Escort agencies are companies that provide escorts for clients, usually for sexual services.
The agency typically arranges a meeting between one of its escorts and the client at the customer's house or hotel room (outcall), or at the escort's residence (incall).
Some agencies also provide escorts for longer durations, who may stay with the client or travel along on a holiday or business trip.
While the escort agency is paid a fee for this booking and dispatch service, the customer must negotiate any additional fees or arrangements directly with the escort for any other services that are not provided by the agency involved, such as providing sexual services (regardless of the legality of these services).
Escort agencies claim that they are dispatching these individuals to provide a social or conversational service rather than a sexual service, since prostitution laws often forbid taking payment for sex or communicating for the purpose of arranging a contract for sexual services.
Advertisements for escort agencies often carefully skirt the legal line, and avoid specifically offering prostitution or sexual services.
This fact in turn is well-known to police and the political powers, who, where prostitution is illegal, usually prefer to act against more visible and problematic street prostitution.
This has been criticized as hypocrisy, especially where governments license and tax the escort agencies. However, there almost certainly do exist agencies that do go by these laws and do not facilitate prostitution.
Some countries have used a two-pronged approach of criminalizing street prostitution but permitting or licensing prostitution in brothels or via escort agencies.
Prostitution in Austria
Prostitution in Austria is regulated under the penal code (Strafgesetzbuch) under Zehnter Abschnitt Strafbare Handlungen gegen die sexuelle Integrität und Selbstbestimmung (§§ 201-220b) (Part Ten: Offences against sexual integrity and self-determination (§ § 201-220b)).
Although sex work itself is not forbidden, Section 207bSexueller Missbrauch von Jugendlichen (Sexual abuse of juveniles) allows for prosecution of clients of workers younger than 18.
Additional restrictions are specified in § 214 to 217. Medical examinations are required by the AIDS and STD laws.
The laws of the federal States of Austria place further restrictions on the times and places where prostitution may occur.
The most restrictive law is that of Vorarlberg, where prostitution is legal only in licensed brothels and to date no such licenses have been issued.
The Supreme Court of Austria (Oberster Gerichtshof) held in 1989 that Prostitution was a sittenwidriger Vertrag (Unconscionable contract); therefore, a prostitute had no legal recourse against a customer who refuses to pay (OGH June 28, 1989, 3 Ob 516/89).
This sentence was revised in 2012 (OGH April 18, 2012, 3 Ob 45/12g), explaining that prostitution can no longer generally be considered as unconscionable because moral attitudes have changed and prostitution is regulated by local laws.
In particular, prostitutes now have the legal right to sue for payment.
Under Strafgesetzbuch § 216, it is forbidden to receive a regular income from the prostitution of another person, so a prostitute cannot legally be considered an employee.
Prostitutes are considered to be self-employed, and since 1986 they have been required to pay taxes.
The Arbeits- und Sozialrechts-Änderungsgesetz (ASRÄG) 1997 included them in social insurance.
Condom compulsion, including condom compulsion, obliges the use of condoms during sexual intercourse in sex work as protection against HIV and other sexually transmitted diseases (STI).
In Germany, for the first time, the prostitutes protection law in § 32 (1) introduced a general obligation to conduct condoms from 1 July 2017 in the field of prostitution.
This has been preceded by some regulations in various federal states.
In its regulation on the prevention of communicable diseases with effect from May 16, 2001, Bavaria introduced a condom requirement for female and male prostitutes and their suitors.
In 2009, the Augsburg Administrative Court dismissed the action brought by a brothel manager against the obligation to conduct a condom in the publicly accessible rooms of her home.
In Saarland, the Kondompflicht was introduced in February 2014.
The professional association erotic and sexual services spoke out in September 2014 against the introduction of a legal Kondompflicht, because the control of compliance without inappropriate repression is not possible.
Fines of up to € 50,000 are foreseen for breaches of the Kondompflicht, the prostitutes are not threatened with fine, contrary to earlier plans for violations of the Kondompflicht.
Likewise, the advertising for paid sexual intercourse without a condom is prohibited in accordance with § 32 para 3 ProstSchG and can be punished with up to 10,000 euro fine (§ 33 para 3 ProstSchG).
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