Florida has one of the broadest public records laws in the nation, which means one of the most powerful bargaining chips Florida prosecutors have – particularly in sex offense cases – is shame. There are the initial mugshots, incident and arrest reports and identifying details all available for public release – and that’s even before a person is convicted.
Now, a new Florida law will have those arrested for misdemeanor prostitution solicitation in Florida facing additional public ridicule – with potential to even further impact one’s employment, housing, education and financial situation – not to mention personal relationships.
Those arrested in Florida for misdemeanor prostitution (often overlooked as a sex offense) may be tempted to simply plead guilty, pay the fine and enter a diversion and/or complete other requirements so they can quickly put it all behind them. That’s generally not advisable, but because of the potential long-term implications, Fort Lauderdale criminal defense attorneys especially warn against doing so until you’ve spoken with a a lawyer experienced in defense of prostitution solicitation crimes.
Florida’s New Prostitution Database Law Goes Into Effect
The new Florida law that takes effect this week begins the planning stages of the online registry of persons found guilty for solicitation of prostitute (an actual launch date has yet to be announced). Officials say the database is broadly intended for the purpose of deterring human trafficking.
Rather than pursue any claims against the prostitutes themselves, the state law targets so-called “johns,” those who purchase sex or seek to do so. A Democratic state senator who championed the law explained that too often, prostitutes are forced into sexual servitude, and that by targeting johns, the government will drive down demand. The senator referred to prostitution as a form of modern-day slavery.
It’s important to note, however, that while the terms “sex trafficking” and “prostitution” are often conflated, they are not the same thing. Sex trafficking by definition involves prostitution, but prostitution can and often is a willful exchange between consenting adults. In fact, U.S. law recognizes with few exceptions the willingness of the prostitute in these scenarios.
Lawmakers, in reaching their conclusions, cited an 8-year-old study that found almost 9 in 10 men who illegally purchase sex for money revealed in a survey they would likely be deterred from doing so if their name and/or mugshot were added to a widely-accessible registry.
Our Fort Lauderdale prostitution defense attorneys know the reality is measures like this aren’t going to do much if anything to address the real problem of human trafficking, and furthermore penalize those who have already been punished for their crimes. When we make it more difficult to find work, housing and an education, the risk of recidivism is higher.
Those who work with organizations like the Sex Worker Outreach project have implored state legislators to focus more on cooperation/collaboration with those whose participation in the sex industry is consensual, saying criminalizing prostitution with harsh penalties only serves to drive the practice underground and put sex workers at even higher risk. This is not to say we shouldn’t have laws or penalties, but with so-called vices like drinking alcohol, using drugs and prostitution, bans rarely work for their stated purpose and ultimately make it more dangerous for everyone involved.
Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.
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