Sexual Offences
Paid Girlfriend
Case in Brief:
Sze tried to tempt her classmate, Wing Man, to earn quick money in an immoral way. Will Wing Man agree?
Offences discussed
Q & A
Sze tempted Wing Man to get into compensated dating. Has Sze broken the law?
The possible offences are procuring unlawful sexual intercourse and living on the earnings of prostitution.
It is an offence contrary to Section 132(1) of the Crimes Ordinance (Chapter 200) to procure a girl under the age of 21 to have unlawful sexual intercourse in Hong Kong or elsewhere with a third person.
The maximum penalty for the offence is 5 years’ imprisonment.
By suggesting to Wing Man that she should have sexual intercourse with Mr. Wong in return for payment, Sze has procured (brought about) the sexual intercourse which occurred between Wing Man and Mr. Wong. As Wing Man is under 16, the sexual intercourse is unlawful. The requirements of Section 132(1) are satisfied.
It is an offence contrary to Section 137 of the Crimes Ordinance (Chapter 200) to knowingly live wholly or in part on the earnings of prostitution of another.
The maximum penalty for the offence is 10 years’ imprisonment.
In addition to bringing about the sexual intercourse between Wing Man and Mr. Wong, Sze has received $1,000 from Mr. Wong as commission. That payment comes about because of his sexual intercourse with Wing Man. Wing Man has prostituted herself. Sze has received a financial benefit as a result. Arguably that is sufficient to satisfy Section 137 of the Crimes Ordinance (Chapter 200), even if this is the first time Wing Man has engaged in sexual intercourse.
Has Mr. Wong committed any crime?
It is an offence contrary to Section 124 of the Crimes Ordinance (Chapter 200) to have sexual intercourse with a girl under 16 years of age.
The maximum penalty for the offence is 5 years’ imprisonment.
As a fact Mr. Wong has had sexual intercourse with Wing Man. Wing Man is under 16 years of age. Wing Man’s consent to sexual intercourse is no defence as she is under 16 years of age.