- November 20, 2023
- Posted by: legaleseblogger
- Category: Related News
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Title: Legal Implications of Refusing Services Based on PTSD
Introduction
As a sex worker in London, I often get clients from the internet. While I am open-minded and accommodating to most, I have a strong aversion towards serving men of a particular ethnicity due to a traumatic experience of being raped by a man of that ethnicity. This has led to a formal diagnosis of PTSD following the incident.
Current Situation
Recently, I was approached by a client of that ethnicity, and I explicitly explained to him that due to my PTSD, I was physically unable to provide services to his ethnic group. Regrettably, I chose to convey this through email, rather than using more tactful means, such as gently turning down the request or claiming to be fully booked. The client responded by threatening to take legal action against me for racial discrimination under the provision of goods and services, unless I changed my stance by the following day. Despite not responding to his ultimatum, he proceeded to inform me that he had completed a Form N1 and would be filing it in the county court should I not oblige his request by the specified deadline.
Legal Assistance with AI Legalese Decoder
This is a distressing and potentially complicated situation. Seeking the guidance of AI Legalese Decoder can be beneficial at a time like this. The tool can provide valuable information on the legal ramifications of the client’s threat and advise on the best course of action to take. It can assist in drafting a professional and legally sound response to the client, and offer insights into the steps to take if the matter escalates to a court filing.
Conclusion
In times of uncertainty and legal threats, it is crucial to seek expert guidance on how to proceed. AI Legalese Decoder can offer the necessary support and information to navigate through this challenging situation. It can help in understanding the applicable laws, formulating a strategic response, and preparing for any potential legal proceedings.
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****** just grabbed a
It’s very poor bluff.
He is literally saying have sex with me or I’ll sue you.
There isn’t a Court in the land which would allow that to proceed, as it is pretty much sextortion at it’s finest. SW is against public policy in the UK so I cant see much support from that. If he does go ahead with it, which is unlikely but heyho, report it to 101 as a extortion/blackmail. He will also have to provide his name and address for service on the Claim Form, so there’ll be no trouble in identifying him.
The fact he has named what the claim form is is absolutely meaningless. It’s information which is a google search away.
Finally, if – which is incredibly unlikely – something does come from it you should reach out to some of the SW charities that are active in the UK. SWARM is founded and run by SW’s, so they’ll clearly be a great starting point. There is also Beyond the Streets which are slightly more leaning towards helping women escape exploitation which I dont think applies to you, but they will be able to advise how to deal with him.
If you have any difficulties with any of this, the best place to start is Citizens Advice and they can also sign post you to relevant agencies.
(For what its worth, considering how this guy is acting, I think you’ve dodged a bullet not letting this guy anywhere near you.)
There is zero risk to you from this, the threats are empty. Any such ÔÇ£businessÔÇØ is treated as against public policy, so the court will refuse to entertain any claims related to ÔÇ£discriminationÔÇØ.
In actual fact he is more likely to be committing a crime because he is trying to coerce you into sexual relations by means of threats. Block and ignore.
No court, and I can’t say this clearly enough, is going to force you to have sex with a man against your will.
I cannot imagine a court will entertain the case once they discover the services he’s been declined and the reasons for it.
I think you’d have a better case for going to the police yourself as he’s clearly trying to compel you against your will, and that’s rightly going to get proper attention.
Pretry sure this will go nowhere, especially due to the intimate nature of services provided. Choices are based on alot of non things like gut feelings.
This is not like your selling ice creams.
There are a few problems that the (well, attempted) client faces:
* courts will not grant specific performance (pipe down at the back) for contracts that involve personal service – so even if the court did entertain a breach of contract claim, and even if he won, you still wouldn’t be ordered to go through with it: at most it’s money
* contracts for sex are unenforceable on the grounds of public policy in any case and that’s probably not being changed any time soon
* untested law: whether a discrimination claim in respect of unenforceable contracts can still proceed – now that would be interesting – you would say no, the courts should not entertain a claim by analogy to illegality as per the principles elucidated in [Patel v Mirza [2016] UKSC 42](https://www.bailii.org/uk/cases/UKSC/2016/42.html), that the court should not lend its aid upon something founded on an illegal or immoral act.
Of course that case did allow a claim for recovery of money lent to engage in insider trading, so the client would have a good claim here for repayment of any deposit that might have been paid.
However, if it was direct discrimination, the usual award is about £1,000 minimum.
I would ignore him unless you get a claim form.
ÔÇ£Have sex with me against your will or IÔÇÖll take you to courtÔÇØ is not the smart move he thinks it is.
Nothing will come from this, heÔÇÖs just trying to coerce you into backing down. Block & ignore.
There’s not a court within 1000 miles of you that would ever convict someone for not having sex with someone based on their race, honestly. Block and ignore
IÔÇÖm not an expert but I would say that he is bluffing, though prostitution (I apologise for the word, thatÔÇÖs how it is stated in legal documents) is legal in the Uk, if it goes to court it will definitely be made public, maybe he doesnÔÇÖt care about that, but itÔÇÖs not something most people will want to admit they pay for, so call his bluff
HeÔÇÖs being a jerk, no one can legally force you to have sex, not in the uk anyway. In fact it sounds as though heÔÇÖs trying to blackmail you into having sex which is illegal so you might want to mention that to him before you block him.
For future reference, donÔÇÖt ever incriminate yourself in emails or any other documents, itÔÇÖs just not worth it.
Stay safe.
No court is going to force you to have sex with someone against your will. This will go nowhere
He’d get laughed out of court.
However in future if your going to say anything you aren’t 100% sure is legal then don’t say anything at all.
Is there some kind of SW collective or union where you can post details, so he can’t do this to anyone else?
Nothing in UK law which says you have to serve a customer. Could they claim racism? Yes but any law enforcement you show your diagnosis to with PTSD would be understanding and be considered.
Would anything happen? Highly unlikely someone is going to go to any sort of authority to say they have been declined sex from a sex worker.
He’s definitely bluffing. How would he explain the reason to the court and if he’s married, how would he explain to his wife?
Ignore and don’t write shit like that in emails again
ThereÔÇÖs literally nothing to worry about here. Ignore him and move on with your life.
DonÔÇÖt worry. No court or police officer with a brain would go near this. Stay safe friend.
Just say you are not available. You do not have your give a reason.
To add to the chorus of comments saying that no court would entertain this for the clear and obvious reason that they canÔÇÖt force you to have sex (IÔÇÖm not entirely sure of the legal status of the sex trade, but in applying equality legislation in this case theyÔÇÖd acknowledge the legitimacy of the industry, which IÔÇÖm minded to think they donÔÇÖt really want to do, but feel free to correct me). The other consideration here is value: firstly, would he take you to a civil court and pay the court costs for something that likely costs less than the act of taking it through the judicial process with the very real risk of losing that money? Probably not. Secondly, if the court ruled in his favour, have you got enough in assets to pay him? If the answer is no then they wouldnÔÇÖt enforce such a penalty.
Just call his bluff. No way is he going to want to be exposing his own use of sex workers in court.
Trigger warning. Coercing you into sex via blackmail would be rape. At least in England.
It is not illegal to be a sex worker. It is however illegal to solicit the services of one and accept money for those services. Basically, he is guilty of a crime making your refusal completely legal. You are fine he is taking you to court because he couldn’t commit a crime. There will be no legal recourse for you. But he’s an idiot because by taking you to court for refusing his solicitation he is openly admitting to a crime … In court…with a judge and police officers
I will ignore him. He is treating you. You must choose your clients, because he chooses the woman that he wants to do the deal.
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Using a disability to excuse discrimination is not acceptable. Yes, you illegally discriminated against someone. And it’s not extortion like the top comment claims. Just like it’s not extortion to tell any other service provider that you’ll report them for discrimination if they illegally discriminate against you. It is however illegal to force a sex worker into service, and this would probably count as you being forced, but it’s not really him forcing you, it’s the law. But he’s using the law. Because he didn’t have to make the ultimatum. He could have just reported you without it. And it is because you explicitly said you were denying service because of their ethnicity. So it sounds like you both said some things in emails to each other that are incriminating, though yours is explicitly against the law while his is more difficult to determine how the courts would see it because of what appers to be a conflict between consumer protection laws and sex worker protection laws. Definitely contact citizens advice, because this is more complicated than this sub can really handle, and you’ve definitely said something that can screw you over big time.
P.s. how did he find you? Were you advertising sexual services? Or was this like a word of mouth sort of thing? Just curious because if you advertised, that could also come back on you.
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Sexual preference isnÔÇÖt racism – just like declining an advance from a person of the same sex isnÔÇÖt homophobia.
I think there is another issue here. Not all men of that specific ethnicity you refer to are all rapists. I think you need counselling etc to work on this and the effects of PTSD.
I suspect the person you refer to who has threatened to sue you is of the opinion that you have tarnished every man of his ethnic background with the same brush and this is somewhat alarming to him and to me as a reader.
I doubt he will take you to court but I do think you need to work on this!
So this person is actually requesting you have sec with him against your will? I donÔÇÖt claim to be a legal expert but IÔÇÖm pretty sure this falls under the ÔÇÿrapeÔÇÖ and ÔÇÿsexual assaultÔÇÖ categories of crime. So you can block him and warn other sex workers about this individual.