Are you seeking legal defence for your solicitation of prostitution case?
At the Law offices of R. Kent Haryett & Company, we know that many circumstances that are out of your control can lead to an arrest on prostitution and solicitation. Just because you have been arrested and charged with offenses that revolve around solicitation and prostitution, does not mean that you are a criminal or that you will have to have the charges on your record.
The laws revolving around solicitation and prostitution are relatively loose and are up for interpretation. If you or someone you know has been arrested and charged with a prostitution or solicitation offense, the prostitution charge defence team at Haryett and Co. know the letter of the law and will aggressively work on your behalf to refute the police’s charges and the prosecution’s case.
Is paying for sex against the law?
“Prostitution” is not a crime in Canada. That is, trading money for sexual services is not a criminal offense in Canada. However, many of the activities that are typically associated with prostitution are considered criminal offences. While generally it is not an indictable criminal offense to buy sexual favours, arrange to buy sexual favours or communicate for those purposes, if these acts or communications are done or attempted in public places it is considered a criminal offence.
Although it is true that prostitution is not considered a criminal act in Canada, there are many other laws that make many of the activities that are associated with prostitution illegal.
For instance, because engaging in sexual acts in a public place is an offence that falls under the “indecent act” provisions of the criminal code, engaging in an act of prostitution even in the ‘privacy’ of your own car can result in a criminal charge, if caught.
Clearly, the act of prostitution must take place somewhere. Remember, the exchange of sex for money is not criminal in itself. However, when the act of prostitution occurs in a location that is used regularly or habitually for the purposes of prostitution, the location is deemed a “common bawdy-house.” It is illegal to run a common bawdy-house, to be caught in one without a lawful excuse, to work in one, or to allow one to be operated in a place or premise which you have control over. Just to offer to take someone to a common bawdy-house is punishable by law
There are also statutes in the criminal code that deal with the other ‘business aspects’ of prostitution. ‘Pimping’ is the activity characterized as ‘living on the avails of prostitution’ and is punishable with a jail term of up to fourteen years. Other statutes in the criminal code make it criminal to induce, persuade, or force someone into prostitution both in and out of Canada.
Another criminal offense that revolves around prostitution is buying sexual favours from or communicating about buying sexual favours from someone under 18 years of age. This is an indictable criminal offence that carries with it a minimum term of six-months in jail.
What is solicitation for prostitution?
The Soliciting Law (article 213 of the Canadian Criminal Code) defines soliciting this way: ‘To communicate with another person, in a public place, with the objective of practicing prostitution.”
This means that, under Canadian criminal code, it is against the law to solicit a client by offering sexual services. To accuse a sex worker of solicitation, the police have to prove that it is the sex worker who solicited the client.
Contact a lawyer who aggressively defends your prostitution & solicitation charges.
If you or someone you know has been charged with engaging in prostitution in a public place or solicitation of prostitution, there could be penalties that negatively affect your life for years in the future. Being charged with solicitation or prostitution could mean fines, jail time, mandatory counselling, forfeiture of your vehicle and being reported on national sex-crimes registries. Contact the prostitution and solicitation defence team at Haryett & Co. to take control of your unfortunate situation.