A couple signed a prostitution agreement; four people were arrested for engaging in illicit sexual activity in a hotel over the weekend.

[Case Study] Wang (male) and Zhu (female) are a married couple, as are Zhou (male) and Liu (female). The four met at a club and, finding they clicked, secretly agreed to a "sexual agreement." The agreement stipulated that if Wang and Liu had one sexual encounter, Zhou and Zhu would have one, ensuring an equal number of encounters for each party. Initially, each party followed the agreement individually. One weekend, Wang suggested they all have sex together, so they booked a standard room at a hotel. However, the presence of four people aroused the hotel owner's suspicion, leading to a police report. The police, initially suspecting prostitution, arrested the four, only to discover that two of the four were actually married couples. After they presented their marriage certificates, the police discreetly left. This case is adapted from a true story

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the author has only blurred the names of the individuals in the original case, retaining the facts. We assume the facts of the case have been clearly established, and the evidence used to establish the verdict is sufficient and conclusive. Below, the author will briefly analyze this case based on legal provisions and principles. Any shortcomings are open to criticism and correction.

***The agreement is invalid in law: it violates "public order and good morals".

Article 52 of the Contract Law [Circumstances under which a contract is invalid] stipulates that a contract is invalid if any of the following circumstances exist: 4. It harms the public interest;

***The agreement, in essence, is an act of adultery. Such an agreement obviously violates the fidelity obligation between husband and wife. Everyone will not understand it. It has violated the public's perception and harmed social morality. Therefore, it is invalid because it violates "public order and good morals".

In other words: the law does not protect any problems that arise during the operation of this agreement. For example, when terminating the agreement, Wang said that Liu owed him a sexual relationship. Can he sue to get it back? Sorry, it is not protected.

The

behavior of the four people in the hotel is neither illegal nor constitutes a crime.

(1) This behavior does not constitute a crime.

Article 301 of the Criminal Law [Criminal Crime of Gathering for Lewdness] refers to the act of openly disregarding national laws and social morality and gathering multiple men and women to engage in lewdness.

The legal interest protected by this crime is: the public's sexual feelings, especially the non-public social order of sexual behavior.

Gathering refers to 3 or more people, and there are 4 people in this case, which meets the criteria.

What is promiscuity? It includes sexual relations in a broad sense and sexual relations in a narrow sense: masturbation and other acts of stimulation, excitement and satisfaction of sexual desire.

The requirement of this crime is that the promiscuous behavior is carried out in a place that can be seen or may be seen by the public.

On the contrary, in this case, the four people carried out sexual behavior in a secret room, which did not actually infringe on the legal interests protected by this crime, so the four people did not constitute a crime.

(2) Is this behavior illegal?

Is adultery illegal? If there is no monetary transaction, it does not count as prostitution, so it is not illegal. Each of the four people is committing adultery with the other. Although it is a bit chaotic, it is still not illegal.

Conclusion: We often hear a case of "couples watching pornographic videos at home". In fact, this behavior is not illegal. Of course, we can regard watching pornographic videos or the adultery behavior of the four people in this case as a kind of immoral behavior. Although we do not advocate it, according to the requirement of "legality of crime and punishment", we cannot arbitrarily convict and sentence them. In fact, there are many things in real life that are not illegal or criminal, but are immoral, such as spitting everywhere.

In fact, it is very important to cultivate refined hobbies in life. If you play too wildly or go too far, you may end up getting burned or falling down.

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A couple signed a prostitution agreement; four people were arrested for engaging in illicit sexual activity in a hotel over the weekend.

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