Communicating For the Purpose of
Prostitution
Is it a crime in Canada to engage in prostitution or to obtain the sexual
services of a prostitute?
Yes. 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. This means that both the prostitute and the person seeking the
prostitute’s services can be found guilty of this offence.
What if I wasn’t successful in my attempt to obtain a prostitute’s services?
It is not necessary
to be successful in one’s attempt to communicate for the purpose of
prostitution. Merely attempting to communicate with a prostitute is sufficient
to be convicted of the offence.
What if I was asking the prostitute how much s/he charged out of curiosity and
NOT with the intention to solicit their services as a prostitute?
The Crown must prove
as a fact that it was the intention of the accused person to solicit services
for the purpose of prostitution. The accused must be “serious”. S/he must mean
what s/he says and be willing and ready to carry out the transaction. 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.
Can I be found guilty if I tried soliciting an undercover officer who wasn’t
actually a prostitute?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.
Must there be a monetary transaction for the offence of communicating for the
purpose of prostitution to be completed?
No. 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.
What will happen to me at court if I am charged with this offence?
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. These types of programs are often referred to as “diversion”
programs as they are created to divert accused persons out of the justice system
without criminal records.
What type of program must I attend (assuming I am eligible) and how is
eligibility for the diversion program determined?
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. The program itself costs several hundred dollars (approximately $500
depending on the courthouse). Typically, those who do not have prior criminal
records or related arrests will be eligible for this diversion program.
Eligibility is determined by the Crown Attorney’s office- usually with the
assistance of a criminal defence lawyer acting on the accused person’s behalf.
If I am eligible for and complete the diversion program, will I have a criminal
record?
No. This type of
counseling program was created to ensure that if an accused person successfully
completes the program they would not have a criminal record of any kind.
What if I am not eligible for the diversion program?
At this stage, an
accused person will have to decide based on the evidence whether or not they
wish to take the case to trial or plead guilty.
What are the possible penalties for communicating for the purpose of
prostitution?
An accused person
may be given a range of sentence starting with a discharge (not considered a
criminal record) all the way up to six months in jail depending on the
seriousness of the offence, the criminal record of the accused person and a
number of different factors the judge will consider at the time of sentencing.
If you or someone
you know is charged with communication for the purpose of prostitution, you
should immediately contact a criminal lawyer to determine your best defence to
this type of criminal charge. I can be reached for a free consultation at
416.297.7200.
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