Sexual Exploitation
There is an increased emphasis on arresting the “consumer” in prostitution cases in the City of Seattle. Increasingly, the seller of sexual services is viewed as the “victim”, and the consumer an “exploiter”. Indeed, the Seattle City Council changed the name of the crime from “patronizing a prostitute” to “sexual exploitation”. Certainly sounds more serious when the conviction shows up on a criminal background check. Supposedly, the rationale behind this focus is reducing the demand by consumers by making the crime more abhorrent.
The tactics, strategy, and policies behind prosecution of prostitution offenses is also changing. The emphasis is shifting from sex workers to sex buyers. While arrests of both constituencies will remain, the processing afterward is changing dramatically: the consumers will go to jail and likely not get out until the individual goes to court and has conditions ordered by a judge. Sex workers will likely be taken to a local social services agency like “Real Escape from the Sex Trade”. Sex workers will usually be offered diversion programming, like “community court”, or an opportunity to have their prostitution charge dismissed without an actual conviction, known in Seattle Municipal Court as a “conditional dismissal”.
No such sweet deals are currently available to the consumer busted for “sexual exploitation”. While diversion is mentioned in the Seattle City Code, the Seattle City Prosecutor is not currently offering diversion. The consumer’s choice in criminal court is either plead guilty or take their chances at trial. If convicted, consumers must be on probation, at least long enough to complete a ten week “intervention” course. Fines have increased dramatically. I advise my clients that, if convicted, fines, fees, costs and assessments will be well over $2,000.
Currently, the consumer enforcement emphasis has meant a “flip-flop” in the numbers of cases filed. Formerly, prior to 2012, the number of sex worker cases was about twice as high as consumer cases. This has shifted dramatically, with filings of patronizing or sexual exploitation cases now about four times higher.
Persons driving along Aurora Avenue in Seattle from 85th to 130th still see a lot of women trudging along, making “furtive glances” at passing motorists. However, there is a very good chance that the individual is an undercover Seattle police officer. The statutory scheme for sexual exploitation and its punishment is SMC 12A.10.040 / 12.10.070.
If you have a criminal matter you would like to consult with a lawyer about, please contact Jan Olson at Ellis, Li & McKinstry, PLLC at (206) 682-0565.