Referring to the Melissa Wolf bust in Atlanta
"Anyone found to have paid the women for sex could be charged with soliciting an act of prostitution, a misdemeanor punishable by up to a year in jail," Porter said.
"If we can develop enough evidence, people will be arrested, and that will be part of the public record," Porter said.
It has been my understanding from reading this board that having your name in a database is not enough evidence to prosecute. Would a name plus a review be enough to aid in the prosecution? “Develop enough evidence” I assume nobody is going to go to the DA and admit the act. Legal opinions please.
Let us pray that this situation never occurs.
(Still not a lawyer)
.."everything contained in this site is a work of fiction that is published for entertainment and amusement purposes only. The reviews are stories that have been submitted by users of The Erotic Review"
Since when is fiction writing illegal? So what if some has has your name in a black book? Ever hear of identity theft?
under terms of service that state its fiction.
put yourself in the jury box or on the bench, and ask yourself what you think is going on, and that's probably not far from what they will find
Actually, the "free time for reviews" policy would be quite helpful in court. You could claim that you post fake reviews to get free time on the site, so that you can indulge your voyeuristic tendencies for free.
(Disclaimer: not a lawyer)
You could make that claim, but don't expect jurors to buy it if there's other evidence against you. Prosecutors wouldn't bring a case like this unless they had other evidence, so this argument likely won't get you very far.
One place it might get you, though, is prison. Perjury is a crime, and its much more serious than prostitution.
Several providers have posted that some of their reviews actually ARE fiction. I would think in court a guy could easily say that he wrote "fictional" reviews in order to gain VIP access.
That would be a defense and ALSO in a lot of cases here is actually the truth.
ARE THE REVIEWS REAL?
Yes, the reviews are absolutely real! We prefer to ‘err on the side of not publishing one if we suspect it’s a fake. We also remove questionable reviews.
WHERE DO THE REVIEWS COME FROM?
The reviews come from you, the guys who use our service. Once you patronize a lady and complete a review, we’ll verify its authenticity. If it meets our standards we publish it.?
Most good Indy’s or agency don’t keep there client list on there computer, it is on a off site service. Even if you gave your information to them if they’re a good agency they will find no record of you.
Not a lawyer - but hard to prove it is you. Maybe
if you pay with a credit card?
Also I think the "this is all fiction" line is
actually a help.
I don't think " this is all fiction" defense will hold up in court. Looks loke we will find out.Thirty two-year-old Daniel M of Atlanta and 56-year-old Alexander R of Kennesaw are facing charges of pandering.
Here's the link. But I don't see how they
"got these guys" ?
proving it is another matter. The stuf written here in reviews would probably be ruled Hearsay evidence and be thrown out by a good lawyer.They have to have a witness to prove sex actually happened. This is still the USA and we have the right to Face our acusers and the presumption of inocense till proven guilty. Someone should send this to the ACLU. They could have a field day with this case.
There are many exceptions to the hearsay rule, including one for admissions and another for statements against penal interest (i.e. statements that tie their source to the comission of a crime). If a particular review can be tied to a particular defendant, it would likely be admissible against him.
What do you mean by "They have to have a witness to prove sex actually happened"? If you think the prosecution needs the testimony of someone who actually saw the defendant having sex with an escort you're wrong. There are other ways to prove such things, including statements (such as those found in reviews on this site) by the defendant.
Using this evidence against a defendant is perfectly consistent with the presumption of innocense and the right to confront one's accuser.
of the time, effort. Just like speeding, there are occasional prosecutions, but more often than not, police and prosecutors prefer (and are under public pressure) to spend resources on crime with victims - murder, robbery, drugs, gang violence...The mistake this woman made was using a residence in a neigborhood..in my opinion, some neigbor probably made an anonymous tip/complaint.
Unless, of course, you state that the reviews are fake. Since you get free time for posting reviews, you can argue there is a logical reason for posting fake reviews.
Of course, in such a statement you are also proudly proclaiming that you are a liar, which may not be helpful.
(disclaimer: not a lawyer)
what the statute of limitations is on the type of misdomeanor charges that these two guys got hit with?
This is what a good prosecuter will do. Apart from having TER reviews as evidence, the prosecutor will have your cell phone numbers to prove you called the provider, Emails...with IP address and ISP details, the money, the provider's website or online posting. words on the website like french, BBBJ, etc.
If they want to get you they can with a little effort. Thankfully they have more pressing cases to handle
As a provider, I can understand every ones worries. I believe the mistakes that this provider made are numerous. She lived in a million dollar house in a private, exclusive neighborhood. Nosy housewives were angry when they found out she was a porn star and one women even quotes that " our husbands slow down in hopes of catching a glimpse of something going on inside the house."
The men arrested may have been some shady characters. In fact one was evicted from his apartment in December. Doesn't sound like a high dollar client to me.
If you are going to be arrested, it's going to happen regardless as to what safeguards you feel you took. In the city of Atlanta, an escort can be arrested just for showing up to a hotel room without a permit. If you are advertised as an escort, without a permit you are busted.
All in all, great lawyers are great friends to have.......
permit..? What type of permit would an escort have if she is w/an agency & everyone here says don't seek an agency b/c they get busted first...