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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice
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Hello and good morning. This question covers Criminal and

Customer Question

Hello and good morning.
This question covers Criminal and property law.
I used to rent out a residential property and the tenant has just left.
My wife and I have decided not to rent it out but to use it as a S&M playspace (Dungeon) for ourselves and our friends but wish to remain within the law and not get into any trouble.
Additionally, a professional Dominatrix friend of ours has also asked if she could use it from time to time, she pays taxes to the government for her work/income. No sexual intercourse takes place when she is working.
We just wish to enjoy ourselves whilst at the same time not breaking the law?
Kind Regards
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

What concerns do you have over this please?
Customer: replied 3 years ago.

Im worried what the police may consider to be either of the following:



Sex work?



House of immoral activity (there is another name for this but I cant remember it)?

Expert:  Jo C. replied 3 years ago.
How does she come to pay taxes?

I presume everybody involved is a consenting adult?
Customer: replied 3 years ago.


Expert:  Jo C. replied 3 years ago.
When you say S & M, are you talking about serious injury?
Customer: replied 3 years ago.





marking of the skin

not against anyones will, all consenting/requesting it!

Expert:  Jo C. replied 3 years ago.
When you say marking of the skin, you mean bruising and reddening and no more?
Customer: replied 3 years ago.

Yes exactly, for pleasure only

Expert:  Jo C. replied 3 years ago.

On your specific points above

1 It isn't against the law to pay for sex in the UK. The offences lie in soliciting or kerb crawling. There are offences in control of a child prostitute but obviously that doesn't apply here.

2 There is also an offence in keeping a brothel but if this is just one and you are not charging then it would not offence.

3 There used to be an offence of living off immoral earnings. That has basically been replaced by controlling a prostitute here

but I don't think thats what you are describing here.

In terms of S & M, there is a very famous case that considered the issue of whether or not a person could consent to harm. The decision was that the satisfaction of sadomasicist libido was not a good reason and so a person could not. Those injuries were severe though. You are describing common assault injuries and the law has generally interpreted that a person can consent to that.

Can I clarify anything for you?

Customer: replied 3 years ago.

Thanks Jo


1. "intentionally controls any of the activities of another person relating to that person’s prostitution" could activities mean provide a building as a landlord? ie what exactly does activities refer to?

Regarding "Prostitution" does this refer to intercourse or the manipulation of genitals and use of sex aids?


2. The fact that this is in my private residence is not a problem? there is no nuscianse to neighbours.


3. How/where can I confirm that Common Assault injuries may be consented by a person?


Kind regards



3. Can I use any of this answer if I am ever confronted as trying to ensure that Im on the right side of the Law?



Expert:  Jo C. replied 3 years ago.
1 No, it means things like finding clients and collecting money. Prostitution means the sale of any sex act.

2 Well, the neighbours may not be all that happy but until it amounts to a nuisance there isn't anything they could do.

3 Its just a general principle of law. Consent is a defence to common assault.

3 You can do that but obviously you have to bear in mind that I haven't had full vision of your situation. This answer is right on the facts that you present but if there is anything I do not know that may make a difference then that is something to bear in mind.

Also, you have to try to pre empt how things may look to any person who witnessed this. There are always two issues with these things. The first is whether or not what you are actually doing offends. The second is how things may look. Any of us could be the victim of a false allegation.
Customer: replied 3 years ago.

Jo many thanks

There are a few additional questions relating to this same issue (use of the house) but Im not sure if you would be happy me continuing or would I be better reverting to your £40 per month option?

Kind regards


Expert:  Jo C. replied 3 years ago.
if they relate to the same question and I know the answer then as far as I'm concerned they are free follow ups.

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