Solicitation of prostitution is in principle the demand to one person by another person to carry out a sexual proceeding in exchange for a charge. Nonetheless, a tangible solicitation of prostitution charge typically encompasses a wide set of conditions with harsh penalties as well as punishments than simply the basic charge. A person who has been charged with the solicitation of prostitution crime must understand what the nature of all these different charges are, what the defenses should be, and also all the probable punishments before they decide how to resolve the case.
Solicitation of prostitution does not need a complete act of sexual behavior. The simple agreement and/or offer to carry out a sexual act in exchange for some charges (i.e. money) are enough to sustain the solicitation charge. This furthermore also denotes that both the parties to this solicitation agreement, the person who has offered a sexual service along with the person who has accepted this service, can and will be charged with Solicitation of prostitution charges. This is known to be the most critical type of solicitation charges. Nevertheless, solicitation charges can include a wider kind of conduct as well.
If someone is involved in the discussions described above, he/she might be charged as a ‘party to the offense of solicitation of prostitution’. Numerous people mostly term the third person who is involved as the “Madame” and/or “pimp.” This third party can be anybody, although this aids with the solicitation.
Defenses to Solicitation of Prostitution Charges
For the basic solicitation charges, the defenses are mostly focused on if or not the agreement actually exists. Fundamentally the defense is that two people who were discussing about having some kind of a sexual episode, but the actual act was not carried out in the exchange of some sort of charges. Another argument is to basically state that the actions taken sexually were not for the purposes of solicitation, but were only acts of “flirtation.” This defense argument strives to rebut the intention and charge requirements of the basic solicitation of prostitution charge.
The reasons behind a person offering sexual favors in exchange for money might also amount to a defense. If the person who was involved was required by force and/or threats by someone else, for instance a Madame or pimp, then they may effectively avert the prosecution from creating a case against them that they planned to offer sexual favors in return for charges by proving force inflicted on the defendant by the third party. Other possible counter arguments differ by the state statues; however some states also sometimes specifically cut off some defenses. The very first defense which numerous people point to is how the sexual act was never carried out, only offered. As solicitation is punishable for the simple asking for it, the fact that the sexual favor asked was not carried out is not going to be a practical defense.