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Originally Posted by MASTODON
I can't know for sure what he's saying but in his examples on the other thread it seems the act of making an offer or the act of accepting or agreeing are most likely verbal or written.
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True.
Quote:
Originally Posted by MASTODON
It sounds like he's saying even if you both go mute but exchange a fee for services you're still on the hook. For instance getting down and then giving cash without actually discussing the transaction. Now how they could prove that's what you are paying for if not expressly said seems impossible.
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If what you're saying is true, it would be impossible for the state to prove a criminal case based on circumstantial evidence. However, the state obtains convictions based on circumstantial evidence all the time. Considering your example, if the state presented evidence that the H paid money to the P, then the H and P had sex, the jury could reasonably infer that the P had sex with the H in exchange for the payment of the fee.
As for your comment that I'm saying an H under such circumstances would be "on the hook," that's NOT what I'm saying. I'm saying that, under such circumstances, it's a possibility an H could be charged with the offense of prostitution. But, in my experience, cases of prostitution being inferred from the nonverbal conduct of the parties alone are rare.