How Defensible Is Your Prostitution Case?
Interviewer: Is going to trial a question that clients commonly ask when they are meeting with you? Do you then advise them whether they would or would not have a chance in a trial?
Paul: Absolutely. I will go through with my client, to the greatest extent they can recall, what was said, what specific words or terms were used, immediately prior to the entry of the backup officers and arrest?
Attorney Cramm Utilizes the Video and Audio Recording of the Undercover Operation When Preparing a Defense for Prostitution-Related Charges
Fortunately, for us, our jurisdiction records all of the sting operations via audio and video, so once I’m in the case and make my request for evidence, I will have the electronic recording of what was said, what was proposed, what was either accepted or declined prior to the time of the arrest.
We will simply need to go through that dialogue with a fine-tooth comb. That will tell us which defenses may be available and may be effective in these types of cases.
Conviction requires and agreement for sexual activity in exchange for money.
In order to be convicted of buying sexual relations, or solicitation of a prostitute, the prosecutor must present evidence that the defendant and the prostitute – or undercover police officer – actually agreed to a specific sexual act for a specific amount of money. I have had cases wherein the undercover officer agrees to ‘a half-hour for $150.00’ and then, AFTER the $150.00 is paid, the undercover officer asks if the defendant wants oral sex. In my opinion, the payment of money was linked ONLY to the amount of time the defendant would spend with the undercover officer. The amount of money was agreed to and the payment was finalized before any discussion of sex occurred. In my opinion, this scenario could be argued effectively as a lawful escort/companionship arrangement. What 2 consenting adults choose to do with the time theyy spend together is their won provate business.
However, where the undercover officer links the amount of money to specific sexual activity – say $150 for oral sex, and $250 for intercourse – now the parties are discussing sex in exchange for money. That would be a very difficult case to ‘win.’
Call today for free consultation to discuss your case: (913) 322-3265. I represent clients accused of prostitution throughout the Kansas City Metro area including the municipalities of Johnson County, Kansas: De Soto, Gardner, Leawood, Lenexa, Merriam, Mission, Olathe, Overland Park, Prairie Village and Shawnee.
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