Prostitute Arrested After She Contacted Law Enforcement in a State of Duress

[Midwesternmaple]

Howdy there! I have a question for all of the lawyer-hobbyists on this board, regarding legislation/policy.

Background

Recent, fairly high-profile court case in Elgin, IL caught my attention. apparently, a man rented a room with a hooker. Payed her for a series of sex acts.

Four days later, she refused to engage in subsequent intercourse. He attempted to strangle her. Law enforcement was contacted.

She was arrested & charged with prostitution. More info on the case can be found here.

I think this case would be a great one to rally around for legislative change. Chicago is really anti-trafficking-gung-ho, and recently granted amnesty from prostitution charges to trafficking victims/minors.

Question

Would it be viable to ask for/organize in support of legislation that grants amnesty from prostitution charges for individuals who contact law enforcement in a state of a duress, or when law enforcement is called in to protect the safety and life of that person?

In other words, form a legal standpoint, is legislation that grants amnesty from criminal charges to someone engaging in a specific criminal activity under certain circumstances possible/passable?

***

I just wanted to check this out with lawyers/etc. before I try to organize around this issue in support of that change. Obviously, decriminalization would make the most sense... but Chicago is very end-demand-happy and anti-prostitution at the moment, and this seems like the most politically viable proposal for the time being.

Thanks for your help!

xoxo

Maple

[ShysterJon]

Maple, you're brand new here, so I'll cut you some slack I wouldn't otherwise.

First, you bumped a thread more than 30 days old without adding any new information on the topic of this thread. That violates our rules here.

Second, you posted a question which has absolutely nothing whatsoever to so with the topic of this thread. That's another violation of the rules.

I suggest you re-post your question in a local forum where you live, such as the coed forum. I also suggest that you read the rules before posting again.

[Chica Chaser]

Posts clipped and moved to proper forum.

[guest043013-2]

Maple,

Now that Chica fixed your technical faux pas, perhaps SJ can further address your question.

I am going to attempt to answer what I think he would say, and forgive me counselor for putting words in your mouth.

In Texas, or at least the Dallas-Fort Worth area, the cops would more likely be interested in getting a dangerous criminal off the streets than prosecuting a petty prostitution case. However, each state, and probably each jurisdiction within a state, may choose to address crimes in anyway they see fit.

From an elected official standpoint - the District Attorney or equivalent for Illinois,do they want to be shown as coming down hard on a prostitute, or on a violent criminal?

I think this thread with posts by SJ can give you an idea of where cops in the DFW area might fall in this case:

http://www.eccie.net/showthread.php?t=451532

Of course, none of us have all of the facts, so the reasons behind decisions may elude us.

I am pasting the article with names removed here.

Choked in motel: KXX BXXXXXXX, 58, of the 200 block of Division Street, Elgin, was charged with a felony count of aggravated battery in the attempted strangulation of a woman, plus two counts of battery and a count of solicitation, all stemming from an incident Sunday, police said. Officers were called to the Quality Inn, 500 Tollgate Road, at 9:30 p.m. on a battery report. According to the victim, identified as MXXXXXXX MXXXXXXXXX, 41, of the 100 block of North Spring Street, Elgin, the two had rented a room at the hotel Thursday, and BXXXXXX had paid her to have sex in excess of 30 times in ensuing days. When she refused to have sex Sunday, police said, BXXXXXXX is accused of grabbing her by the throat and choking her. MXXXXXXXX was charged with prostitution, a misdemeanor. Bail for BXXXXXXXXX was set at $75,000, and he was given a May 16 court date.

[ShysterJon]

The hotlink in the OP’s post is to a story about a fire, but I did manage to find some information about the case in Elgin, Illinois. This letter to the editor from an advocacy group for providers called Sex Workers Outreach Project-Chicago was especially enlightening:

"Elgin police should not have charged woman in hotel battery"

Without more information, it's hard to say why the provider in Elgin was charged with prostitution. I've read five articles about the case and none of them explain the police's reasoning. But I can venture two guesses based on my experiences: Either she refused to cooperate in the investigation of the client or she lied about her connection with him. It's possible that after making the initial report of the assault she got cold feet and didn't want to pursue the case against the client. The cops may have threatened to prosecute her for prostitution if she didn't cooperate and when she refused, they filed the case against her.

The other scenario would be she told a made-up story to the police so as to not incriminate herself as a prostitute. The cops could have seen through her story and charged her, in effect, with the crime of POTP (pissing off the police). (I just finished a case like that.)

Although I hate the police with a passion, I doubt they pursued the case against the girl in Elgin out of sheer spite, or out of over-zealousness. Police are like fisherman. They catch a little fish, then they may use it as bait to catch a bigger fish. (For example, LE may arrest a provider for prostitution, then threaten to jail her unless she gives evidence against her pimp.) So my experience is if a provider makes a report of a violent crime to the police, the police will not pursue a prostitution case against the girl because they want her cooperation in the investigation of the assailant.

Unfortunately, every few months a DFW member provider is kidnapped, raped, or otherwise brutalized. Some of these events are discussed here, but most are not. Some choose to make a report to the police, but most do not.

It's alarming how common these crimes are, and it's disturbing how many providers refuse to make a police report because they're afraid of exposing their profession to LE or maybe people in their personal lives. They may think that making a report won't erase the crime, and that's true. But the difference between jungle law and the rule of law is we look out for others. Sure, self-interest is our primary motivation, and it should be. But part of us should care what happens to others. It's what makes us human and distinguishes us from lower forms of life. That's why I encourage any provider who's victimized by a violent client to go to the police. If she doesn't, she's partially responsible for what happens to the other victim or victims, in my view.

btw, while we're on the topic of providers making reports to the police, I'll point out something not widely know, I think: Under Texas law, a provider or hobbyist may be granted what the criminal justice system calls 'transactional immunity' for giving testimony or other evidence against the other party to the prostitution offense:

TEXAS PENAL CODE SEC. 43.06. ACCOMPLICE WITNESS; TESTIMONY AND IMMUNITY.
(a) A party to an offense under this subchapter [i.e., laws regarding prostitution] may be required to furnish evidence or testify about the offense.
(b) A party to an offense under this subchapter may not be prosecuted for any offense about which he is required to furnish evidence or testify, and the evidence and testimony may not be used against the party in any adjudicatory proceeding except a prosecution for aggravated perjury.
(c) For purposes of this section, "adjudicatory proceeding" means a proceeding before a court or any other agency of government in which the legal rights, powers, duties, or privileges of specified parties are determined.
(d) A conviction under this subchapter may be had upon the uncorroborated testimony of a party to the offense.

See Texas Penal Code § 43.06.

I don't think, as a practical matter, that this law comes up often, but it does come up, usually in the context of providers testifying against whorehouse owners. But you should be aware of this law in case you're naive enough to think your paid sex partner would implicate his- or herself by ratting you out.

[Mr. Bill]

Police Officers are policy enforcers for the corporate state. They and the courts they serve have 2 basic purposes; to obtain and be witness to testimony, and to seize property. Once you open your mouth, you have provided testimony against yourself. By calling the cops and explaining the situation, the woman provided them all the information needed to charge her and the john.


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[TarahsPlace]

Originally Posted by Mr. Bill

Police Officers are policy enforcers for the corporate state. They and the courts they serve have 2 basic purposes; to obtain and be witness to testimony, and to seize property. Once you open your mouth, you have provided testimony against yourself. By calling the cops and explaining the situation, the woman provided them all the information needed to charge her and the john.


.

This is such a serious issue. I read something recently where a provider was attacked, managed to get away, running up to a stranger's door. When the stranger called 911, the provider left and the attacker wasn't far behind. He killed her.

But you're right ... The woman told them all they needed to know to arrest her.

Does anyone know if any of the ladies who survived the Craigslist Killer's attacks were arrested?

Hugs, Tarah xoxo