Most times, you might be walking or standing along the street minding your own business, then you get arrested for being a prostitute. This might be heartbreaking and can confuse you, not knowing what to do. Most women have been jailed just by being accused of involving the act of selling their bodies for money. It’s vital as a woman to understand your rights and the steps you should take when such an accusation comes up. These allegations can tarnish your good name to your family and society and will be very embarrassing if you don’t clear your name and get help from a good attorney. This article will explore what you should do if you are falsely accused of prostitution and the circumstances surrounding it.
Type of Defense against Prostitution
Lack of agreement or Soliciting
Sometimes you may be walking down the road, and a guy pulls over to ask for direction or enquiring about something. If police officers are watching, they might end up believing that you are a prostitute and the guy a prospective buyer, which in reality, nothing of the sort is happening. In these circumstances, the police may catch you on the allegation that you were engaging in prostitution. The guy will also be accused of soliciting you to commit the crime, which is not the case. These cases are on the rise, with police making claims without knowing what your conversation was about. In such a case, you need to involve a lawyer.
Lack of Intent
To be accused or convicted of soliciting or engaging in prostitution, you must have specifically intended to engage in prostitution. The intent of this act is often found when money is exchanged or some other form of exchange, such as drugs. For a police officer to file prostitution charges, they must have evidence of your specific intent. Making a gesture to someone in a car or nodding is not proof enough that your intent was.
No Exchange of Compensation
For prostitution charges to be filed, compensation must be exchanged. If you agree to engage in sexual intercourse or solicit someone for sexual intercourse and there is no compensation agreement, then there will be no charges of prostitution. Having no compensation agreement might be considered a consensual sexual encounter which is legal. However, it’s vital to note that the compensation is not just in money form; any other item exchanged, such as drugs, can act as the result of prostitution.
Lack of Evidence
To be charged with the prostitution charges, the prosecutor must prove that you engaged in solicited or agreed to engage in prostitution beyond a reasonable doubt. If the prosecutor fails to present enough evidence, then the prostitution charges are withdrawn. If they have a recording that is not clear of what you were talking about, then that becomes insufficient evidence. If a policeman posing as someone else asks you to have sex with him for money, and you agree but don’t engage in the sexual act, that also falls under insufficient evidence, and no charges should be made.
Entrapment
Entrapment occurs when a police officer’s overbearing way may lead to a normal person committing an offense. The police officers may pose as customers or prostitutes in trying to catch people who may want to engage in prostitution. If the police force you overbearing to engage in prostitution, you will not be charged as this will be termed entrapment. You must note that for the entrapment defense to be successful, the actions of the police officer should be overbearing. A good example is when the officer approaches you multiple times with the offer of giving you a lot of cash if you engage in a sexual act that can be defined as overbearing. However, if you agreed the first time they offered, you can be charged with prostitution.
The steps to take when you falsely Accused
Take the charges Seriously and Hire a Lawyer
Most people assume that the charges will go away because they are false. It is vital to note that prostitution charges, like any charge, can lead to harsh penalties, even jail time. Be proactive and ensure You must hire a seek a sex crime attorney to defend you and protect your rights.. For better results, ensure that the lawyer is specialized in sex crimes.
Don’t say anything
When you are accused of prostitution, do not engage with the accuser as this might lead to more charges. Anything you say can be used against you in a court of law. This includes your social media posts. It’s important to only speak with your attorney.
Write everything down
You must write down everything you recall happening that happened in the incident. Write your version of everything that happened and the clothing you were wearing. You can also list witnesses and give your lawyer all this evidence.
Bottom Line!
The above is a well-outlined way of how you can defend yourself in case you are falsely accused of prostitution. It’s vital that you keep your emotions in check since anything you say can be used against you in court. Always talk to your lawyer to guide you through the process.