Prostitution and Pandering

There are arguments that consensual prostitution should be viewed as a victimless crime. The Liu Law Firm understands that individuals have needs and that society has perpetuated an ill begotten view of certain practices that many turn to when their livelihoods are on the line. Long Z. Liu not only represents, but understands and sympathizes with prostitutes. He is aware of the hardships they face and the lack of justice they are often accorded. When facing charges of prostitution, having an attorney is a necessity. Having an attorney that understands, however, is without compare.

The Crimes Defined:

• Solicitation: The act of directing or asking someone to exchange money for sexual activity
• Prostitution: The act of exchanging money for sexual activity
• Pandering (or Pimping): Includes recruiting prostitutes for hire or soliciting customers
  for a prostitute
• Loitering: The act of lingering on a public property without a legal purpose. Loitering
  for the purpose of soliciting prostitution is a more serious crime and carries an
  enhanced penalty.

Was I, or Someone I Know Arrested Unlawfully?

There are numerous strategies employed by law enforcement to entrap prostitutes. While generally legal when carried out ethically, tactics such as coercion should never be tolerated under a system that promotes justice.

• Sting Operations: Police officers disguise themselves as prostitutes and attempt to get drivers to agree to exchange money for sex
• Raids on Massage Parlors, Escort Services, and Other Establishments: Officers disguise themselves as customers and solicit sex from massage parlors and escorts. The police will then raid the massage parlor and arrest the masseuse for prostitution and the owner of the parlor for pandering.
• Web Site Stings: Ads for masseuses and escorts are targeted constantly by police agencies. Use the “Erotic Services” sections on web sites such as Craigslist at your own risk.

Defenses

In order to successfully obtain a prostitution conviction, the Prosecutor must prove one of
the following:

• Solicitation of prostitution
• Agreeing to engage in the act of prostitution
• Actual engagement in the act of prostitution

The strength of the Prosecution’s case will ultimately depend on the evidence they are able to procure. An experienced defense attorney can analyze the evidence and witnesses to determine the best defense strategy for each individual case.

Penalties

The penalties for the listed sexual offenses include any of the following:

• Jail
• Probation
• Fines
• AIDS testing and court- enforced counseling
• Physical Labor (through Cal Trans) and/or Community Service

In addition, social stigma, humiliation, embarrassment, shame, and loss of employment may result from being charged and convicted of a sex crime. The penalties are stiff and repeat offenders are subject to increasingly stringent punishment. As such, it is important to have a confident, capable, experienced attorney to minimize the impact of the criminal charges or negotiate dismissal of the case. Contact us for a free consultation.

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Rape

The Crimes Defined:

• Rape: Sexual penetration without consent.
• Statutory Rape: Engaging in a sexual act with a minor under the legal age of 18. It does not matter whether the sex was consensual.
  • Sexual contact while under the age of 18 is not legal. Depending on the age of the parties involved and whether or not there are repeat violations involved, a case would either go to juvenile court or, under certain situations a juvenile court judge may recommend the case be moved to adult court. If the violation is under 261.5, it is a misdemeanor offense.
• Date Rape: a forcible sexual act, between people that know each other, during a party or other social event. It doesn’t matter if the parties are friends. Drugging another person’s drink or getting them intoxicated prevents them from consenting, which means any sexual activity is date rape.
• Spousal Rape: rape between spouses. Marriage is not a defense to rape.

Charges and Punishments

Most rape charges are brought as felonies, though some are brought as misdemeanors. Punishment can include jail time, counseling, probation, parole, community service, and, most importantly, registration as a sex offender. This is a conviction that will truly follow you for life. You will be required to register everywhere you move. Your sex crime record remains at least partially public, with everyone from your neighbors to future employers having access to your photo and sex crime convictions. If you are innocent, an attorney is an invaluable resource at your disposal to help assure your life is not forever plagued by the results of a rape conviction.

Defenses

Sexual assaults are frequently prosecuted, even if the evidence is weak. Defenses to sexual assault include consent, insufficient evidence, and mistaken identity. Because of the severe and lasting nature of the punishments, you should consult an attorney immediately if you have been accused of being involved in a sexual assault offense. Contact us for a free consultation.

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