Sexual Conduct for a Fee (Prostitution)
A conviction for sexual conduct for a fee carries the possibility of a jail sentence.Elements of Sexual Conduct for a Fee
In order to convict the defendant of sexual conduct for a fee, the Commonwealth must prove beyond a reasonable doubt that:
- The defendant either offered to engage, or agreed to engage, or actually engaged, in sexual conduct with somebody else; and
- The sexual conduct was done, or going to be done, in exchange for a fee.
Sexual conduct includes vaginal intercourse, anal intercourse, oral intercourse, masturbation of another person, or any other intrusion of a part of one’s body or some other object into the genital or anal opening of another person’s body.
Sexual conduct for a fee can be charged against the alleged prostitutes and their alleged customers. The jail sentences for the customers are more severe than those for the prostitutes.Common Defenses and Defense Strategies
- Police officers usually know the local prostitutes. Upon witnessing the prostitutes waving at passing cars, the officers will often immediately arrest the prostitutes. An argument can be made that waving at cars is an innocent activity.
- Motions to Suppress can often be filed in these cases. The police are not necessarily entitled to stop a car because they see a man pick up a known prostitute on the side of the road. Many times, upon stopping the car, the police will obtain incriminating statements from both the prostitute and her customer. However, the other participant will almost never testify at trial and his or her statement constitutes inadmissible hearsay. If the stop of the motor vehicle was unconstitutional, your statement to the police will likely be suppressed as “fruit of the poisonous tree” and the Commonwealth may be left with no evidence.
- While a conviction for prostitution carries potentially serious consequences, it is a relatively minor crime. Prosecutors can sometimes be convinced to dismiss these cases upon the payment of court costs. Attorney Spring will aggressively seek to convince prosecutors that dismissal of these charges is appropriate in your case.
Given the serious consequences that can result from a conviction for sexual conduct for a fee, you should hire an aggressive criminal defense attorney who has experience in litigating these types of cases. Attorney Chris Spring prosecuted these cases earlier in his career when he served as an assistant district attorney and since becoming a defense attorney, he has successfully defended hundreds of individuals charged with sexual conduct for a fee. Having tried more than 150 cases before Massachusetts juries in both district and superior court, Attorney Spring has the necessary experience to guide you through the criminal justice system and present your side of the story to a jury.
It is always dangerous to speak to the police before first consulting with a criminal defense attorney. While you may believe that you are not providing the police with harmful information, your statement could end up incriminating you at trial. Contact Attorney Spring immediately to schedule a free consultation at your home if the police are trying to speak to you.