Company Insists That It Is Not Guilty of Prostitution In Hiring “Condom Testers”

A Chinese company raised an interesting statutory interpretation question with a job advertisement seeking “condom testers” in Shanghai. The ad declared that the company was looking to hire “lively and good-looking women” aged 18 to 25 to work for a salary of up to 3,000 yuan (US$480) per day. A company official identified as Chen insisted that, while the women are required to have sex, they are doing it for research and the company only hired the women because it cannot afford machines.

Chen says that they already have enough men. Chen assured people that “[i]n the tests, women usually don’t have such a tough job as only men are responsible for taking notes and getting test results.”

While the company has since taken down the advertisement, it received dozens of applicants.

In the United States, the standard definition of prostitution is:

(a) A person commits an offense if he knowingly:
(1) offers to engage, agrees to engage, or engages in sexual conduct for a fee; or
(2) solicits another in a public place to engage with him in sexual conduct for hire.

A “condom tester” would seem to be engaged in “sexual conduct for a fee” though the company is paying a “salary” rather than a per act fee. Indeed, this appears to be the distinction drawn by the company. Chen insists that the women were only required to do one “testing” a day and would not receive more pay for additional acts. Moreover, the company could argue that the male is not actually paying for sexual services since both parties are paid by a third party, the company.

Before one dismisses the legal interpretation, keep in mind that we allow people to have sex for money if they do so on film. We call them actors as opposed to prostitutes. What is the difference between paying a salary to “actors” as opposed to “testers”?

Source: Shanghai Daily

Kudos: Professor Don Clarke

36 thoughts on “Company Insists That It Is Not Guilty of Prostitution In Hiring “Condom Testers”

  1. Because. They can’t. Afford. The machines? (To be read in the voice of William Shatner, Stephen Hawking, or George Carlin.)

  2. “Chen says that they already have enough men. Chen assured people that “[i]n the tests, women usually don’t have such a tough job as only men are responsible for taking notes and getting test results.”

    That’s one funny paragraph. Can’t you just envision the corporate bureaucrat in a white lab coat making this statement in all seriousness and with a straight face?

  3. Before one dismisses the legal interpretation, keep in mind that we allow people to have sex for money if they do so on film. We call them actors as opposed to prostitutes. What is the difference between paying a salary to “actors” as opposed to “testers”?

    This seems to be a distinction without a difference.

  4. This is where the rubber meets the road. They are not having fun or getting paid to provide fun so therefore getting paid to test the rubber is not the same as getting paid to get someone to have fun. No pun intended on the fun pun.

  5. I would imagine the company not only has all the male testers it needs those employees are actually paying the company a salary rather than taking it ;)

  6. I have tested a lot of them and never know if they work or not. Of course I never caught nuttin nor have I contributed to the birthin of any babies.

  7. We also have two astronaughts who could be charged under the Chinese definition of prostitution.

    “They lack the funds to buy testing equipment”

    Wow, that’s not something I would advertise if I was them. Enough money to make machinery but none to ensure quality assurance standards. Seems to be a common ailment of Chinese industry.

    Actually in a way this might be different nuance in management / labor relations. The treatment is the same, but at least the bosses are using protection.

  8. I wonder if they test the condoms using male on male sex? Maybe like Iran, China doesn’t have any homosexuals. But let’s be honest, anal sex is one of the most likely way for HIV to be transmitted. So, if you are a person who engages in anal sex you have a right to know it passes that test. I’m not gay..NTTAWWT. But the countdown to my digital rectal exam is coming up and that orefice is a tighter squeeze. It’s REALLY on my mind.

  9. Blouise, Martha Raddatz hosted this week yesterday. Since she’s a military reporter she knows the practical side to long deployments w/o sex, something we discussed last week and mentioned it vis a vis Patreus and Allen. It really has to be tough when you’re deployed in a Muslim country. Not like the Gi’s had it in the UK, Germany and Italy during WW2. Or like the soldiers in Viet Nam or Korea.

  10. By the definition posted, porn is prostitution.

    I think the difference usually is who is paying. A third party is paying – in this case a company that produces a product (just like with porn). If one of the participants or someone related to one of the participants is paying, it’s clearly prostitution… But if a third party is paying both parties (or either party), it wouldn’t seem like it would be…

    Or if it were, then porn would be, too.

  11. ID, Here in the US they give you that twilight anasthesia so the procedure is a piece o’ cake. It’s the prep that sucks, drinking a gallon of nasty tasting stuff and sitting on the toilet 20 times! I got a 10 year clearance after my first one. You should have had many by now you old fart.

  12. nick spinelli 1, November 19, 2012 at 3:48 pm

    … male on male sex … anal sex … anal sex … I’m not gay … my digital rectal exam is coming up …
    ==============================
    Are you being PC today? ;)

    I can’t process “anal” and “sex” with my olde timey mental dictionary’s definition of “sex”.

    Anal intrusion, butt throbs, internal combustion, and things of that sort come to my mind when I hear those words.

    Being straight is ok IMO, because I kissed a Girl and I Liked It, even though some of my friends have been gay.

  13. Dredd, LOL. You just gave a version of the 1960’s, “Some of my best friends are Negroes.” You know it’s funny, my daughter when she was in high school[this millenium] heard me say “Negro.” I was talking about an old black guy I knew. She gasped and thought it was akin to “nigger” which has never heard me say. I bet there were a lot of kids who think the same. Collateral pc damage of a legit word, just out of fashion.

  14. Woosty’s still a Cat 1, November 19, 2012 at 5:17 pm
    ==============================
    I think you just shot down their assertion that the machines were too expensive.

  15. nick spinelli 1, November 19, 2012 at 5:26 pm

    Dredd, LOL. You just gave a version of the 1960′s, “Some of my best friends are Negroes.” … I bet there were a lot of kids who think the same. Collateral pc damage of a legit word, just out of fashion.
    ============================================
    No doubt about it.

    Check out the words “the company was gay” … “my love reigned as Queen” … “terrist house” … etc. from a band of modern history, not ancient history.

    Words morph:

  16. PS nick, this song encapsulates an older version of milk delivery, where the customers would leave, 1, 2 or more empty milk bottles on their front porch and the milk many would replace that many with new bottles full of the day’s milk.

  17. Time flies, and here comes the voice from the past creeping. Old fart indeed!

    Words morph, well it all does, only greed and power are unchanged. Try immersing in another culture for 44 years and see what happens, You are so out of it you can’t
    even see the difference. Dive back into your bunny hole if you can find it.

    Like visiting Times Square for the first time, come up out of the subway and lose all reference points.

    =========================

    I must remember to ask for twilight anesthasia. Re Nick’ advice.

  18. Dredd
    1, November 19, 2012 at 5:27 pm
    Woosty’s still a Cat 1, November 19, 2012 at 5:17 pm
    ==============================
    I think you just shot down their assertion that the machines were too expensive.
    ———————————- ;) indeed

  19. Young man Dredd we had a milk man in my youth. I’m an old mofo and understand all references back to the mid 50’s. My older sister loved Herman’s Hermits. That clip was nostalgic and melancholy. Mary played that 45 continuously! That is until the next Herman’s Hermits record came out. She obsessed on the Righteous Brothers also…better selection IMHO.

  20. pete9999
    1, November 19, 2012 at 10:04 pm
    ————————
    hahahaha! I know….that’s a level of curiosity that just escapes me….hahahaha!

  21. We don’t “allow people to have sex for money if they do so on film.” That’s why the porn jndustry can only operate in a few select locations- it is illegal in most if the country as prostitution.

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