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RSS Feed. It is not intended to be used as a substitute for proper legal advice. Those looking for legal advice on soliciting a prostitute should consult a criminal lawyer.
Call Daniel Brown to discuss your criminal matter at Either stopping or attempting to stop a person in order to communicate for the purpose of prostitution or alternatively, communicating or attempting to communicate for the purpose of prostitution will be sufficient to ground a conviction for the offence. Merely attempting to communicate with a prostitute is sufficient to be convicted of the offence.
The Crown must prove as a fact that it was the intention of the accused person to solicit services for the purpose of prostitution. Simply being curious or joking is permitted under the legislation and is not evidence of the required intention to communicate for the purpose of prostitution. The act of solicitation does not only apply to prostitutes, but to all people. Therefore, one can be found guilty of the offence of prostitution even if the person they were attempting to solicit to have sexual activity was an undercover officer.
Money does not have to be tendered for the offence of communicating for the purpose of prostitution to be complete. All that is required is an intention to engage in the sexual act. Discussion of money and the ability to pay are only some of the factors the court will consider when determining whether a person actually had the intention to communicate for the purpose of prostitution. In some cases, a first time offender may be eligible to participate in a counseling program, which, if successfully completed will result in a withdrawal of the charge by the Crown attorney.
The diversion program an accused person is required to attend before their charge of communication for the purpose of prostitution is withdrawn is usually a one-day session, which discusses the risks associated with this type of criminal behavior.