There are several legal issues which need to be considered if you are involved in exchanging sexual acts for payment. If you are involved in this from your own home and are the only person to do so, this in itself is not illegal. However, many of the aspects surrounding this activity are illegal. Further, if there are two people involved in exchanging sexual acts for payment from the same property this is considered to be a brothel, which is illegal.
It is an offence in Scotland to procure or have sex in a public place. If you are involved in exchanging sexual acts for payment you could be charged with a soliciting offence known as a “Section 46” of the Local Government in Scotland Act 2003. The Prostitution (Public Places) (Scotland) Act also exists to legislate against those individuals who seek to purchase sexual acts.
If you are met or stopped by police officers while on the street they may ask you what you are doing and request that you move on. If asked, you must give your correct name and address.
You do not have to turn out your pockets, but if you refuse you could be detained in order to complete a search. This may happen if it is believed that you have controlled drugs, concealed weapons or stolen goods on you. If you are found having sex by police officers you may be arrested. If you are detained by the police you should be told immediately why this has happened.
You can be held for up to six hours without charge. You have the right to inform a solicitor and one other person but not to have a solicitor present while being questioned. You cannot be taken to court without the opportunity to see a solicitor.
You may be photographed and have prints taken. Bodily samples may be taken without your consent and used for DNA matching if a serious crime is suspected.
If you are HIV positive and taking combination therapy, you will be entitled to your medication but you do not have to disclose your status to a police officer, just to the police doctor.