Working with a maid is safer than working alone. However there are some ways in which the maid can get into trouble with the law.
The two relevant laws are the Sexual Offences Act 1956 (just about the only bits of it left are the brothel laws) and the Sexual Offences Act 2003.
The Basic Question: how many people 'work' at the premises?
If it's more than one, even if they don't work there at the same time, it's a brothel. (They don't have to offer sexual intercourse, and – strange but true – they don't even have to charge!)
Watch out for the situation where rooms or flats in one building are let separately to different individuals offering sexual services – it may be treated as a brothel if the individuals are effectively working together. Evidence of shared keys, washing and toilet facilities, etc will be relevant.
Single worker flats
If it is just one, life is simpler. Single worker flats are legal. (There are a couple of possible issues with planning laws, but these needn't worry you.)
One of the bits of the 1956 act that has gone was an offence for a woman (only) to make money through exercising control, direction or influence over another woman's movements in a way which shows she was aiding or compelling her prostitution. It was difficult to prove and in practice, no-one bothered trying. This has now been repealed.
From May 2004
As a maid in a single worker flat, you're fine… provided they're at least 18 and you do not both gain from AND have control over (not just 'aid') the work, or know that someone else does.
So being paid is ok, whether it's a 'voluntary' tip from the punters or getting a cut from the worker…
… provided you don't control the work. What does 'control' mean?
Some cases mean we now know that it doesn't imply coercion or force or anything else abolitionists go on about. So, it's a good idea to follow some simple rules:
- Don't have anything to do with setting prices: don't show menus, don't talk prices or services with punters – that's for the worker to do.
- Don't do the banking or pay the bills.
- Don't do any advertising / illegal carding.
Working in a brothel
It's legal to be a sex worker at a brothel provided you don't assist in its management… but maids and receptionists have often found themselves being accused of having done so – and that's just as illegal as actually owning it.
Plus the Sexual Offences Act 2003 added a new offence of "owning or running a brothel involving prostitution" with the penalties increased to an unlimited fine and up to seven years in jail.
To be liable for this, you have to have some degree of 'control' over the running of the business. If you have a say in what services are offered and how much is paid for them, this is control.
Taking money from clients and noting its receipt in a cashbook; putting up advertisements; paying bills; hiring and firing staff; supplying materials; banking and book-keeping have all been held to amount to a sufficient degree of control.
Activities such as admitting customers, cleaning, removing rubbish, making coffee or other duties of a trivial nature are not sufficient. You might want to get something in writing saying this is all your job entails.
Male maid?
It used to be the case that just benefiting from ("living on") the earnings of another's prostitution was illegal for men.
Now, the law's the same for everyone: you need both 'gain' AND 'control' to be illegal, unless you're helping to run a brothel.
Trans worker?
They used to be slightly more risky to work for – it was illegal for a woman to live on the earnings of male prostitution. Once again, now the law's the same for everyone: you need both 'gain' AND 'control' to be illegal, unless you're helping to run a brothel.
What gets prosecuted
The Crown Prosecution Service, responsible for deciding which cases to take to court, have published much of their advice to their staff. Of particular interest is the section on 'Prostitution and Exploitation of Prostitution', including these thoughts (our highlighting):
Maids
When considering charging so-called "maids" (an individual who has assisted in running the brothel, such as a receptionist), and there is sufficient evidence, the public interest will usually mean the maid will be charged if their assistance is crucial to the operation of the brothel or they have been involved for a long period of time. If the assistance of the maid is minor or over a short period of time such as cleaning and tidying, a prosecution may not be necessary in the public interest.
The following models may provide a useful guide in assessing the involvement of the maid in assisting in the running of the brothel:
Minor Involvement: the maid is employed to just look after the woman or women supplying sexual services. She will keep the premises clean, buy provisions such as food and cleaning materials and ensure that items such as condoms, creams etc are available. She may receive calls from 'punters', provide the address to those wishing to attend and may answer the door. The maid will be paid by the woman or women on the basis of business.
Medium Involvement: This type of brothel will have a maid who is brought in to manage premises used by several women over the course of a week. The maids will differ and will be employed by the premises owner. The maid will not always know the women who work in the premises as they will also change daily. The maid will be paid a small sum by the premises owner and more by the women providing the services. The maids will vet 'punters' and receive telephone calls. Police intelligence suggests that the women employed in these brothels are mainly foreign nationals and incidents of trafficking in this type of premises are rising. Where trafficked victims and young women under 18 are supplying sexual services in these premises, arrest and prosecution of the maid is more likely to be considered.
Serious Crime Involvement: In this type of brothel, the controller or trafficker works on the premises. Women working in the brothel are often coerced, forced or trafficked and the maid / controller needs to maintain close supervision to limit their freedom and monitor their earnings and finances. Often these maids are actually the controller or trafficker and are committing other (additional) serious offences, e.g. false imprisonment / assault.
So again, make sure you don't do anything that could be seen as vital in running it and if the place is raided, you may escape ending up in court.
You might also consider working in different place every so often, particularly if where you work is part of a chain and thus more likely to get raided.
And the same advice applies to maids as to anywhere else:
- Find out what laws the police are currently enforcing in your area and try to work within those boundaries – some forces say they have 'zero tolerance' of brothels etc, while other forces will call around to check that everything is ok at brothels in their area.
- Keep your activities low-key to avoid attracting attention – the neighbours can't complain about things they don't know about.
Whatever your set-up, police involvement is more likely where there are under-age or illegal immigrant workers, or where there is drug dealing, money laundering, violence or 'exotic' services such as bondage or SM on the premises.