Pre-Sexual Agreement

This is a partial transcript of "The Big Story With John Gibson," December 28, 2005, that has been edited for clarity.

DAVID ASMAN, GUEST HOST: I'm sure you've heard of prenuptial agreements. Now an entertainment lawyer has come up with a pre-sexual agreement designed for celebrities. The person signing has to promise that he or she is over 18, has no sexually transmitted diseases and will never seek money or compensation. It also requires the person to keep the "sexual liaison private and confidential."

Joining us now is the entertainment lawyer behind the document, Ron Skoler. Now, Ron, has anybody actually signed this?


ASMAN: You have had people sign?

SKOLER: Oh, absolutely. Hundreds of people have actually signed this.

ASMAN: Hundreds of people!

SKOLER: I have been practicing entertainment law for about 20 years. And I came up with this concept about two-and-a-half years ago inspired by the Kobe Bryant case. And I first made this available to various clients of mine in the industry.

ASMAN: But is it really going to keep people safe who want to sign it? I look at this, I'm over the age of 18 years. If somebody sleeps with a 16-year-old, having signed this agreement is not going to keep him or her from getting arrested, right?

SKOLER: This wouldn't have helped the allegations in the R. Kelly case for example, that's true.

ASMAN: It's still rape. It's still statutory rape.

SKOLER: Yes, of course. But, you know, when people engage in sexual activity, they speak in terms of, they use the term protection. This is a different form of protection. And it's better to have this than not to have this.

ASMAN: Ron, you know what a lot of folks are thinking out there, they are thinking you are just lowering the bar of morality one notch further.

SKOLER: You give me too much credit. I'm not lowering the bar of morality. What I'm trying to do is protect targeted individuals who are celebrities with money, who oftentimes are away from home, be they sports figures, be they rock stars, rap stars, actors, actresses, whatever.

ASMAN: But this codifies casual sex, what you are doing.

SKOLER: Well I think it's simply adding a layer of protection for individuals who need that.

ASMAN: Who need that? Who need having some casual sex?

SKOLER: Who after engaging in casual sex need protection, I'll put it that way.

You know, granted, this is not a romantic concept. But there is nothing romantic about a trial or a lawsuit either.

ASMAN: But what about individual responsibility? I mean, if you are so anxious to have casual sex, you have got to accept the consequences, right?

SKOLER: You accept the consequences, but the question is what are the consequences going to be? If two individuals who are above the age of consent agree to engage in sexual activity and after the fact one of them changes their mind, there should be some protection.

ASMAN: But I'm curious about one thing, for example. You say it goes on both sides, these agreements. It guarantees that the person signing this does not have a sexually transmitted disease. If they, in fact, are lying and do have a sexually transmitted disease, would your personality be able to sue them for fraud?

SKOLER: Well, I ...

ASMAN: Can you imagine a judge accepting that case?

SKOLER: Absolutely. Yes. Because there have been cases dealing with those who have transmitted sexually transmitted diseases to others innocently.

ASMAN: So we might have a celebrity blaming a groupie for passing on a sexual transmitted disease.

SKOLER: Whether or not they would want this type of publicity is another issue. But could it happen? Absolutely. And these contracts would be enforced, I believe.

ASMAN: Well, it's an interesting new world we are in, isn't it?

SKOLER: It is, indeed. Unfortunate, but it's necessary.

ASMAN: We've got to leave it at that. Thanks very much for coming in, appreciate it.

SKOLER: My pleasure.

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