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While many sex crimes require a victim, prostitution is a sex crime that may not have a victim. Prostitution involves paying for sexual contact, and anyone involved can be charged with a prostitution-related offense. The sex worker can be charged for offering or providing services, while the client can be charged for hiring services. The facilitator — often known as a pimp or madam — can be charged with brokering the deal.
In addition to criminal consequences, a prostitution charge can have a massive impact on a person’s life, as it could tremendously affect their reputation, employment, marriage, and role in the community. Accusations alone can have a negative, lasting impact, regardless of whether someone is convicted. The criminal penalties for a first-time prostitution offense are often manageable. An Atlanta prostitution lawyer may be able to get ahead of those charges and help mitigate the criminal consequences and the damage to the rest of your life. Call today to set up an appointment with a dedicated criminal defense attorney.
Prostitution involves trading sexual conduct for money. However, it is only some sexual conduct. For example, strip clubs are legal, and strippers undoubtedly provide sexual conduct for money. Likewise, purchasing pornography with adult actors is generally legal, which is again exchanging sexual conduct for money.
The line can seem blurry. Prostitution is not simply people walking the street and exchanging services with people. Sex workers and their brokers may advertise services online, in newspapers or other print advertisements, and through other methods. The offer to exchange money can be implicit or explicit, as long as both parties understand that there is an exchange.
Solicitation and pandering are also prostitution-related offenses. Solicitation is when a person seeks out the exchange of sexual conduct for money. Pandering is when someone acts as a third-party facilitator in a sex-for-money exchange.
Generally, the penalties for prostitution are relatively low. First-time offenders will usually get probation, while multiple offenders may serve prison time. Traditionally, the punishments have been harsher for sex workers and their brokers than for their clients. This was not only the result of bias, but also due to the fact that sex workers often had a more extended criminal history than their clients. There has been a culture shift that focuses on the role of the client, which can mean a greater likelihood of severe penalties. A prostitution attorney could help people understand how the Atlanta courts are likely to treat their charges.
For many years, people viewed prostitution as a victimless crime. Presumably, the sex worker and the client both consent to the transaction. The involvement of money may offend some people’s morals, but it should not be criminal behavior. In recent years, people have begun to understand the role of human trafficking in sex work. Many sex workers are victims, required to engage in this work or face severe consequences. Additionally, underage sex workers are always victims since they are legally unable to consent to sexual contact.
For clients, these realizations can impact their charges. A client may have no way of knowing whether or not a sex worker is freely engaging in their role or if a third party is compelling them. Related charges, such as child molestation, often have much more severe consequences than the prostitution charge.
For sex workers, human trafficking may offer a defense for solicitation and prostitution charges. If a sex worker can demonstrate that a third party compelled their actions, it can be an effective defense against prostitution charges. Additionally, the state offers resources to help victims escape human trafficking. An Atlanta lawyer may be able to help those accused of prostitution access those resources.
Prostitution is a broad label that applies to a whole range of behaviors. It can describe completely consensual sex between adults, where the only thing illegal is the exchange of money. It can also describe human trafficking for the sex trade. Morally, those are clearly very different issues, but the law often treats them the same way. An Atlanta prostitution lawyer can investigate the factual scenario and determine the best approach for your defense. Schedule a consultation to learn more.