Sex and Dungeons: What's Really Going On?

Posted at 11:37 AM Apr 28, 2008

Late last week there were several busts of professional BDSM dungeons here in NYC - at The Nutcracker Suite and Rebecca's Hidden Chamber. In both cases, the women arrested are being charged with prostitution. In a predictably salacious NY Post article, it's reported that six dommes from Hidden Chamber were "arraigned on misdemeanor prostitution charges and released on their own recognizance."

Prostitution charges may seem pretty straight forward: you're either having sex for money or you aren't. However, there are really a lot more shades of gray. In a typical session with a professional dominatrix, there will not be intercourse - in fact, the vast majority of pro dommes won't get anywhere near naked. But the activities that occur during the session are undeniably sensual, performed with the goal of satisfying erotic needs that don't have much to do with penises entering vaginas (or other orifices).

Which leaves the question: what is "sex"? How broadly can it be defined? And if a broad definition is used, does this mean that a hell of a lot more acts could be classified as prostitution?

Here's a snippet from the 1994 case People v. Georgia A. that clarifies a bit:

"Term “sexual conduct” as used in prostitution statute, includes acts of masturbation, homosexuality, sexual intercourse, or physical contact of person's clothed or unclothed genitals, buttocks, or woman's breast. McKinney's Penal Law § 230.00."

"Crime of prostitution does not cover basic sado-masochistic relationship; sado-masochistic acts such as foot licking, spanking, domination and submission do not appear to fit within category of “sexual conduct” referred to in prostitution statute. McKinney's Penal Law § 230.00."

For more examples, check out the compilation of case law and statutes on sex work in NYC Manhattan-based domme and blogger Miss Victoria X has posted.

--Audacia Ray

[photo by Michele Serchuk]

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