Just talk, not prostitution, defense for St. Charles massage biz says
Because an undercover agent stopped a woman from performing a sexual act on him, and because he never gave her money for it, no prostitution took place at the Main Spa massage business, an attorney for the business said Monday.
"What we are left with is just a conversation. That's not prostitution. Not in any court. It just does not cut it," Peter Lee told the St. Charles Liquor Commission at a hearing about whether the business should be fined or have its massage license suspended or revoked. The commission advises the city council and mayor about licensing for liquor, tobacco and massage businesses.
Ok Kim, 62, of Chicago was charged with prostitution March 15. She is due in Kane County court Thursday.
Kim testified, through an interpreter, that she asked the agent - a civilian police worker - to disrobe and lie down. She denied negotiating a price to perform sexual acts and said he grabbed her hand and touched it to his private parts. She said she did not remember if she asked him to turn on to his back, nor telling a detective after her arrest the prices for performing sex acts.
She also said she asked the agent if he had been there before, and he told her not for a while. She admitted to being arrested in Chicago on a charge of prostitution but said she was found not guilty.
The agent said he rang a doorbell to be admitted and Kim was the only person there. He paid her $80 for a massage. She rubbed his shoulders, he said, then his buttocks, "vigorously" sliding a hand "extremely close" to his private parts. Kim told him to turn over, then massaged his upper inner thigh and asked if he wanted his private area massaged. He said she spoke English.
He asked if she would perform oral sex, and she asked if he had a condom, using a code word, he said. She also asked how much money he had and told him it would be $60 for hand stimulation and $100 for oral sex, he said.
The officer left and notified detectives nearby, who then arrested Kim.
A detective testified Kim spoke and understood English. She was able to tell them that she wanted to change her shoes, fill her dog's water bowl and get her cellphone before they took her to the police station. He showed a DVD of an interview at the station, during which she answered questions in English and admitted giving a price for a sex act, the detective said. It also appeared Kim was living at the business, he said.
Mayor Ray Rogina, the city's liquor commissioner, has until May 2 to rule.
Two other massage businesses were checked that day. At one, a woman was charged with practicing massage without a state license. The owners pleaded guilty, the license was revoked, and it was fined $500 plus city costs. At the other, a woman was charged with prostitution. That business has closed, and its license was revoked.