SA Non solicited sex on premises

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Petrus123

Active Member
17 November 2019
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Good day, please shed some light. Would it be criminal to have a facility/ premises that supports and condone non solicited acts of intercourse and promiscuity? Provided it is a secluded, discreet venue, with no view from outside, such as for the swinging community.
 

Scruff

Well-Known Member
25 July 2018
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NSW
Assuming that we're not talking about a business venture, there shouldn't be any issue at all - as long as all participants are consenting adults (no minors) and there are no payments involved, money or otherwise (either between the host and participants or between the participants themselves).

To put it simply, there is no law that dictates that a person can only engage in sexual acts within the confines of their own home. So as long as there are no payments involved of any kind whatsoever, what you do within your own four walls is your own business.

Keep in mind that if you notice a van parked out in the street every night, it won't be the cops - it'll probably be a private investigator checking up on what one of your "party guests" is getting up to. ;)
 
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Petrus123

Active Member
17 November 2019
5
0
31
Assuming that we're not talking about a business venture, there shouldn't be any issue at all - as long as all participants are consenting adults (no minors) and there are no payments involved, money or otherwise (either between the host and participants or between the participants themselves).

To put it simply, there is no law that dictates that a person can only engage in sexual acts within the confines of their own home. So as long as there are no payments involved of any kind whatsoever, what you do within your own four walls is your own business.

Keep in mind that if you notice a van parked out in the street every night, it won't be the cops - it'll probably be a private investigator checking up on what one of your "party guests" is getting up to. ;)


ok, understood. But lets say there is a... lets call it a donation, or entry fee. What happens then?
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
But lets say there is a... lets call it a donation, or entry fee. What happens then?
It would be viewed as a business because you are accepting payment for providing a service (the venue).
 

Petrus123

Active Member
17 November 2019
5
0
31
It would be viewed as a business because you are accepting payment for providing a service (the venue).
Ok, so if it is a business then, what does the law say about that, i suppose tax and all that will come into play, but is there any laws prohibiting the business? Its not as if there is any solicitation, or money being traded for sex etc. Its up to the patrons to decide if they want to play or not. The fee charged is merely for expenses such as electricity, water and sanitation etc
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
Ah, I see what you're getting at now - you're actually looking at this as a "business model" and whether or not the model itself is legal.

In that case, it should be fine. There's no paid sex workers, so it doesn't meet the definition for being a brothel.
 

Petrus123

Active Member
17 November 2019
5
0
31
Ah, I see what you're getting at now - you're actually looking at this as a "business model" and whether or not the model itself is legal.

In that case, it should be fine. There's no paid sex workers, so it doesn't meet the definition for being a brothel.

Yes, thats what i need to know. Considering the definition of a brothel as contained in the law, and a general definition, it certainly is not. Thank you for the advice. Really appreciate your time.
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
No worries.
 

Rob Legat - SBPL

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You’ll need to consider your local Council’s zoning laws.