There are many different defenses to prostitution crimes in Nevada. This includes all types of human sex crimes such as human trafficking, human pimps and prostitutes, statutory rape, forcible rape, kidnapping, molestation, sexual battery, public charge offenses and more. These different defenses are all ways to try and make a court order to keep a person who has been accused of a prostitution offense from serving their time in jail. However, each prostitution defense has it’s own set of laws and regulations that can help to defend any type of prostitution charge. They can vary depending on each individual case and even state law.
The defense to prostitution in Nevada first decides if there is a “special circumstance” involved with the accusation of prostitution. The special circumstances could include any type of prior sex crime, such as a previous human trafficking or sexual assault conviction. The court will look at all of these things when determining if the person is guilty of a prostitution charge. Other special circumstances include if a person was under the influence of drugs or alcohol at the time of the arrest, if the victim is mentally impaired at the time of the arrest or if the victim is on parole or in jail. Any other situation that could show a defense to prostitution would need to be proven by a preponderance of the evidence.
Another common defense to prostitution crimes in Nevada is called the “innocent spouse” defense. This is used when a woman is caught in the act of prostitution by her husband or boyfriend. The “innocent spouse” defense to a charge of prostitution claims that the sex act was not done with the intent to become pregnant or to engage in sexual activity.
Another common defense to prostitution in Nevada is the “juries in fact” argument. This argument is used for a sex crime defense where a person is charged with having sex in a place where it wasn’t legal such as a public place, in front of children, etc. with someone who was not actually involved in the sex act. The person may argue that the sex was not actually completed in these locations because neither person was actually present at the time of the sex act.
Defense to prostitution crimes in Nevada also includes the “wrongful termination” defense. This is a defense to prostitution in that it states that a person didn’t actually have sex with the other person but was let go or let because of some type of misunderstanding. Defenses to prostitution crimes in Nevada can also include the “wrongful provocation” defense. This defense states that if a person was engaged in the act of prostitution and someone entered a public place such as a business with a valid reason, such as stopping for a vehicle broken down, then the person could use the “wrongful provocation” to get out of the charge. This is used more so with spousal rape charges.
Other defenses to prostitution in Nevada involve a “malicious prosecution.” This is a legal defense, which states that the state or the prosecutor was trying to use improper means to make an example out of the defendant. For instance, they could use prostitution as a way to accuse a man of stealing money or a woman of infidelity. Even though this argument doesn’t have much merit in the eyes of the court, it’s something that is frequently used to defend against sex-related charges.