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?
I came to Stephen Hebscher with a somewhat irregular case. Both my spouse and I had been mutually charged with domestic assault, a legal situation that neither of us had wished upon each other. While my spouse's lawyer had been content to seek mutually binding peace bonds, Stephen was able to get in front of the case and negotiate a withdrawal of both of our charges- the best possible outcome on BOTH sides of the table – once we successfully completing the PARs program. I remain entirely pleased with Stephen's competency, professionalism and accessibility, and would not hesitate to recommend him as a criminal defence lawyer. L.A.
Mr. Hebscher: I would like to thank you for your excellent representation of me in relation to the domestic assault charges that you worked so hard to have withdrawn. You have made a critical difference in my future and I am very happy with the outcome. I also appreciate your hard work, and the extra time and effort you have put in to deal with all the other issues that came along. I thank you for being a phone call away (or email) even when you did not have to be. I will gladly recommend your services to any of my friends or family should they ever need it. I am very grateful for what you have done.
I am impressed especially after our meeting on Monday – I was resigned that something bad would befall me, so I am very blessed to have this outcome. I thank you for the hard work that you have put into this case, and the dedication on getting me this fantastic outcome! I am so glad that we retained you as my lawyer! You have done an outstanding job and allowed me to now rebuild my life. Thank you, Bruce Karten.
Dave B. (Ajax, Ontario)
We were referred to Stephen Hebscher when our child was in need of legal representation. He was charged with sexual assault. As parents, we were quite frightened for our child but Mr. Hebscher was the calm voice of reason. We are very grateful to Mr. Hebscher for the excellent results he got for our child, as the charges were dropped.
J.N. (Toronto, Ontario)
Mr. Hebscher is a very professional lawyer who takes pride in his work and because of this the end result was the judge ruling me not guilty and I got my innocence and life back. My family and I would like to thank you again Stephen Hebscher for doing a wonderful job and also being a very supportive man.
Chris T. (Scarborough, Ontario)
I am happy to report that Bruce’s superior negotiation strategy and ability to present facts effectively helped convince the Crown to reduce his position. I would like to take this opportunity to thank Bruce for getting my charge withdrawn and keep my criminal record clean.
J.S (Toronto, Ontario)
I looked and found Barrister Stephen Hebscher I introduced myself and my case and after listening to all details he was able to ensure me that my case would go well. All charges against me have be thrown out and my life is back to normal.
Blair H. (North York)
Bruce ...The care and concern you showed us during our dealings certainly helped to reduce the stress we were under. I would recommend you without a second thought. Your winning record is a bonus as well. My husband and myself can't thank you enough for all you've done for our family.
Debi T. (Mississauga, Ontario)
Dear Mr. Hebscher...There are not enough words to express my appreciation for your...giving me your undivided attention at all times, work in my case with your heart and soul, that makes you "ONE OF A KIND" lawyer.
Ahmed A. (Brampton, Ontario)
Mr. Bruce Karten was able to help to extricate me from a very serious criminal case containing severe charges, including weapons –threat to use weapons, death threat, harassment,etc. He succeeded in winning my case. I was discharged; was able to keep my career, and no criminal record. This was a tremendous accomplishment, and I am very appreciative of that.
Nickolai V. (Toronto, Ontario)
Again, from the depth of our hearts we sincerely thank you very much for being my Counsel on this case. We now can say you are the BEST and we will surely recommend you to our friends and anybody here we know who needs the best Lawyer in Ontario. You have done an extremely good job and we are very happy with the outcome this morning.
Roman A. (Markham, Ontario)
Mr. Hebscher was the only lawyer who gave me hope and made me feel like I had a real fighting chance. I am extremely satisfied with the quick results that he delivered, and I am happy to say that he was able to convince the court to drop the charges against me and clear my name.
Tina M. (Toronto, Ontario)