Introduction:

Solicitation of prostitution is a serious criminal offense that can result in fines, imprisonment, and a permanent criminal record. However, individuals facing such charges have several legal defense strategies that can help protect their rights and potentially avoid a conviction. Below are some of the most common and proven defense strategies for fighting solicitation of prostitution charges.

1. Challenging the Evidence

A key defense strategy in any criminal case is challenging the prosecution’s evidence. In solicitation cases, the prosecution must prove beyond a reasonable doubt that the defendant solicited or attempted to solicit prostitution. If the evidence against the defendant is weak, unclear, or based on unreliable sources, the defense can argue that the prosecution has failed to meet its burden of proof.

• Example: If there is no physical evidence (e.g., no recorded conversation, no exchanged money, or no witnesses) proving that the defendant actually solicited prostitution, the defense can argue that the charge should be dropped or dismissed.

2. Lack of Intent to Commit the Crime

For a defendant to be convicted of solicitation of prostitution, there must be clear evidence that they had the intent to engage in prostitution. A common defense is that the defendant did not intend to engage in any illegal activity, but rather was involved in an innocent or misunderstood interaction.

• Example: The defendant may claim they were simply engaging in casual conversation or joking, without any intention of offering or accepting sexual services for money. If intent is not proven, the case may not be able to stand.

3. Entrapment Defense

When police coerce someone into committing a crime they otherwise would not have, this is known as entrapment. If the defendant can prove that they were coerced, manipulated, or pressured into soliciting prostitution by law enforcement officers, they may have a valid entrapment defense.

• Example: An undercover officer posing as a prostitute or client who aggressively convinces the defendant to engage in illegal behavior could lead to a successful entrapment defense.

4. Mistake of Fact

In some cases, defendants may argue that they were mistaken about the facts of the situation and therefore did not understand they were engaging in illegal activity. 

Example: The defendant may have believed they were making a legitimate business transaction or booking an escort for non-sexual services, and only later learned that it involved illegal prostitution activities.

5. Lack of Knowledge of Prostitution

A common defense is that the defendant did not know that they were engaging in a solicitation of prostitution. If the defendant can demonstrate that they did not understand that their actions involved prostitution, they may argue that they should not be held criminally liable.

• Example: The defendant might argue that they did not realize the interaction or offer involved a sex-for-money transaction, particularly in cases where the solicitation was vague or unclear.

6. No Actual Transaction Occurred

In some cases, while a person may have made an offer or suggestion that could be interpreted as solicitation, no actual exchange of money or services took place. The defense could argue that since no tangible transaction occurred, the charge of solicitation should not apply.

• Example: If the defendant only discussed or asked about the possibility of prostitution, but no agreement or payment for services was made, the defense can argue that no crime was committed.

7. Constitutional Violations in the Investigation

Another proven defense strategy is to challenge the actions of law enforcement officers during the investigation. If the police violated the defendant's constitutional rights (e.g., illegal search and seizure, invasion of privacy, or improper surveillance), the defense can argue that any evidence gathered as a result of these violations should be excluded from the case.

• Example: If the defendant’s conversations were recorded or monitored without a valid warrant or probable cause, the defense could argue that the evidence is inadmissible in court.

8. Vagueness or Ambiguity of the Law

Some defense attorneys challenge the actual language of the statute under which the defendant is charged, arguing that the law is too vague or broad, leading to confusion about what constitutes a crime. If a law is unclear, it can violate the principle of due process, and the defense may argue for a dismissal on these grounds.

• Example: If the law does not clearly define what actions or words specifically constitute "soliciting prostitution," the defendant may argue that the charge is based on a vague statute that fails to give fair notice of what behavior is prohibited.

9. Credibility of the Accuser

In some cases, the defense may focus on the credibility of the accuser, especially if the accuser is a law enforcement officer or an individual who may have a vested interest in the outcome of the case. Discrepancies or inconsistencies in the accuser’s story may cast doubt on the veracity of their claims.

• Example: If the accuser has a history of dishonesty or has been caught making false statements in the past, the defense may argue that the accuser’s credibility is questionable, leading.

10. Plea Bargaining

In certain cases, individuals may seek to resolve their case through a plea bargain. This could involve pleading guilty to a lesser charge in exchange for a reduced sentence or the dismissal of some charges. Though this is not a defense per se, it is a practical strategy that can help individuals avoid the consequences of a full trial, especially if the evidence against them is strong.

• Example: A defendant may agree to a plea deal that involves pleading guilty to a lesser charge, such as disorderly conduct, in exchange for a reduced sentence or a more lenient penalty.

Conclusion

Fighting solicitation of prostitution charges requires a multifaceted approach. Whether through challenging the evidence, proving a lack of intent, demonstrating entrapment, or using one of the other defense strategies outlined above, there are several avenues that can be explored to protect the rights of the accused. Each case is unique, and an experienced criminal defense attorney can help tailor the best defense strategy based on the specific facts and circumstances surrounding the case.