Toronto Soliciting a Prostitute Criminal Lawyer
Solicitation of a Prostitute in Toronto, is generally described as the practice of seeking sexual services in exchange for money. In general, in Canadian case law it states that three elements are necessary to establish that prostitution is taking place – (i) provision of sexual services, (ii) the indiscriminate nature of the act (soliciting rather than choosing clients), and (iii) the necessity for some form of payment.
In Ontario, the buying and selling of sexual services are legal in certain private establishments, however the act of communicating or soliciting for sexual services is not legal. These laws make it difficult for lawyers & prosecutors as there can be many interpretations of the law.
For the most part, it is the person who offers sex for money is the one who is charged. The individual that is looking for sex is usually only charged when caught in the act or trapped by an undercover police officer.
If you or someone you love has been charged with soliciting a prostitute, it is in your best interest to consult a criminal defence lawyer before attempting to defend yourself. If you would like a free consultation with one of our team members, please click on the button below.
Penalties for Soliciting a Prostitute in Toronto
The Canadian Criminal code on procuring states:
212. (1) everyone who (a) procures, attempts to procure or solicits a person to have illicit sexual intercourse with another person, whether in or out of Canada,
(b) Inveigles or entices a person, who is not a prostitute to a common bawdy-house for the purpose of illicit sexual intercourse or prostitution,
(c) Knowingly conceals a person in a common bawdy-house,
(d) Procures or attempts to procure a person to become, whether in or out of Canada, a prostitute,
(e) Procures or attempts to procure a person to leave the usual place of abode of that person in Canada, if that place is not a common bawdy-house, with intent that the person may become an inmate or frequenter of a common bawdy-house, whether in or out of Canada,
(f) On the arrival of a person in Canada, directs or causes that person to be directed or takes or causes that person to be taken, to a common bawdy-house,
(g) procures a person to enter or leave Canada, for the purpose of prostitution,
(h) for the purposes of gain, exercises control, direction or influence over the movements of a person in such manner as to show that he is aiding, abetting or compelling that person to engage in or carry on prostitution with any person or generally,
(i) applies or administers to a person or causes that person to take any drug, intoxicating liquor, matter or thing with intent to stupefy or overpower that person in order thereby to enable any person to have illicit sexual intercourse with that person, or
(j) lives wholly or in part on the avails of prostitution of another person,
Is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Living on the avails of prostitution of person under eighteen
(2) Despite paragraph (1)(j), every person who lives wholly or in part on the avails of prostitution of another person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of two years.
Aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years
(2.1) notwithstanding paragraph (1)(j) and subsection (2), every person who lives wholly or in part on the avails of prostitution of another person under the age of eighteen years, and who
(a) for the purposes of profit, aids, abets, counsels or compels the person under that age to engage in or carry on prostitution with any person or generally, and
(b) uses, threatens to use or attempts to use violence, intimidation or coercion in relation to the person under that age,
Is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years but not less than five years.
(3) Evidence that a person lives with or is habitually in the company of a prostitute or lives in a common bawdy-house is, in the absence of evidence to the contrary, proof that the person lives on the avails of prostitution, for the purposes of paragraph (1)(j) and subsections (2) and (2.1).
Offence — prostitution of person under eighteen
(4) Every person who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of six months.
Offence in relation to prostitution
213. (1) Every person who in a public place or in any place open to public view
(a) Stops or attempts to stop any motor vehicle,
(b) Impedes the free flow of pedestrian or vehicular traffic or ingress to or egress from premises adjacent to that place, or
(c) Stops or attempts to stop any person or in any manner communicates or attempts to communicate with any person
For the purpose of engaging in prostitution or of obtaining the sexual services of a prostitute is guilty of an offence punishable on summary conviction.
Repeated offences may result in longer prison terms as well as fines, and the social stigma. A criminal record may also result, making it more difficult to obtain employment, travel, and the additional strain on relationships.
Soliciting a Prostitute Defence Lawyer in Toronto
Our dedicated legal team of lawyers Bruce Karten & Stephen Hebscher will work diligently on preparing a bulletproof defence on your behalf. We are highly experienced in knowing how prosecutors will prepare their case & evidence attempting to charge you to the full extent of the law in order to make an example of you. They are not at all concerned about your relationships or reputation. With these insights in mind, we carefully plan a strategy to be ready to challenge the allegations and evidence against you.
Don’t risk a solicitation conviction of this nature. The stigma may haunt you for years to come, even the rest of your life. With the recent changes to Prostitution Laws in Toronto, Ontario in 2012, which are very confusing, we are confident that we can get the solicitation of a prostitute charges against you reduced or dropped completely. Call us now to connect instantly for a confidential consult with a lawyer. See what our other clients are saying about usWe can help you too!
*Note: Since writing this article the prostitution laws in Canada are about the change once again. For more details on these new changes, please visit our recent blog post: What is wrong with the new prostitution law?
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