Common Misunderstandings About Prostitution Crimes

1. PROSTITUTION IS A "VICTIMLESS" CRIME

Wrong. Children from broken and dysfunctional families are routinely beaten, raped, and victimized as a means of forcing them into working the streets*. Neighborhoods both residential and commercial, are victimized by curbside sex-acts occurring throughout the day and night. “Johns” (customers) are victimized when the promise of sex is just a trap to set up a robbery which will never be reported because the victim is too ashamed. And lastly, in a recent study, 82% of females reported having been physically assaulted since entering prostitution. 83% had been physically threatened with a weapon. 68% reported having been raped since entering prostitution. 48% had been raped more than five times. The truth is, unregulated, street prostitution is littered with victims in every direction.

2. YOU HAVE TO HAVE SEX TO BE GUILTY

Wrong. In fact, to be guilty of prostitution you need only have agreed to exchange sexual contact for money**. Once the agreement has been made, the crime has been committed, regardless of whether “contact” occurred or not. As such, if a police decoy gets in your car and asks, “What do you want?” Any response even suggesting sexual contact for money will be the basis for an arrest.

3. IT'S NOT A CRIME IF I'M "JUST LOOKING".

Wrong. It’s called Prostitution Procurement Activities***. Slowing down, circling the block, whistling, winking, smiling, even simple eye-contact can be the basis for an arrest if the officer believes such behavior constitutes a substantial step in furtherance of an act of prostitution. Sometimes this is charged as Attempted Prostitution but it also applies to pedestrians who are believed to be beckoning, contacting or attempting to stop other pedestrians or motor vehicle operators. Either way, it takes almost nothing to provide the “probable cause” for the police to make an arrest, especially in a “high-vice” area where prostitution is known to occur.

4. IF I'M CAUGHT, I'LL JUST PAY A FINE

Wrong. If it’s your first offense you will have an opportunity to have your case dismissed in exchange for attending an 8-hour $1,000 class. If it’s not your first offense, a Prostitution conviction will go on your record as a Class A misdemeanor which will not be expungeable for at least three years.

In conclusion, whether you've been arrested for any of the above situations or your case is completely different, you should call me right away. The consulation is free and 100% confidential.

*Chesler, Phyllis. "Sexual Violence Against Women and a Woman's Right to Self-Defense: The Case of Aileen Carol Wuornos." Criminal Practice Law Report Vol. 1 No.9, October 1993
**ORS 167.007
***Portland City Code 14A.40.050 Unlawful Prostitution Procurement Activities

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