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 law's just changed in England & Wales. In May 2004, the Sexual Offences Act 2003 came into force, and it'll affect maids just as much as anyone else.
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.)
It used to be an offence for a woman 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 This has now been repealed.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?
Until some cases are brought to trial, no-one can be completely sure. So unless you want to be the test case, 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 a new offence of "owning or running a brothel involving prostitution" means the penalties are 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?
At the moment, a male to female transsexual is treated as being a man, whether they're pre-op or post-op. (This will change when the Gender Recognition Bill becomes law.)
So they used to be slightly more risky to work for - it was illegal for a woman to live on the earnings of male prostitution. 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 'Offences Against Public Morals And Decency', including these thoughts:
Keeping a Brothel: Charging Practice
The offence of keeping, acting or assisting in the management of a brothel is contrary to section 33, Sexual Offences Act 1956. What constitutes a brothel is a matter of fact and degree. Most brothels are used for the purpose of prostitution. In the more unusual circumstances where no payment is made for sexual services, you should consult the relevant case law.
Brothel keepers should normally be prosecuted, especially if they are making money out of the enterprise.
You have greater discretion in charging those who have assisted, such as receptionists. If the assistance is crucial to the operation of the brothel or the receptionist has been involved for a long period of time, a prosecution will normally be appropriate. If the assistance is minor or over a short period of time, a prosecution may not automatically result.
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.
Comments? Queries?
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