There has to be an agreement to exchange sex for cash
Originally Posted by Chica Chaser
That's probably an element of the offense in just about any jurisdiction.
and that agreement has to be witnessed or participated in by LE.
Originally Posted by Chica Chaser
But I suspect this isn't a legal requirement; at least, I don't recall it from looking at the Texas prostitution law. It usually comes about that way, because it's
better evidence. But it's not necessarily a required element of the offense.
They don't have much of a case. . . . It is a he said/she said at this point. Deny deny deny, then totally shut up about it. If they try to intimidate you just invoke your right to remain silent....and stick to it! I would be very surprised if a prosecutor would actually file charges and take this to court, unless there is more to the story than we know about.
Originally Posted by Chica Chaser
They have to PROVE you guilty beyond a reasonable doubt. If there is no proof of activity beyond his word against yours, I don't see it standing up.
Originally Posted by wikdj
There would certainly be
evidence -- the guy's testimony. It's just a question of whether the jury would find that credible enough to believe beyond a reasonable doubt. I've been on the jury for a somewhat similar case, and you might be surprised on what basis jurors will be willing to convict. I was.
And of course, there may be an incentive to take a plea to avoid the time and cost of defending, if the prosecutors take it to court. It's not beyond the realm of possibility that they might play "chicken" -- acting as though they fully intend to go to trial, even when they really don't, in order to get a plea.
I won't venture to guess one way or another, since I don't practice in this area. Talk to your lawyer; he'll have a much better idea than any of us will.