Welcome to the fourth and final installment of Appelman Law Firm’s “Prostitution in Minnesota” blog series. So far we’ve covered definitions, procedures, and consequences of prostitution offenses in Minnesota. In this segment, we will outline the possible avenues for defending a prostitution charge.
There are three primary options for defending a prostitution charge in the state of Minnesota:
1. Entrapment Defense occurs when a government official (such as a police officer) entices a person to commit a crime that they otherwise would not commit. Proving entrapment is often difficult in these cases because offenders actively seek out prostitutes without knowing that they are undercover police officers. Thus, it is easy for the prosecution to argue the offender’s act of prostitution was premeditated, not forced.
2. Due Process Defense is a viable option when, during the course of a prostitution arrest, a government official displays outrageous conduct such as to make the continuation of the case unconstitutional. For example, if a police officer involved in a prostitution sting is caught engaging in sexual contact during said sting, the due process of law is violated. A judge will be left to determine whether the state acted in conduct that violated the due process rights of the accused.
3. Lack of Probable Cause Defense may be used when a prostitution patron is arrested prior to an agreement to engage in prostitution. An officer must have probable cause to arrest someone for prostitution. This means an explicit offer to engage in sexual contact for hire must be reached and documented. If the prosecution cannot prove that such an agreement occurred, the defendant can use this defense. It will be left up to a judge to determine whether the state has a reasonable belief based on all facts and circumstances that the defendant has committed the act of prostitution. This also requires in-court testimony by the defendant.
Prostitution is often an embarrassing charge that most offenders wish to keep under wraps. The prosecution knows this and will use it to their advantage when negotiating a plea. Thus, it is essential to have a knowledgeable attorney to help you through the complex legal proceedings.
The best possible defense against a prostitution charge is to not engage in prostitution. If you or someone you know is addicted to prostitution, the best course of action is to seek help. The following is a list of several prostitution recovery programs: Minnesota Recovery, Sexual Recovery Institute, Recovery Connection.
We hope you’ve enjoyed this series on “Prostitution in Minnesota.” Stay tuned for more informative blogs on criminal defense in Minnesota from Appelman Law Firm.
