in exchange for money (or something of value), you will likely not find yourself in a position to be convicted for prostitution.

[Mistress Ashley]

Thank you all very much this has been very helpful!!

[Guest110516]

From a psychological perspective, one could "get off" without any "sexual" activity. How does that work from a legal perspective? Curious (about the legal stuff, not about being dominated).

[ShysterJon]

Originally Posted by emptywallet

From a psychological perspective, one could "get off" without any "sexual" activity. How does that work from a legal perspective? Curious (about the legal stuff, not about being dominated).

Your question can only be answered this way: It depends on the jurisdiction. As I've written many, many, many times before, plain vanilla prostitution is a product of state and local laws, and that means there are thousands of such laws all over the U.S. without much uniformity as to what is and isn't prostitution.

I don't mean to be flip, but the OP's question is like this: "If I wear an Indian headdress, sing 'Oh! Susanna!,' and give BJs for pay, would it still be prostitution?" In other words, the other services the OP provides, which I guess would include whipping her clients and calling them harsh names, wouldn't make what the OP does not prostitution, if the OP also sells sex for money.

[Guest110516]

Originally Posted by ShysterJon

Your question can only be answered this way: It depends on the jurisdiction. As I've written many, many, many times before, plain vanilla prostitution is a product of state and local laws, and that means there are thousands of such laws all over the U.S. without much uniformity as to what is and isn't prostitution.

I don't mean to be flip, but the OP's question is like this: "If I wear an Indian headdress, sing 'Oh! Susanna!,' and give BJs for pay, would it still be prostitution?" In other words, the other services the OP provides, which I guess would include whipping her clients and calling them harsh names, wouldn't make what the OP does not prostitution, if the OP also sells sex for money.

That's what I figured, but was hoping for verification (thanks). Also, I wanted you to write the part in red just one more time.

[ElisabethWhispers]

I've known of Dommes being arrested.

And although I cannot answer what is "legal" in any state, and in general terms, being a Domme is certainly probably safer all of the way around then just being a regular type of sex worker ... I DO think that difference has to do with penetration.

And this is the rub. Have you penetrated a guy with anything or has he penetrated you with anything? Have any of you been penetrated while watching each other?

A couple of years ago, I ran into a professional Domme (with a few of her buddies) at Beyond Vanilla and this was being discussed. I don't know if anything was decided or not about being a dominatrix except that the Federal laws were changed a few years back to include BDSM activities as being sexually related.

All of this is just legalese that I don't know anything about. But one thing that I know for sure ... I wouldn't just assume that because someone is working as "just" a dominatrix that you're safe from the eyes of law enforcement.

I just think that you're a bit safer, overall. And with screening, when men are going into the nitty gritty details, I don't see a police officer sharing some of the more gritty fantasies that we get on a regular basis from submissives.

[ShysterJon]

Originally Posted by ElisabethWhispers

And this is the rub. Have you penetrated a guy with anything or has he penetrated you with anything? Have any of you been penetrated while watching each other?

Under Texas law, penetration is NOT required for conduct to be sexual conduct -- sexual conduct also includes mere contact with the penis, vagina, breasts, or anus:

Texas Penal Code Sec. 43.02. PROSTITUTION.

(a) A person commits an offense if he knowingly:
(1) offers to engage, agrees to engage, or engages in sexual conduct for a fee; or
(2) solicits another in a public place to engage with him in sexual conduct for hire.
(b) An offense is established under Subsection (a)(1) whether the actor is to receive or pay a fee. An offense is established under Subsection (a)(2) whether the actor solicits a person to hire him or offers to hire the person solicited.
(c) An offense under this section is a Class B misdemeanor.... (Emphasis added.)

Texas Penal Code Sec. 21.01. DEFINITIONS.

"Sexual conduct" includes:
(1) deviate sexual intercourse, which is any contact between the genitals of one person and the mouth or anus of another person;
(2) sexual contact, which is any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person; and
(3) sexual intercourse, which is any penetration of the female sex organ by the male sex organ.
(Emphasis added.)

For more information, see 'Fundamentals of Texas Prostitution Law'.

You may be wondering, "Well, if I touch his dick with a whip, and not my hand, is that still 'contact'?" Yes. If a person uses an instrument to commit a crime, the instrument is considered part of (that is an extension of) the person's body. In other words, whips don't commit prostitution -- people commit prostitution.

[Mistress Ashley]

All of this is very interesting and helpful. Thank you everyone.

[LNK]

Originally Posted by ShysterJon

Under Texas law, . . .

Texas Penal Code Sec. 21.01. DEFINITIONS.

"Sexual conduct" includes:
(1) deviate sexual intercourse, which is any contact between the genitals of one person and the mouth or anus of another person;
(2) sexual contact, which is any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person; and
(3) sexual intercourse, which is any penetration of the female sex organ by the male sex organ.
(Emphasis added.)

I apologize for the semi-hijack, but does this mean that in Texas, if you "hired" a married couple to put on a show behind a pane of glass, (IOW, no contact between you and the couple), you'd all be engaging in prostitution?

[ShysterJon]

Originally Posted by LNK

I apologize for the semi-hijack, but does this mean that in Texas, if you "hired" a married couple to put on a show behind a pane of glass, (IOW, no contact between you and the couple), you'd all be engaging in prostitution?

I think that's the third time in a week someone's asked the same question. No, because you wouldn't be "engaging" in sexual conduct by just watching. btw, whether your hypothetical couple is married or not is irrelevant as is the glass pane.

[LNK]

Originally Posted by ShysterJon

I think that's the third time in a week someone's asked the same question. No, because you wouldn't be "engaging" in sexual conduct by just watching. btw, whether your hypothetical couple is married or not is irrelevant as is the glass pane.

Sorry, must have missed those others.

I put "married" and "glass" just to narrow it some.

Thanks for the answer, just the same.