For many people, the stigma of a prostitution charge will have more of an impact on their life than the criminal consequences. Although some instances of prostitution are victimless crimes, being known as a person who exchanges sex for money can have negative consequences. It can impact someone’s personal and professional life in many ways.
Of course, not all acts of prostitution are consensual, as many often result from human trafficking. Many sex workers are not voluntary in that position, which can place higher punishments on customers and purveyors. If a sex worker is underage, there are enhancements on a sentence, regardless of whether the customer had actual knowledge of the person’s age. When you face prostitution charges, contact a Doraville prostitution lawyer as soon as possible. Our team of seasoned criminal defense attorneys could create a defense to reduce your charges or penalties.
Defining Prostitution
According to Georgia Code § 16-6-9, prostitution is when an adult—18 years of age or older—offers to buy or sell sex in exchange for money or other items of value. Sex is not limited to intercourse; under the statute, it includes any sexual act.
While the statute seems to prohibit any exchange of sexual behavior for money broadly, it does not actually do so. For example, strip clubs and pornography are both legal, even though they are the exchange of sexual conduct for money. The state must prove that the behavior in question qualifies under the statute. However, it does not have to show an explicit offer of compensation—that can be implied.
In addition to the buying or selling of sex, prostitution crimes also include activities that promote prostitution. Pimping, pandering, and keeping a place for prostitution are all illegal acts. Essentially, suppose a person makes a profit as a direct or indirect result of prostitution. In that case, they may be charged with a prostitution-related offense. If you are charged with prostitution or a related offense, a Doraville attorney could explain the charges along with your options.
Penalties for Prostitution
The criminal penalties for prostitution often seem negligible. First-time sex workers or customers usually get probation. In fact, even multiple offenders will see little or no jail time in most cases. This reflects a change in the state’s approach to prostitution, which used to focus on penalizing sex workers. Now, the state is more likely to take a harsh approach to customers and to those who promote prostitution.
One of the reasons for this change is a growing awareness of the relationship between prostitution and human trafficking. While sex workers may appear to be autonomous to their customers, they are often the victims of human trafficking. They are compelled to engage in sex work through a combination of physical violence, threats, drug addiction, or other coercive methods.
The state cares more about going after the people forcing sex work than those who are freely engaging in an exchange of sex for money. They may be charged with felony-level offenses, including human trafficking offenses or child sexual abuse. When facing those charges, you must seek legal help, as the potential penalties can be hundreds of thousands of dollars in fines and decades in prison.
Human Trafficking as a Defense
When you are a sex worker facing prostitution charges, then human trafficking may be a defense to those charges. A lawyer in Doraville could demonstrate that you were compelled to engage in sex work. We understand that it can be terrifying to assert that defense, but we could also connect you with resources designed to help trafficking victims.
Child Sexual Abuse as a Defense
If you are an underage sex worker, the law automatically assumes that you are not guilty of prostitution. Your age is a defense to the charges and could lead to more significant charges, such as child sexual abuse, against customers or those involved in facilitating those exchanges.
Speak to an Attorney in Doraville About Prostitution Charges and Defenses
Getting charged with prostitution can be a life-altering event. If the arrest is made public, it can change how the people in your life treat you. For sex workers, an arrest can impact their ability to support themselves but can also offer opportunities to escape trafficking or pimping scenarios. Work with a Doraville prostitution lawyer to achieve the best possible result for your case. Schedule a consultation to learn more.