Private dancer?

A news item on a Belgian radio last week spoke of how students were turning to new forms of income to subsidise their studies. One form of income was a new service being provided whereby students agreed to perform cleaning services (the French term is “technicien des surfaces”) while wearing sexy underwear. Persons buying the service presumably got their kicks from watching scantily dressed women perform household chores. The company providing the service had strict rules including “no physical contact” and would cream 30% of the charge for having provided the contact.

The debate was obviously centred around whether this was a form of “proxénétisme” (another funky French word for prostitution). Apparently the issue of voyeurism does not fall strictly into that category. Another issue was whether this amounted to exploitation (or sexploitation) of the fairer sex and the reply by the company was that they were also planning to introduce male versions of the service.

Back on the island for a short break I have just come across a new report from the Maltese courts. A magistrate has just held (in the reported words of the press) that “Baring breasts while lap dancing not a scandal“. To begin with, it is not strictly speaking a business of the law whether or not a “scandal” exists so the title is more than just misleading in this sense. The real fact of the matter is that a court of law in Malta has finally held that what goes on in strip clubs is not exactly secret and that it is up to a mature person to decide whether or not he wants to go there or not.

In many a way this can be seen as an important development and not just for strip club issues but also in situations like drama or theatre where the question of censorship might have been brought into play. The first thing that came to my mind was the “Stitching” question which could have benefited from that kind of assessment in the first place – once you are warned that a play will have adult/mature content you should not then complain about the content being offensive to your particular morals.

In the case of strip clubs we might be spared the pathetic “my bra fell off” kind of defence that made a mockery of the very public secret of why people frequented the kind of establishment such as Steam. Such as this one:

Camilleri herself testified and said that she works as a lap dancer and the Police had gone in. She was wearing a bikini top and boxer shorts.  She said that her bra had loosened a bit because she had been dancing, and when she noticed what had happened she immediately put the bra back into place.

The case in question probably does not itself solve the issue of the legality or otherwise of strip clubs in Malta. The legal twist lies in the fact that prosecution of such “offences” hinged on the notion of “public indecency” and “performing immoral acts in public”. In both cases the “public” element of the offence was crucial and what this case seems (again I only comment on the press report) to do is to confirm that the offence does not exist once it is carried out in a private establishment – where as the court report goes: “mature people should know what a type of club “Steam” and others similar are. It is the person who chooses to go in or not.”

So as far as legalese goes what we have is a confirmation of the fact that what goes on in strip clubs does not violate the provisions of public indecency or public offence to morals. What remains to be seen of course is whether the country has a policy on stripping in private places or whether the hypocritical lacuna will remain as it is. Businesses have spread across the red quarters of Paceville and there’s no denying that it is a booming trade.

The dangers of exploitation and what is called white slave traffic remain rampant and now that the traditional form of discouragement – the prosecution on the basis of public indecency – seems to have fallen there should be an informed and responsible attempt at proper regulation (which does not necessarily translate to banning the Full Monty) in order to ensure that all actors in the trade are sufficiently protected. The business of strip clubs cannot and should not remain the elephant in the room that is only mentioned to contribute to some form of  voyeuristic entertainment in the media industry.