HERE IS A STORY TOO SAD BUT TRUE, LET’S HOPE IT DOES NOT HAPPEN TO YOU!---LEGAL MEMO
Let’s call him Archie, but although we will disguise his identity, most of those who read this column have seen his posts and marveled at his adventures in the grand land know as the Kingdom of Pussy. Archie always manages to get the prime escorts, he is a big spender who made a small fortune in the stock market gyrations while most people pulled down their pants and took it straight up the ass. Not Archie, he had the magic touch, with the market; but having so much loose cash, he had the misfortune to run into a number of escorts who did not treat him as the prince he is, he actually is a distant relation to the British royal family, but some of the escorts saw him as a “golden getone” dispenser* and reached for the golden token, grabbed it and then high tailed it out of town. There was a porno star who showed up high on drugs, there was a troubled gal from out of town who he paid in advance to fly in to meet him and she never showed, there was the time he went slumming and got caught in a police vice trap, and this last gal who he had fallen in love with, who threw that love out the window. (*A gitone is a special coin used at one time to work telephones in Europe or games in amusement parks where they do not want you to use the actual coin of the realm, something like a subway token)

Now for all his eccentricities, Archie is a great believer in our review system and even if he got screwed or swindled, he was determined to light the path for the rest of us so we would not get stung, as he had been. Most readers are worrying about getting stung by a vice bust, but Arch was getting stung by high priced escorts.

As a result, Archie was diligent in writing reviews, flowers when things went well and warnings when the worst of these adventures finished badly. However, his last adventure went badly. At first his review was accepted, but to his dismay it was taken down after a few days. Why? He protested to me, but I have nothing to do with the review process and can only hazard a guess, which I will in good time

As the following tale has a lot going for it, elucidating human behavior as well as a variety of legal principles, we will get right to it and touch on the review system in a separate post.

So here we go..... On a trip to sin city, Archie thought his luck had changed. He met a beautiful escort who fuck-filled his every fantasy; he played like the little Rockefeller he is, fine dinning, the best of booze and the priciest of the newest fab hotels. Everything went well, and to show his appreciation he raved her a review about her as if she was the new found Lady Godiva, with her figure and gorgeous tits and nips that shined up like the morning sun; she was, in brief, a women who should not be permitted to wear clothing.

This romance went on through three meetings, but like they say, act four is when most dramas fall apart. Sometimes mucho familiarity breeds contempt rather than contemplation. But without a thought for the wise, when he heard Lulu was back in town, Archie hopped a friend’s private jet, flew across country, limo-ed to the classiest hotel and with wings on his feet took the elevator to the penthouse suite, where he waited for Lulubelle to arrive. When she walked in the door, he embraces her and handed her three big ones  (not C-notes), and then took her out to dinner.
While eating dinner, who should seat himself down at the table next to them, but a celebrity, we will call Jonesy Tom, a swinger singer famed for his ten inch cock and two testicles bigger than hyflight golf balls. Now, not all girls go for monster cocks, but this dude has the whole package, a hotel room filled with golden records and a bank account filled with platinum. If sex wasn’t her bag, Lulu had more than a passing gas of an interest in Yukon Mining under the table. Before they got to desert, Mr. Tom and Lulubelle were obviously in the middle of becoming good friends, as his swollen trousers would shout if cocks could talk.

Anyway, fast forward; a smile, a laugh, and before long tom-tom was close to beating off so he and Lulu traded numbers and begin texting each other. Texting is perfectly legal if you are not driving and what these two were driving at was more like a four-poster bed than four wheels. About this time, our Archie is beginning to feel like a fallen Arch.
And it would have been about this time that I would have broken a chair over both of their heads, but before Arch could vent his annoyance, Lulu started pestering him for the room key, and with one hand on his crotch and another in his pocket, she keyed her way to success pretty quickly. Excusing herself, ostensively to powder her nose, Lulu took her leave, as did Tom a few moments later.

Archie waited a long time and surmising that he was the third man out, he headed to the concierge for another copy of what was his only key. (Let this be warnings to you, when you check in to Bruha’s Hotel, always ask for an extra key for the missus). By the time Archie got back into his hotel room, Lulu and Tom-tom had beaten it by limo to the Crystal Palace where Lulu had taken my suggestion about not wearing cloths and Tom-tom was turning the Palace in his pal’s ass. Did I mention that Lulu was an anal wonder?

In any event, before turning off her phone, Lulu had sent Arch a text in which she politely canceled their night of bliss, she said her sister in Arkansas was having a baby and she had to be at the hospital to offer familial support, Lamaze and that heavy breathing stuff. But ever the considerate escort, Lu texted that she had left the three big ones under Archie’s pillow. Of course, when Arch flung the pillow across the room there wasn’t any mula, neither there nor anywhere. Screwed again! Fucked without the fucking! Oh, that little bitch,” thought the Arch. And the hundred and fifty dollar champagne bottle was missing from the mini bar. Ahi-yi-yi pass the tequila.
Between a chess game with the mini bar bottles and forgetting he had already taken his meds twice, Archie woke up in the three days later in the hospital.

CONTINUED IN PART 2


-- Modified on 4/10/2011 12:24:32 PM

-- Modified on 4/10/2011 12:36:12 PM

When Archie recovered, he wrote a scathing review outlining what he thought was not only cruel and unusual conduct by a girl he thought was his friend, but unprofessional fucking conduct as well. The review stood for three days and then the feedback evidently hit the fan and the review was taken down. The reasons why was long in cuming, but the reason given was that since Archie had lauded Lulu in his first review, his bad review was inconsistent. Maybe it was because Archie labeled Lulu as a thief? Maybe it was that Lulu interceded and said Arch was a “nut bag.” Whatever, Archie complained that he was scammed, that he was taken, conned, and he did not want others to be treated equally badly. He felt the first three dates were designed to set him up, which is typical for a con. We lack Lulubelle’s voice here so let guess what she would say, “she claims she left the money, she says she had to go, she might defend her right to change horse cocks in the middle of their stream, or was it bad breath?” What ever happened to the old chant that the customer is always right? Well these are new days and a new world and what went well for yesterday is as outmoded today as a covered blow job.
Arch, once he was recovered, went to the police to complain. He knew he might be charged but he felt he was the victim of a crime. The hotel dick told him that this was not an unusual happenstance and called it a “trick roll.” The metro cops were sympathetic and asked for a full description and photo of the escort and a list of her aliases. A local lawyer suggested that Arch had no recourse in a court and would be best to not throw good money after bad; when Arch insisted, the attorney suggested a court fight to pursue damages would cost between $20,000 to $25000 to pursue. Around that time, Arch hopped the jet back to the big Apple and as we are old friends, the first thing he did was call me up and ask me what I thought. So here goes, this is what “I told him....
The problem here is that prostitution is illegal in sin city. As a result, if you entered into a contract with a provider you have entered into an illegal contract and therefore the terms of agreement are unenforceable. This overrides almost every aspect of this case. Prostitution and solicitation are illegal, contrary to common misconceptions, in Las Vegas, Clark County, Reno and much of Nevada with a few exceptions where brothel are permitted in some rural counties.
Now, is the escort, Lulubelle, actually a thief? Has she committed larceny? Under Vegas’ controlling statutes a prostitute is guilty of larceny under the trick-roll statute, when she takes more money from a trick than they had agreed on. If she only took what was agreed on she could not be prosecuted under the trick-roll statute, whether they had sex or not the statute would apply under the solicitation. Had she not been thirsty she might have escaped prosecution under the trick-roll statute; however, bingo, she coped the champagne bottle, which was not part of the fee. Therefore she can be prosecuted for trick roll. However, a judge, looking at the agreement and the fact that there was she did not provide her part of the bargain, i.e. sex, might feel that the taking alone would have qualified her for a trick roll.

Trick roll is a serious offense, as it constitutes a robbery, a serious felony, with a conviction that might lead to years of imprisonment. This constitutes a robbery as a result of the elements of the statute, even though no force or fear was used to, a prerequisite that commonly distinguishes robbery from simple theft. “A person who commits robbery is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.” In Archie’s case it is grand larceny (theft of over $250), petit larceny involves stealing items worth less than $250. Note that the victim of the theft can be awarded the value of the property under the Comprehensive Theft Statute, where property valued between $250 and $2500 is a C felony, which carries a jail sentence of 1 – 5 years and a fine of up to $10,000. Property taken when valued over $2500 is a B felony, which carries a jail sentence of 1 – 10 years, and a fine of up to $10,000.

But did she steal the money? Let’s dance around the legal theory a bit. If she did what she claimed and took the money out of her purse and left it under the pillow, then at that point one might argue that her custody of the money ended. If she left the money and went off to ride the broom stick, then she is only culpable of bad judgment in leaving the loot unsecured, and that is always the question to be determined by the trier of fact, that a third party might have stolen the money (although if found innocent she may still be liable for the loss).
Now if she took the money out and put it under the pillow and then changed her mind and picked it up, then at the point she had laid the money down, one might say that the chain of custody had been returned and was no longer hers, in that broken, and one might argue that when she picked it up again, at that moment she became a thief. Or, in the alternative one might argue that she at no time gave up control of the money so any argument of change of status of custody of the funds was mute.

Now if a prostitute takes a deposit and fails to perform or refund, is this a theft? Strictly speaking, no, if it were a legal contract then the remedy would lie in contract law and not criminal law. However, since the contract was illegal and therefore unenforceable, there is little chance of a applying a civil remedy.

Is this a case of conversion? Conversion is defined as the un-permitted taking of another’s money. Perhaps, but a tort action seems unlikely. However, there is a crime called “obtaining of property by false pretenses,” where there is a taking of control over someone else’s property; here it would focus on her falsely obtaining money in exchange for services, if the services were not rendered and the court feels it is a larceny by trick, they can sentence the party to jail and fine.

Does Archie have any recoverable damages? He figures he dropped more that five thousand just on the planed tryst, hotel, meal, air flight, limo and another five thousand for the out of state hospitalization that was outside his health net. Can he recover? Unfortunately, recovery is very doubtful unless the court orders restitution of part or all of the loss, after it has found Lulubelle guilty.

Now my concern was that Archie might get hit with a solicitation charge, after all he went to the trouble of informing the fuzz and in doing so he admitted his criminal involvement. Now you might say, if you were schooled in California law, that a furtherance of the act is required to find Arch guilty of solicitation, and since Archie never got to try on Lulu’s Belle, then he is not chargeable; for example, a masseuse in California who told an undercover vice cop “client,” that a blow job would cost him thirty dollars extra, could not be charged in California if the there was no sex subsequently performed, which is to say, her open mouth ever got near the cops prick. However, and here is the big point, solicitation in Las Vegas, as in Florida, does not require any furtherance of the act, just a simple agreement for a twenty minute fuck-a-roo is all the vice squad needs to hit you with a summons. So Arch is at risk. Can he depend on the grace and good will of the sympathetic detective handling the case? You tell me! Well perhaps he can, because vice does not like a sloppy pro that makes sin city’s rep look bad. Judges tend to hand out harsher sentences to prostitutes than to their clients because prostitutes are often repeat-offenders with long rap sheets, while johns are not generally repeaters and often do not have a criminal record.

None the less, my concern is based on the proposition thatn the state of Nevada solicitation so easily arrives at a criminal charge, even an offering or agreeing to engage in prostitution—in other words, attempted prostitution, is considered an actionable solicitation.  It is not necessary that the exchange of sex for money never takes place; solicitation alone is illegal with punishment equal to that of prostitution.
What is considered evidence of prostitution in Nevada? The following facts are scrutinized: The police look to see if the hooker is carrying a client book or large amounts of cash and/or condoms; if the customer is carrying as well; if the arresting officer witnessed money being exchanged or overheard an agreement for sex for dollars; on a more remedial level, the police look to see if the hooker is wearing sexually provocative attire (a judgment call); also, if the officer will look to see if the pair is driving to an agreed-upon destination. All of this circumstantial evidence is typically used in the prosecution of those charged.

There is some justice in the statutes, and this is one argument you might like to remember, if a customer calls a Las Vegas escort service looking only for a date to an event, he/she will not be prosecuted for prostitution even if the escort assumes that the customer wants sexual favors.

Prostitution and solicitation are misdemeanors, the least serious class of crime other than traffic tickets, and if convicted, face fines of up to $1,000, and/or a maximum six months in jail. If convicted, the evidence will then be used against prostitutes if they’re arrested again arrested for prostitution, at which time prostitution charges will be brought as felonies (also applicable to john).

........So, in conclusion, that is the sad tale of my pal Archie, whom I advised to take off a few weeks and head over the pond to attend the royal wedding which no doubt will be the beginning of a new adventure for Arch and the royal twosome..... Oh yes, I will post separately some comments on TER’s review system.




-- Modified on 4/10/2011 12:33:28 PM

that is the most salient event in the whole story.   I agree with your analysis about his cash, he is screwed.  But he should have his say in review court.  Even if he gave good reviews in the past, this falls under the category of rip-off (TER review definition, not state of Nevada).

I think that a new review should have included that there had been a number od successful meetings before the provider turned on him.  I AM disappointed that TER removed a VALID warning review.  

Now Lu may have left the cash only to have the Casinova score it, or housekeeping may have gotten one hell of a tip...  
I have to agree with Archie, that Lu should have had the class to fulfill her agreement before running off with someone else.

This story would make a great law school exam question.electoral erminsta

Did you find out why it was taken down? Maybe with persistance you can get it back up. Women who have reviews have a chance to respond. I have to agree she was a bitch. I am not a model and not perfect but I care about people and have never had a bad review yet. First of all, it was wrong of her to leave at all (she could have schedule him another time) and secondly if she cancelled yet had spent some of her time with you she should have kepts some of the money but not all and discussed it first. Overall you got fucked and I think that sucks. I obviously am a provider and do not want bitches like that making my quality TER clients not want to use my favorite reviewing site.

From a provider standpoint too, we should be allowed to reply because not all connections work out well due to personality differences and any man we piss off can write a fake review. I can understand why she doesn't have any bad reviews, because I doubt she would have pissed you off if she didn't have the other guy to run too, but most hobbyists like variety so he may not see her again and then she will be sorry she lost you.