Juanito Espinosa fronts court for unprotected sex at a brothel

Staff at a Melbourne brothel called police after a man who didn’t alert a sex worker that his condom had come off during intercourse attempted to leave when confronted.

Juanito Espinosa leaves the County Court after being sentenced to a community corrections order for procuring a sexual act by fraud.

A Melbourne man put a sex worker’s health at risk after he failed to tell her his condom had fallen off, forcing staff at the brothel to prevent him from leaving until police arrived.

Juanito Espinosa was sentenced to a two-year community corrections order on a charge of procuring a sexual act by fraud when he fronted the County Court on Tuesday.

The 47-year-old forklift driver’s condom came off during intercourse but he didn’t tell the sex worker, the court heard.

Judge Martine Marich said Espinosa went to a brothel in west Melbourne about 11pm on December 15, 2021 and paid $120 for a 30-minute session.

The brothel had signs “no condom, no sex” and the sex worker he went in the room with insisted that he wear one.

During intercourse, Judge Marich said Espinosa became aware that the condom had come off but he didn’t inform the sex worker who confronted him after the act.

Juanito Espinosa didn't tell a sex worker at a brothel that his condom had come off.

She then informed her manager who told Espinosa to either apologise to the sex worker and give her an additional $30 for a morning after pill, or she would call police.

Espinosa told the manager to call the police, who he said wouldn’t do anything. He became agitated and decided to pay $30 but the manager wouldn’t accept the money.

He attempted to leave but the sex worker stood on the doorway and said he was not leaving until the police arrived.

Espinosa told police that he had been to the brothel many times and denied there was a rule that condoms must be worn.

He accepted the sex worker put a condom on him and claimed it was a bit loose.

Judge Marich said Espinosa’s actions exposed the sex worker to risks of infection and pregnancy and she had to have a Hepatitis B vaccine.

She couldn’t return to work immediately and had no extra money to buy her children presents, the judge said.

“This is serious offending involving a complainant who is engaged in sex work as a profession and deserves both professional and personal respect.

“Your criminality lay in you continuing to engage in intercourse after you became aware that you were no longer wearing a condom.”

“She would not have agreed to continue with the sex act had she been made aware of the true circumstances. She was vulnerable.

“You exposed her to unprotected ejaculation and as a result, she understandably experienced trauma and risks to her health, financial loss and necessity to engage in a painful process of vaccination.”