Articles Posted in Sex Crimes

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The jury selection process was dicey. Who among you is open to the idea that the police aren’t telling the truth and the Defendant is? A few hands went up. Most just stared at the Defendant wondering why she was going to trial. Who among you will judge the officers’ testimony just like any other witness? Well, now, this case just might be more interesting than the civil fraud case down the hall. Everybody seemed willing to keep an open mind if the choice is the prostitution trial or listening to a series of bad checks being reviewed.

So twelve citizens who couldn’t think of a good enough reason not to be there were sworn in as the jury. 9 women and 3 men were on the panel.

The detective testified he came into the spa, paid his money, and got an excellent massage until the time when the Defendant started lightly touching his privates. At that point he negotiated a “happy ending” for $30.00. The detective who was in the parking lot listening in on a concealed audio device, come on now, it was hidden in his pants hanging on a chair, heard the bust signal and came rushing in.

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In an effort to stamp out crime, the undercover officer entered the business slowly, looking around for any sign of the criminal activity. He thoughtfully removed a $100 bill and gave it to the suspect. He was directed into the darkness of the back room. Slowly, ever so slowly, he removed every piece of clothing that he had on. Then, all in the line of duty, he laid down on the table, not knowing what to expect next. The suspect came in ready to give him his money’s worth.

The suspect firmly and then with ever increasing pressure massaged the officers not so supple body. After what seemed like an eternity, the officer, who of course now was completely and fully engaged, asked for what he had come for. Will you give me sex? He questioned the suspect again and again. She, not wanting to do anything other then make an honest living, was taken aback. Repeatedly she refused, offering only a legitimate massage.

The officer, feeling unsatisfied, gave the secret arrest signal anyway.

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Stephen Collins, the actor, told the truth to his therapist. He wanted help with a disease. He felt sick and needed guidance. So he told his therapist about touching young girls in a sexual manner thinking it was a very private and emotional moment. He hoped it would lead to greater understanding by him and help in his therapy.

Big surprise! Not everything you tell your psychologist or psychiatrist is private. In fact, the mental health professional was under an obligation to report such behavior to law enforcement. Instead of leading to help, opening up to your therapist can land you in jail. Just ask Stephen Collins after the police arrested him.

A therapist is required to report acts of child molestation to law enforcement unless it’s already been reported and he is willing to rely on that as satisfying his reporting obligation. You might think that this would have a chilling effect on individuals seeking treatment. You would be right on that score.

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When you are arrested for a violation of Penal Code Section 266h you need a lawyer right away. The minimum sentence for a violation of the Pimping statute is three years in State Prison. If you are convicted of this offense the judge does not have the ability to give you probation. You MUST go to prison for as much as six years. You need a great criminal defense lawyer to defend you against these serious charges.

This particular Penal Code Section states, in part, that “any person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part from the earnings or proceeds of the person’s prostitution, or from money loaned or advanced to or charged against that person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed,, or who solicits or receives compensation for soliciting for the person, is guilty of pimping….”

Knowing the exact language of the section is important. But, realizing what it takes to beat the charge of Pimping is critical. The main issue that the District Attorney must prove is that the person arrested and charged knew that the source of money was prostitution. That is not always easy for the District Attorney to prove. Many times the prostitute is not telling people where her money comes from nor does the person getting the benefit of it ask. Even if the defendant knows prostitution is the source of the money earned, proving that the defendant knows can be very difficult.