The monthly: where is the border between massage and the constitutive sexual act, in salons, prostitution?
David Curiel: The border is intention and remuneration. A massage, even sensual, remains a well-being service as long as it does not directly aim for customer sexual satisfaction. On the other hand, if a sexual act is practiced in exchange for a financial supplement, it becomes an act of prostitution.
Can a “massage” of the private parts, as in the case of tantric, is akin to prostitution?
Yes, if this massage is practiced with a specific payment and aims for customer sexual satisfaction. The context of massage is decisive. An intimate massage that would intervene in a therapeutic framework would not constitute prostitution. On the other hand, if the goal is the excitement of the customer, we fall into the legal definition of prostitution.
Since 2016, the customer can be prosecuted. Would this provision make it possible to close these salons?
Customer penalization aims to dissuade the demand for prostitution, but it does not allow you to close an establishment. On the other hand, if customers are arrested and recognize having paid for sexual acts, these elements can support a survey for pimping and lead to the administrative closure of the show.
When do we talk about pimping?
As soon as the establishment is informed that sexual acts are practiced in exchange for money, and that it derives a direct or indirect benefit.
Minister Aurore Bergé evokes other levers – fiscal -work, hidden work … – to close these fairs. Does this seem doable to you?
Yes, these levers are effective and often faster than prosecution for pimping, which require solid evidence. Authorities can act on several fronts. If revenues from prostitution are not declared, the fair may be prosecuted for tax fraud and/or money laundering of tax fraud if these income are then placed or hidden. If masseuses are not declared or are in an irregular situation, a criminal investigation can also be implemented for concealed work. As for the unworthy working conditions, a control can allow an administrative closure to involve human dignity.
