April 9, 2020 | Sex Crimes
There is some confusion about whether escort services fall under the same laws as prostitution in Kentucky. Unfortunately, the term escort is often mistakenly used for a prostitute. However, the terms are not interchangeable.
You can provide escort services without being charged with a crime. A problem arises if you offer sexual favors as part of your escort service. You could then be charged with the crime of prostitution.
Escort Services vs. Prostitution in Kentucky
Prostitution is a sex crime in Kentucky. An individual who offers to engage, agrees to engage, or engages in sexual conduct for a fee can be charged with prostitution. Sexual conduct is intercourse or any other act of sexual gratification involving sex organs.
A prostitute is a term typically used to describe the person who offers to engage in sexual activity for a fee. A customer (the person who pays for the sexual activity) can also face charges of prostitution. Additionally, anyone who profits from the transaction can face a sex crime charge.
Prostitution is a Class B misdemeanor punishable by a fine and/or jail time. Also, individuals convicted of prostitution are subjected to HIV screening.
On the other hand, escorts provide non-sexual services. Escort services may include accompanying someone to an event, providing social company, or caring for a family member. If an escort engages in sexual conduct or offers sexual conduct for a fee, the escort can be charged with prostitution.
Defenses to Prostitution Charges in Kentucky
There are several defenses to prostitution charges that might apply in your case.
Escorts are commonly wrongfully accused of and arrested for prostitution. It is assumed that an escort is providing sexual favors even when the escort is only providing non-sexual companionship or accompanying a person to an event or social engagement.
If you did not intend to engage in sexual activity, you might not be guilty of prostitution. Even if you contacted an escort who then offers sexual activities, you might not be guilty of prostitution if you can prove you thought you were contacting an escort for non-sexual services.
Law enforcement agencies often conduct “stings” to shut down prostitution rings. An undercover police officer may pose as a customer or a prostitute. The undercover officer may coax a person to engage in illegal activities to make an arrest.
However, it is illegal for a police officer to encourage someone to commit a crime. Sting operations must be conducted under strict guidelines to hold up in court. If you are the victim of entrapment, the prostitution charges might not hold up in court.
Lack of Evidence
There must be sufficient evidence to prove that you broke the law for the court to find you guilty. Police officers often arrest individuals with very little evidence of an actual crime. They may rely on gaining a confession or other evidence during questioning.
For this reason, it is important to remain silent after an arrest. The prosecution has the burden to prove that you are guilty of prostitution. Do not willingly give the prosecution evidence to use against you.
What Should You do After a Prostitution Arrest?
A sex crimes attorney can help you if you have been charged with prostitution. A prostitution charge may be a misdemeanor, but it can result in a criminal record that can have serious consequences in the future.
If you are arrested for prostitution, remain calm. An arrest is not a conviction.
Do not give in to the urge to explain what happened or try to argue your way out of an arrest. You do not want to give the police officers additional evidence. The prosecution can use anything you say against you in court.
Exercise your right to remain silent except for providing your name and address. Respectfully tell the police officer you will not answer questions without an attorney present.
Tell the officer that you want to contact a criminal defense attorney or have an attorney appointed for you by the court. Asking an officer if you need an attorney is not the same as asking for an attorney. You must specifically state that you want an attorney before you answer any questions or make any statements.
To learn more, call our Louisville criminal defense law firm at (502) 371-7000 or visit our contact us page to send us an email.