Procuring Sexual Services

If you cause or induce someone to offer or provide sexual servicesA sexual act that gratifies the person who receives it for considerationAny form of payment in exchange for sexual services, you can be charged under s.286.3 of the Criminal Code. You can also face this charge if you recruit, hold, conceal or harbour a person who offers sexual services for payment, or if you exercise control, direction or influence over their movements. The penalty is more severe if that person is under 18. Those who sell their own sexual services cannot be prosecuted for this offence. According to a Department of Justice (DoJ) document (prostitutionThe purchase and the sale of sexual services, with only the purchase being illegal Criminal Law Reform: Bill C-36, the Protection of Communities and Exploited Persons Act), a person procures another for prostitution if they cause or induce that person to sell sexual services. This distinguishes procuring from the offence of materially benefiting from prostitution. The DoJ document explains that a "classic pimp" is likely to be guilty of both the procuring offence and the material benefit offence since they both induce another person to sell sexual services and receive money from the sale of those services. In contrast, a bouncer who works at a strip club where prostitution occurs may only receive money from selling sexual services. In such a case, the bouncer would only be guilty of the material benefit offence.

The Crown needs to prove beyond a reasonable doubtThe high standard the Crown must meet to prove guilt. that you committed one of the following: you caused or induced someone to offer or provide sexual services for payment; or you recruited, held, concealed, harboured, or exercised control, direction or influence over the movements of a person who offers sexual services, for the purpose of facilitating someone buying those services. This could come down to a he said/she said situation, where the credibility of the other party will be examined. Your defence lawyer may also find that police violated your Charter rights to be protected from unreasonable searches in their investigation. If that is the case, any evidence obtained in that search has to be withdrawn.

If you have been charged with procuring, the Crown will proceed by indictment. This is a serious offenceAn indictable offence with a maximum punishment of five years or more. that carries a maximum of 14 years in prison.

Procuring under s. 286.3 is about causing or facilitating someone else's sexual services for payment. Paying for sexual services yourself is the separate offence of obtaining sexual services for consideration under s. 286.1.