Sex on an airplane has been all over Hollywood movies, where the adventurous main characters are not timid to wander into the airplane bathroom and then shortly exit separately without a peep. In fact, some self-confessed members of the Mile High Club include Richard Branson and Janet Jackson. However, for many normal people, this is but a fantasy and not many are as bold to attempt it. The question remains, is sex on a plane legal?
“The territory in which flight commenced, the territory over which the aircraft passed and the territory in which the flight ended all have jurisdiction over the offence. This means if you board in Canada, fly over U.S.A. and land in Cuba—all those countries could investigate this offence,” said Xavier Cormier-Lassonde, a criminal lawyer in Montreal and previously a crown prosecutor in Quebec Court.
Another important factor to observe is if the act would outrage public decency. “In Canada, it would be considered an indecent act if the sexual intercourse takes place in the presence of somebody else (other than the two participants). This means if you do the sexual act on your seat, you are guilty, even if you try to hide with a blanket, because you are surrounded by people. You are in the presence of people,” said Cormier-Lassonde.
Transport law does not mention anything to govern sex on public transport, nor in the Civil Aviation Authority, but other measures could be taken by airlines if the sexual act is seen as offensive such as banning the passengers from the airlines or calling the police. Legally, however, the airline cannot fine the passengers for having sexual intercourse in the airplane bathroom.
“If this sexual intercourse happens in the bathroom, with closed doors, I do not think this is an indecent act. This is my opinion with regards to section 173 [in the Canadian Criminal Code],” said Cormier-Lassonde.
“I do not see how it can be disrespectful as long as you don’t let anyone on the plane realize what it is you’re doing by being too loud or making it obvious. If nobody is aware, it cannot be disrespectful,” said Ashley Valentini-Baller, studying environmental studies.
Lucas Gaudio, studying political science, said he would happily join the Mile High Club. “Sure I would try it; I think I would get a thrill out of the fact that it is semi-public, adventurous and it would turn me on. If my girlfriend was for it, I would be for it.”
Alex Therrien, a political science major, disagreed. “I would not do it, it’s disrespectful in a way and it is just not for me.” Ali Palardy, a history major, said, “No way, I could probably just wait until we landed.” Marketing student Natasha Zadravec brought up the space issue for her. “It is such a small confined space. I wouldn’t be comfortable doing anything in there and get bruises later,” she said.
Although the Mile High Club is not an actual club, and does not have a formal list of members, it does however have a website. According to this website, the term Mile High Club refers to when two individuals engage in sexual intercourse at an altitude of no less than 5,280 feet. This website promises to “spare the embarrassment for those who aren’t quite daring enough to make their way back to the lav (lavatory) on a red-eye or transatlantic flight” by “offering couples the chance to climb aboard a custom-outfitted aircraft for their aerial pleasures.”
Reminiscent of an american fraternity site, this website includes a list of the club’s “founding fathers” along with black and white photos and a tacky description of their sexual flight adventures, guidelines of how to make the perfect sneaky escape to the bathroom without getting caught, and links to private jet flights made specifically for those with a fetish for aerial love-making.
One Mile High Club Chicago 20-passenger airliner even comes with a built-in bed and offers complimentary cheese and crackers and even a chilled bottle of champagne. The cost for this exclusive “sightseeing” flight goes for a jaw-dropping $999.99/hour!
This is the end of the mile-high journey, and I hope you have more insight on what the actual concept entails. Although you may not always get into legal trouble for sex on a plane, please be respectful and responsible. When the seat belt sign is on, go back to your seat. Turbulence will not make an aerial sexual experience sexier-—it can cause injuries!
