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Mediawatch Values

Private dancer?

A news item on a Belgian radio last week spoke of how students were turning to new forms of income to subsidise their studies. One form of income was a new service being provided whereby students agreed to perform cleaning services (the French term is “technicien des surfaces”) while wearing sexy underwear. Persons buying the service presumably got their kicks from watching scantily dressed women perform household chores. The company providing the service had strict rules including “no physical contact” and would cream 30% of the charge for having provided the contact.

The debate was obviously centred around whether this was a form of “proxénétisme” (another funky French word for prostitution). Apparently the issue of voyeurism does not fall strictly into that category. Another issue was whether this amounted to exploitation (or sexploitation) of the fairer sex and the reply by the company was that they were also planning to introduce male versions of the service.

Back on the island for a short break I have just come across a new report from the Maltese courts. A magistrate has just held (in the reported words of the press) that “Baring breasts while lap dancing not a scandal“. To begin with, it is not strictly speaking a business of the law whether or not a “scandal” exists so the title is more than just misleading in this sense. The real fact of the matter is that a court of law in Malta has finally held that what goes on in strip clubs is not exactly secret and that it is up to a mature person to decide whether or not he wants to go there or not.

In many a way this can be seen as an important development and not just for strip club issues but also in situations like drama or theatre where the question of censorship might have been brought into play. The first thing that came to my mind was the “Stitching” question which could have benefited from that kind of assessment in the first place – once you are warned that a play will have adult/mature content you should not then complain about the content being offensive to your particular morals.

In the case of strip clubs we might be spared the pathetic “my bra fell off” kind of defence that made a mockery of the very public secret of why people frequented the kind of establishment such as Steam. Such as this one:

Camilleri herself testified and said that she works as a lap dancer and the Police had gone in. She was wearing a bikini top and boxer shorts.  She said that her bra had loosened a bit because she had been dancing, and when she noticed what had happened she immediately put the bra back into place.

The case in question probably does not itself solve the issue of the legality or otherwise of strip clubs in Malta. The legal twist lies in the fact that prosecution of such “offences” hinged on the notion of “public indecency” and “performing immoral acts in public”. In both cases the “public” element of the offence was crucial and what this case seems (again I only comment on the press report) to do is to confirm that the offence does not exist once it is carried out in a private establishment – where as the court report goes: “mature people should know what a type of club “Steam” and others similar are. It is the person who chooses to go in or not.”

So as far as legalese goes what we have is a confirmation of the fact that what goes on in strip clubs does not violate the provisions of public indecency or public offence to morals. What remains to be seen of course is whether the country has a policy on stripping in private places or whether the hypocritical lacuna will remain as it is. Businesses have spread across the red quarters of Paceville and there’s no denying that it is a booming trade.

The dangers of exploitation and what is called white slave traffic remain rampant and now that the traditional form of discouragement – the prosecution on the basis of public indecency – seems to have fallen there should be an informed and responsible attempt at proper regulation (which does not necessarily translate to banning the Full Monty) in order to ensure that all actors in the trade are sufficiently protected. The business of strip clubs cannot and should not remain the elephant in the room that is only mentioned to contribute to some form of  voyeuristic entertainment in the media industry.

 

 

 

Categories
Values

Prostitution in Malta (a brief idiot’s guide)

No I am not about to list the best way to go about obtaining sexual favours at a price in Malta. I honestly would have no clue how to go about it although I am familiar with the popular locations from Maltese lore where Malta’s equivalent of the Trastevere species would prowl in search for clients. Nope this is not it. Think of this as a sort of factoid collection centred around the oldest profession in the world and how it is regulated in Malta (or isn’t). And the basic, mind blowing premise is this: PROSTITUTION IS NOT ILLEGAL IN MALTA.

Yes. Contrary to public perception, there is nothing in the Criminal Code or elsewhere for that matter that prohibits me, you or anyone from earning a bit of money by performing sexual favours in return of a proportionate (or cut-price for that matter) remuneration. Really? Really. So where do the problems with the law start. Let me tell you where…

1. The Criminal Code

Take the criminal code – a simple CTRL + F of the term prostitution will lead you to two interesting discoveries. First that “prostitution” is never defined. Secondly whenever the term prostitution is used it is within the context of preventing someone (whether a minor or an adult) from being forced violently or through deceit into prostitution. Basically you CAN be a prostitute but ONLY if you choose to be one out of your own free will. The biblical profession is legal. And that my friends is a fact.

2. So what is illegal?

Most crimes linked to prostitution relate mostly to exploitation. Thus any form of what is called “White Slave Traffic” is a crime. It is linked to what I said earlier. You can never oblige someone to become a prostitute or deceive someone into becoming one. It is definitely a crime to live off the profits of other people’s prostitution (the vernacular “pimp” – the Roman Law crime of “lenocinium”). Interestingly one of the civil law conditions that is an automatic ground for the termination of rent is the use of the rental property for the purposes of prostitution (article 1618 of the Civil Code). Another civil law consequence of prostitution is the possibility to disinherit a descendant if he or she is a prostitute “without the connivance of the testator” (article 623).

A person who is soliciting for prostitution – or prowling the public side walks for clients is susceptible to being charged with a contravention of disturbing the public peace. The reason behind such a contravention would probably be – to put it bluntly – that you are free to dispose of your body as you choose and satisfy as many people as you like in return of payment as much as you want BUT don’t do it in our face. Don’t forget that other contraventions under our criminal code include such things as the prohibition to lead an idle and vagrant life, the prohibition of pretending to be a diviner of dreams,  and the prohibition of driving animals (whether beasts of burden or riding animals) over a drawbridge otherwise than at an amble (you’ve gotta love those speed cameras).

There’s the general low down on all things prostitute. All the usual disclaimers of this blog apply including any exclusion of liability should anyone wrongly choose to rely on this content as though it were the bible truth.