Prostitution is a complex crime to defend and prosecute, as it is not always a victimless offense. Many sex workers are victims of human trafficking or other types of coercion, which makes it difficult for the accused to defend themselves and avoid criminal convictions. In many cases, the penalties for first-time prostitution charges are negligible. They are unlikely to get jail time or even a substantial fine.

However, someone who is arrested for prostitution could still have a hard time finding a job and maintaining close relationships due to the stigma. Luckily, a DeKalb County prostitution lawyer could help you understand all of the potential consequences and help develop a strategy to mitigate them. One of our experienced criminal defense attorneys could also protect your rights throughout the entire legal process.

What Is Prostitution?

Generally, prostitution involves trading money for sexual conduct and does not require contact in order to qualify. It can be challenging to determine what acts constitute prostitution, especially because it is legal to trade certain types of sexually oriented behavior for money.

For example, selling pornography is legal, as is operating and performing in strip clubs. A DeKalb County attorney could tell you that contact needs to be more explicit than stripping or personal than pornography to meet the definition of prostitution.

What Constitutes a Prostitution Charge?

The exchange of money is a critical part of a prostitution charge. If there is no explicit or implicit agreement to pay for the sex act, then there is no prostitution agreement. It can be difficult for a DeKalb County lawyer to defend someone against evidence showing they explicitly agreed to exchange sex for money. However, while a person can be charged based on an implicit promise, it is more difficult to convict them based on that promise alone.

Solicitation

There are two offenses related to prostitution: solicitation and pandering. Solicitation occurs when a sex worker looks for clients or when a client looks for a sex worker, and they seek to exchange sex for money. Stings that target sex workers or potential clients often result in solicitation charges, since the sting will stop before the parties exchange sex for money.

Pandering

Pandering occurs when a third party facilitates the exchange of sex for money. Pimps and madams engage in pandering. However, pimps may go beyond pandering. To be subject to a pandering charge, all a pimp has to do is act like a manager and facilitate a connection between the worker and the client.

The reality of pimps is that they are usually not just managers. They often take an unfair share of someone’s profits, use violence to control and intimidate sex workers, and even engage in behavior that might be human trafficking. In those instances, they may face substantial potential punishments.

The Relationship Between Human Trafficking and Punishment

When a sex worker does not have the freedom to decline clients or quit being a sex worker, it could be human trafficking. Consent is a critical element of actual prostitution. When a sex worker is unable to decline or consent to a transaction, they could be a victim of human trafficking. Trafficking is a potential defense to prostitution charges.

In addition, underage sex workers cannot consent to sexual contact. This is true regardless of whether the customer knew the sex worker was underage. In addition to prostitution charges, a client who solicits an underage sex worker may face charges for child abuse, human trafficking, and more.

If a sex worker is compelled against their will to engage in sex work, the state offers help and resources. A prostitution attorney could not only provide a defense but also help people in DeKalb County get access to those resources.

Reach Out to a Prostitution Attorney in DeKalb County

Prostitution charges range from misdemeanors to potentially life-devastating charges. When those involved include a customer and a consenting adult sex worker, the penalties for a first offense are low.