Don’t be a John. In 2012, the city of Seattle exercised a fundamental change in enforcement philosophy involving prostitution: sex for hire workers are victims. Prostitution charges dropped to nearly zero. Purchasers, or “johns”, are now the enforcement emphasis.
There are two city criminal ordinances involving sex for sale in Seattle: (1) “Prostitution” if you are the seller; and (2) “Sexual Exploitation” if you are a buyer. The enforcement emphasis is clearly indicated in the “B” section of the Sexual Exploitation statute. The buyer must provide a DNA sample, pay a special assessment of $100, have no further similar arrests for a prescribed period, stay out of areas of prostitution (commonly known as a “SOAP” order) and attend an education class (commonly known as a “JOHN” class).
The discussion of a “deferred sentence” is quite important for people who are busted for sexual exploitation: the City of Seattle prosecutor is no longer offering “pre-trial diversions” or “stipulated orders of continuance”, which allow a john to avoid conviction. A deferred sentence requires a guilty plea or admission the evidence would likely result in a conviction. A deferred sentence does allow the convicted person to ultimately withdraw the guilty plea and have the charge dismissed, if all the above conditions are met.
What is the problem with a deferred sentence in a Sexual Exploitation case?
The problem with a deferred sentence is that a “john” will have a conviction on his record for, at least, the length of the deferred sentence. This is usually a year, but can be up to two years. Employers who do random or routine post-hiring background checks may find the conviction. Many employers consider a “Sexual Exploitation” conviction to be more than a minor discretion which can be overlooked. I have had clients employed by large corporate employers summarily terminated when the conviction was discovered.
Even if one is fortunate enough to receive a deferred sentence and gets the benefit of a dismissal later on, the individual still will have “criminal history” of the charge, unless a vacation of judgment is obtained. A vacation is quite helpful to rid oneself of such embarrassing history, but there is a substantial waiting period: three years from the end of probation, if all fines, community service and classes are completed, and there were no further criminal law violations.
The social and emotional cost of a Sexual Exploitation case on a john is potentially enormous. I have had client’s marriages collapse when they are arrested. This is not something that can be hidden from a spouse. Wives have been contacted by jail staff verifying information, or opened court notices that arrived at home in the mail. I have had client’s marriages collapse when wives learned of their spouse’s activity through the counseling process. The loss of trust is enormous.
For those who are willing to deal with it, preferably before the secret life involved with sex for hire has caught up with them, there are successful sex addiction treatment options available. Thousands of dollars in attorney’s fees, court costs, and fines can be saved if help is sought prior to arrest for addictive behavior. I recommend Bellevue Community Services, a well-respected program in King County that is compassionate and effective in curtailing the behavior. The program is well thought of by local prosecutor’s offices.
Have you been arrested or charged with a crime? Contact Jan Olson at (206) 224-6691.
