Before we continue on, I think we should define (as best we
can) what constitutes ‘entrapment’ in a ‘soliciting for prostitution’ case.
Basically, ‘entrapment’ is when law enforcement encourages
someone to commit a crime that said individual would not have ordinarily
committed. Entrapment is difficult to
prove. Generally the courts will side with law enforcement, not the
defendant. For the layman or a typical
law enforcement investigator ‘entrapment’ is a difficult concept. Police, in jurisdictions promoting
prosecutions for soliciting prostitution, are usually coached by prosecutors in what the police
can and cannot do. There are some myths
associated with this process. Many
believe that a female police officer, in an undercover role, is obligated to
acknowledge that she is in law enforcement if specifically asked that question
by a ‘john.’ Not true.
A typical conversation between a ‘john’ and an undercover female
police officer might go something like this:
John: “You’re very pretty. How about going somewhere where we can be
alone, or would you like to go for a drive?”
Undercover Officer: “Why would I
want to do that?” John: “How about a hundred dollars.”
Bingo. Such a brief conversation coupled with the stage presentation –
youngish, overly made-up woman in short dress or low cut blouse will probably
land you in jail.
The Tigard PD utilized the internet; and it would be very
interesting to know how they posed their ‘come-on.’ Sexual ‘come-ons’ are so prevalent on the
internet that your local minister probably gets one or two a month. If you are a bit less discriminating in your
internet searches, you might get one or two offers for sex a day.
So, speculating now, what would the Tigard PD use as their internet
‘come-on?’ How about: “Young, attractive college girl loves good
time with older men. Let’s party. If you’ve got the money honey, I’ve got the
time.”
Shoot, maybe that’s too obvious. Remember, we’ve got a very smart lawyer
(prosecutor) figuring out this wording. Whatever he comes up with, it’s bound to be clever.
So, a young, maybe middle-aged, (and probably not too smart)
guy goes to the motel room as directed.
As he enters, he sees that sitting on the bed is a pretty (maybe not so
pretty, but heck you drove clear across town) woman who looks longingly at him. She seems a little nervous and you interpret
this as impatience. You get right to the
point. "How much is this going to cost
me?’" You’re concerned about this,
because you only brought a hundred in cash and you doubt that she will take MasterCard. At that point, two overweight police officers
come charging out of the closet and pin you to the bed, jerk your arms around behind
your back and handcuff you.
The police consider you a ‘low-life scumbag.’ Even though chances are that one or both of
these cops has seriously considered a roll in the hay with a really good
looking prostitute – especially if they could get it as a ‘freebie.’
The officers advise you that you’re under arrest,
that you have a right to remain silent, that anything you say can and will be
held against you in a court of law, that you have a right to an attorney; and
that, if you can’t afford an attorney, one will be provided.
Then it’s off to the lock-up.
As far as the police woman, the object of your misdirected
desire, she subsequently goes home for a late dinner with her husband. She informs her husband that five men would
have paid her for sex today. Her husband,
who has actually had sex with her, is somewhat amused; but tries not to show
it.
To be continued...
True Nelson