How legal is it to pay a woman to stay quiet after you had sex with her?

[Victor_c3]

Instead of paying a woman for sex and obviously breaking the law, couldn’t you pay them to sign a NDA and then have sex with them without giving them money for the sex?

That’s what trump did, right?

How is that not prostitution?

[RandySF]

1. Depends

If you’re rich and can pay $130,000, it’s perfly legal. However, you can get busted if you pay $200 to do the same.

[mucifer]

2. I'm not sure they have proof there was sex. There could be texts confirming it.

[unblock]

4. actual sex isn't necessary for a prostitution/soliciting charge.

the "crime" is in *making the deal* to exchange money for pretty much anything of a sexual nature.
no act of a sexual nature need take place. people can get nabbed based on the negotiations as soon as money changes hands.

for payment after the fact, the government would have to prove that payment was always contemplated and that it was understood to be payment for something of a sexual nature. generally that would be hard to prove.

in this case, donnie and stormy would have a rather strong defense in that the story is clearly of significant value, and the amounts involved are huge and far more in proportion to the commercial value of the story rather than in the prurient value of whatever happened during the brief time they were alone together.

[lapfog_1]

3. so there was no expectation of money for NDA

at the time of the affair. leaving aside the actual sex acts or lack of sex.

The Donald didn't offer the NDA until years later.

I am sure that at the time of the affair, Ms. Daniels expected to "get something" out of her night with him (guest shot on the Apprentice, etc). Not sure even if Trump offered her that or to entertain the idea of casting her for the show that this would have risen to the level of sex for money or something of tangible value.

That said, I suspect there are MANY such women that Donald directly paid cash for to sleep with him, just not this time.

[CincyDem]

5. I'm not sure the Charlie Sheen defense exists.

He's quoted as saying "I don't pay people for sex, I pay them to leave immediately". This feels like the same thing.

I think, however, Ms. Clifford has been consistent and clear that this was a consensual activity. There may have been an "ewwww" factor for her, I don't think she's ever implied that he paid her (at least not for the sexy time part of their relationship).

I think Karen McDougal said the same thing - there wasn't any money involved in the main event.

[jberryhill]

6. This question is asked every couple of days here

Honestly, one may find that reading DU, instead of merely posting to it, is a fine way to pick up things along the way.

Short answer: No, this is not prostitution.

Longer answer: As unblock noted above, prostitution is about what is the intent at the outset.

You might as well ask "How is it legal to have sex for money, simply because there is a camera in the room and it is called 'adult entertainment'?"

A few years back, someone actually tried that - You would write your "porn script" and pay to produce a porn movie in which the people you paid would provide a camera and a partner.

If everyone who had sex with someone in the hopes that they would "get something" out of it, then a whole lot of people would have to be locked up. However, there is no way on this planet that paying someone for an NDA eleven years after the fact is going to be probative of any intent in having engaged in lewd acts (the relevant term under California law).

[OldEurope]

7. To be fair:

He paid years after the incident and only because of his campaign. The story would've been totally boring if he were not president. She was not paid for the sex but for beeing quiet about it. I would not call that prostitution.

Is prostitution forbidden in every state of the USA? Here in Germany it would not be against the law to pay a woman for sex. Or a man.

[Odoreida]

8. Of course it's legal, but ...

The real question is whether it can be a legally enforceable contract.