New York Prostitution Forms Demand Certainty for Convictions
Trained law enforcement personnel are supposed to be able to discern between
casual encounters on city streets and repeated activities of solicitation
of prostitution. This task has not been as simple as it seems.
Prostitution goes from tolerated business to local nuisance
New York prostitution laws have evolved over the years to reflect the attitudes
of the times. In the 1800s, prostitutes and brothels were concentrated
in certain areas, and prostitution was a form of vagrancy classified as
a violation under former law.
During the 20th Century, solicitations became more aggressive and brazen,
and vehicle traffic was disrupted in the congested city streets by people
engaging in this activity. New York lawmakers in 1975 decided to crack
down with a new law prohibiting the act of loitering for the purposes of
soliciting prostitution.
Prostitution-Victimless crime or victimized community?
Historical notes of the legislature declared that loitering for the purpose
of prostitution and patronizing prostitutes caused citizens who were present
in public places to be unwilling victims of harassment and to be unwillingly
subjected to assaults on their personal privacy. Loitering to solicit
prostitution was therefore denounced as disruptive to public peace.
Therefore, the new law targeted pimps and prostitutes plying their trade
in a repeated manner, and even had a specific target-Times Square and
its surrounding streets. After the police crackdown on illicit sex in
the area, there were concerns that the new law may trample on constitutional
rights of citizens.
Beckoning or just hanging out?
Individuals charged with prostitution, soliciting prostitution and loitering
for the purpose of engaging in a prostitution offense have often claimed
that the evidence did not add up to a crime and sometimes asked to have
their charges dismissed in the interest of justice.
Guilt of these offenses by law requires repeatedly beckoning or stopping
passers-by or cars for the purpose of prostitution. Several recent cases
illustrate the way individuals are mistakenly thought to be hawking their
wares when they are merely in a certain vicinity, perhaps just talking
to another person.
Fill-in-the blank complaint forms
In
People v. McGinnis and
People v. Barker, the police used a preprinted, check-off type supporting deposition form
in arresting women for loitering for the purpose of engaging in a prostitution
offense. The form has areas to check off different elements of the crime,
such as whether the location was frequented by prostitutes or the suspect
beckoned to people or stopped cars.
The policeman in
McGinnis astonishingly in the words of the court listed in a fill in the blank
section the clothing worn by the defendant as skinny jeans showing the
outline of her legs and platform shoes. In contrast to other cases where
arrestees were scantily clad, such clothing gave no indication of a link
to prostitution. Similarly, in both cases the late-night observation of
the defendant in an area frequented by prostitutes was not evidence of
any crime.
Information must be specific and detailed
In
Barker, the check-the-box form contained too few details about the attire, deportment
or activities of the defendant which would indicate objectively that they
were at the location for the purpose of prostitution. The court cannot
make a leap of faith by accepting an officer’s claim that a
crime was committed when the facts are not there to back it up.
Prostitution-related offenses are a serious matter in New York, and carry
with them long-term consequences for your job or profession. If you or
a loved one is accused of such a crime, an experienced attorney can help
determine if the evidence is sufficient.
