What are the defenses that can be used for sex crimes in Michigan?
There was no sexual conduct that occurred
The fact that there was no sexual conduct that occurred is also a defense. Prostitution itself does not occur when there is no sexual act that is committed for payment. Where the intent is to merely have sexual congress with someone and not to give payment after the act, there is no prostitution to speak of.
Solicitation, prostitution, pimping, pandering, maintaining a house of prostitution, and transporting a female for prostitution are all punished by the same act – the sexual act. Where the intent behind the actions of pimping is to commit prostitution, it is considered that a crime has already occurred.
There was no sexual conduct that occurred for a fee
It is also a defense used that there was no sexual conduct that occurred for a fee. It is difficult to prove that there was payment or a fee paid unless the act has been caught by the authorities.
In one case, a woman was charged with prostitution. She was charged because she has had sexual relations with many men, which she admitted. She received gifts from these men after their sexual congress but the prosecution failed to prove that the gifts were given as payment for the sexual acts. Was there prostitution to begin with? With the woman as our client, we pushed the prosecution to prove that the client indeed received the monetary gifts and favors as payment for the sexual congress but were mere gifts?
Is gift-giving a defense?
It depends on how good your lawyer is. When you have a lawyer who knows how to make any circumstance match your defense then gift-giving is a good defense.
In some instances, men and women within a relationship give each other gifts for them to show their love and this is not given in exchange for sexual favors or fantasies but is just given as a token of love. This is a perfect defense for individuals who have received gifts from other individuals that they have had sexual congress.
What if I have a record for solicitation?
If you already have a record it is more important now that you get yourself a good lawyer to handle your case. A good lawyer should be able to give you a background on how he will defend your case in terms of solicitation or prostitution.
If you already have a record you will have an even greater need to have a lawyer who will provide you with the perfect defense that would protect your rights. Keep in mind that going to jail is not the worst thing that could happen to you in terms of a sex crime conviction in Michigan because there is more.