Blog: Criminal Defense

Getting busted with a hooker may get more expensive
November 10, 2008

Mark Konkol, Staff Reporter of the Chicago Sun Times reports: “Getting busted for picking up a prostitute in unincorporated Cook County may no longer be a criminal offense under a proposal being considered by the Cook County Board.

Instead, “johns” would face steep penalties — $1,000 fines, impounded vehicles and 100 hours of community service — under a proposed county public morals nuisance ordinance.

Cook County Sheriff Tom Dart says he’s pushing for the change because current misdemeanor criminal charges for soliciting prostitutes — typically a $100 fine and charges expunged from a person’s record after taking a 2-hour class — do not effectively deter repeat offenders.

“We’re trying to do something that has not been done before. We’re using our brains,” Dart said. “Our experience with prostitution stings shows it’s a broken record. [Johns] pay the $100 fine and they’re out the door. They take a 2-hour class that expunges everything from their record … and they’re out there again continuing their behavior.”

The proposal, sponsored by Commissioners Larry Suffredin and Peter Silvestri, does not completely decriminalize soliciting prostitutes. Police will have a choice to either charge offenders with misdemeanor soliciting or the proposed ordinance.”

1995 National Criminal Justice Reference Service Study: those who are sexually abused as children are 27.7 times as likely as others to be arrested for prostitution.

2001 Center for Impact Research Study (Chicago): between 1,800 to 4,000 girls and women are involved in on- or off- street prostitution activities in Chicago in any given year, along with about 11,500 people who trade sex for drugs. Also, 21.4 percent of women working as escorts had been raped 10 times or more, with comparable rates for other types of sex work.

2002 Arrests in Chicago: The Chicago Police Department made 4,486 arrests for prostitution-related offenses. That included 953 john-related arrests and 67 arrests for pimping/pandering. FACT: In Chicago, women were arrested at about four times the rate men were.

As a criminal defense attorney who represents female prostitutes, this Cook County proposal is absolutely appalling and misogynistic. How can we excuse male “customers” seeking sex acts but continue to lock-up and charge the females who are providing the desired service?

The statistics clearly show that many of the women involved in the business of prostitution are victims of sexual abuse and/or drug addictions. It is completely wrong that men only risk a fine but the women risk severe jail time and a criminal record that will follow them for life. Maybe a fine isn’t the proper deterrent for the prostitute as it is for the male “john” but we should find a way to deter the prostitute from engaging in such behavior. We should provide them with counseling and rehabilitative services. Maybe that hefty fine that the male john must pay should go into a rehab fund for prostitutes instead of rights into the hands of the county.

www.xpunged.com and www.tamaraholder.com

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