Yes, you read on internet sites that adultery is still a crime in 30 states. You should also say it is virtually never enforced and the penalty is what? $10?
As to clouding a "clean judgement" (sic), what's a clean judgment? A judgment is or is not; there are not clean or dirty judgments.
As I posted on the general board we are likely to see a number of appeals throughout the states over the coming months. Thought a discussion on what will be the most winnable case in order.
My thoughts:
Case needs to be a very clean sex for hire(Law 101). It should not involve solicitation, pandering, bawdy-house, adultery, or any other complicating elements. Governments have a right to regulate, but not stifle, commerce. Once sex for hire is dealt with then commerce issues such as advertising, place of business, business arrangement, etc can be argued.
So, ideal would likely be an outcall to the clients home or hotel room (one client is staying in overnight for general business and not acquired specifically to see a provider). Both participants are single. Provider is independent, has no agency connections, and is local to where she/he meets the client. Provider has not openly advertised.
Will race make a difference in some states? Age of participants? Gender and/or sexual orientation of participants? Benefit or not if provider is working their way through college? Type of advertising done by provider?
What about lewd acts (eg, sensual massage)?
I don't know what you do for a living but I sure hope you're not a lawyer. BTW, Solicitation is sex for hire; adultery is not a crime, at least in California; adultery is unlikely to have any significance at either the trial or appeal level and you forgot to mention the legal basis for your "appeal". What state are you considering for your "appeal"? Other than the state of confusion in which you obviously live.
Where does this beloved board find these legal eagles? Add this to the clever motion post and the is a hand job a lewd act query?
I'm not a lawyer, solicitation is a seperate issue than sex for hire in most states, adultery is still a crime in approx 30 states and would cloud a clean judgement in those states...
Yes, you read on internet sites that adultery is still a crime in 30 states. You should also say it is virtually never enforced and the penalty is what? $10?
As to clouding a "clean judgement" (sic), what's a clean judgment? A judgment is or is not; there are not clean or dirty judgments.
Rodmewell,
"God bless the trial lawyers, everyone..."
The fact is that Adultery is a crime in about 30 states. I do not have the list in front of me nor do I know the penalties in each state nor am I going to take the time to look the information up. In about half these states it's defined as either partner being married and in about half its only adultery if the female is married. According to the ULC there are about 400 instances of enforcement per year, mostly I assume, connected with divorce type issues.
To the people directly involved in a case a judgement is exactly as you say. However, in terms of establishing precedence for case law and for creation of legislation you want a clean or unclouded judgement as narrow and free of ambiguity as possible. You want it to be clear that the judgement of the court is that sex for hire (prostitution) can or cannot be abridged. If a case also involves adultery it may be lost on that element and not on sex for hire, though the judgement may be taken to be against sex for hire in future proceedings - E.G., cloudy.
Rodmewell, you can contribute alot to this board if you're constructive rather than destructive. Your choice.
Rodmewell:
You recently, took me to task about some comments I made on this board. I won't rehash old discussions(even though there was some justification for your position) except to say this:
I really, truely hope that you don't treat your clients the way you treat many of us here.
It's Lawyers with attitudes like yours that give the profession a bad name. I just want you to know that I now know your attacks against me were not personal. I can now see that you treat everyone like shit.
Have a nice day.
-- Modified on 7/13/2003 10:11:58 AM