Wednesday, December 21, 2005

Group Sex - Threat To Society?

OTTAWA (Reuters) - Canadians who attend "swingers clubs" to have sex in groups with strangers will learn on Wednesday whether they can keep doing so in peace or are considered a threat to society.

The Supreme Court of Canada will rule in the case of two Montreal men who ran separate swingers clubs and were found guilty under the country's Criminal Code of "operating a bawdy house". The judgement is due at 9:45 a.m. (2:45 p.m. British time).

The accused say the group sex posed no harm to the general public because it took place behind closed doors.

"These were consenting people -- people who were members and had access to the place. It was a private place ... and that's why we think we'll win," Josee Ferrari, lawyer for one of the accused, told Reuters on Tuesday.

Her client, Jean-Paul Labaye, ran the L'Orage (Thunderstorm) club where people paid C$200 (97 pounds) for membership. A separate room, equipped with mattresses, was set aside for those members who wanted to have group sex or watch what was going on.

Labaye was fined C$5,000 on the grounds that his club had caused "social harm" and that the group sex had been degrading, dehumanising and anti-social, as well as risking the spread of sexually transmitted diseases, according to court documents.

The other defendant is James Kouri, owner of the Coeur a Corps (Heart to Body) club where couples paid C$6 to enter and then moved to a dance floor. Every half hour, a black curtain descended around the floor and group sex occurred.

Both men turned to the appeals court in the province of Quebec, which upheld the case against Labaye but threw out Kouri's conviction on the grounds that the curtain meant no one present in the room was compelled to witness sexual acts.

The contradictory decisions by the Quebec court on two very similar cases means the case is now in the hands of the Supreme Court.

As there is no definition of indecency in the Criminal Code, the judges have to decide whether the group sex breached general standards of tolerance and went "beyond the rules of conduct necessary for the proper functioning of society."

The case has echoes of former Canadian Prime Minister Pierre Trudeau, who moved to decriminalise homosexuality in 1969 on the grounds that "the state has no place in the bedrooms of the nation".

Joseph Arvay, a lawyer for the British Columbia Civil Liberties Association, told Reuters the state should not try to impose its morality on sane, consenting adults.

"We believe this kind of activity ... is highly personal and private and in no way harms anybody else," he said.

"This is done behind closed doors, these places are well signed, people know what's going on inside, the activity is truly consensual. There is just no room for the criminalization of it."

4 comments:

Sinn said...

Thanks for posting the story. I guess I need to keep up with this stuff better.

Anastasia said...

I read about this today mind you..which means that the newspapers here in Sydney are way behind.

Bukkake Index said...

Hmmm, group sex is not a threat, except if you want to make a scandal out of it

Free Porn Gallery said...

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