Erectus Interruptus

I had seen his face hundreds of times before, but never knew his name until now. He lives in a beautiful house, just off the "Members' Tees" at the 11th hole at my golf club. A pleasant looking chap in his mid-sixties, yet a little rotund and not exactly who women thumb through the pages of Cosmo to look at. After seeing his name and photograph in my local newspaper I seemed to recall that his wife had died a couple of years ago. Sad, but death is a natural part of life. Sad, too, was the reason that his name and picture where in the newspaper: patronizing a prostitute.

Yes, a police "sting" operation had finally brought him to justice. This depraved individual was now off the streets. Society was now safe from his need for companionship, or simple sexual satisfaction. We were all safe, now that his crime was exposed for all to see. All it took was some hot looking babe with big breasts and a short skirt, and, oh yeah, a badge.

I think of this story every time I get to the 11th Tee. I must admit; I do have mixed feelings about investigating and enforcing the prostitution laws. There are some very good reasons behind the various state statutes, including:

• Religion
• Social morality
• Public health and safety
• Taxation
• Neighborhood deterioration (property and business values)
• Sex-slave trafficking
• Other related crimes, i.e., drug abuse and addiction
• Womens' rights issues (dehumanizing, exploitive, etc.)

There is also a very good, time proven reason for prostitution to exist: the human need for sexual contact.

No, I'm not an anthropologist, nor a philosopher. I'm not writing about reproduction or survival of the fittest. It is simply my observation that prostitution is not called the "world's oldest profession" without cause.

So, how do detectives handle "sex-trade" investigations in today's schizophrenic, puritanical, "T&A" society (that's "tits & ass" for us old timers)? I've already described one way above: the "sting" operation, using female decoy officers.

Take, for example, this August 3, 2006 story by Ginger Gibson, of The News Journal (link to full story below):

Standing on the side of U.S. 13 near New Castle, Cpl. Melissa Ivans didn't look like a state trooper.

Shorts and a tank top replaced the usual bulletproof vest and utility belt. Add some fake bruises to the arms and neck from the dirt off a car tire and Ivans was ready to try attracting johns on the prowl for sex.

State troopers operated a prostitution sting Wednesday afternoon, which led to the misdemeanor arrests of at least three men on charges of soliciting sex... This operation was Ivans' second time to pose as a prostitute for a state police sting.

She nabbed the first john Wednesday afternoon.

"You have to be improper," Ivans said. "And not do much talking, they'll start talking to you."

Further in the story, the reporter quotes Lt. Jason Sapp of the Delaware State Police as saying:"...the sting is intended to act as a deterrent for johns and prostitutes, and restore a safer environment to the neighborhoods where the prostitution occurs.

The main problem with prostitution is that the activities occur in neighborhoods with families and children, he said, adding the purpose of the stings is to restore a sense of safety to community members.

And Capt. Robert Coupe with the criminal investigation unit at Troop 2 is quoted as saying that the "...state police hold a prostitution sting about twice a year during the summer and spring months."

Sting operations such as these take place around the country. Some of those arrested will have their names and sometimes their photographs published in the newspapers. Others, like the men in this story, will have their vehicles seized, and face sizable fines.

For sting operations to be successful, investigators must be aware of the entrapment issue. A man asking a woman for sex is not a crime in most places, yet offering money in return for a sex related act, is. Decoy officers must avoid bringing up the issue of payment, either directly or by implication. In most cases, once the offer is made by the "john," an arrest will follow. To avoid the "he said, she said" scenario, it is best for the decoy officer to be wearing a microphone, and for the entire incident to be video taped, so long as these recordings are in compliance with state laws, or by court order.

The standard prostitution operation

Investigators, usually but not always male, will respond to street locations ("strolls," as we call them in New York), or indoor locations such as massage parlors, apartments, houses, etc. These investigators will make it known that they are requesting sexual acts, but again they will stop short of offering money. Rather, the investigators will wait for the potential prostitute to make a demand for payment. Historically, arrests have been made at this point, prior to any sexual contact.

Innovative and controversial operations

I like to call this Copulus Completus! Yes, it is an intentional play on the words "cops" and "copulation," but this innovative program was actually mandated by the prosecutor and sheriff of Spotsylvania County, VA.

In Spotsylvania, investigators were actually required by their department to pay for and complete the sexual act before making an arrest. Does this qualify under the "it's a tough job, but someone's gotta do it" scenario? Or perhaps, "nice work, if you can get it."

But remember, not every prostitute looks like Julia Roberts in Pretty Woman. Sometimes, clichés like "be careful what you wish for" also can also apply.

But, getting back to Spotsylvania, you may be interested in the following story from the Washington Post (full story available at link below):

Limelight Shines On Lewd Tactics
Spotsylvania Is Talk of the Nation

Spotsylvania County's practice of allowing detectives to receive sexual services in prostitution cases has exploded across the nation, fueled by snickering bloggers and talk radio shows, and the county's top official has asked the sheriff to stop using the investigative technique.. [Spotsylvania County Sheriff] Smith, an elected official, did not return several calls yesterday. In a joint news release Monday, the day the practice was reported in The Washington Post, Smith and the county's chief prosecutor, Commonwealth's Attorney William F. Neely, defended the tactic. They said detectives needed to go beyond striking verbal deals of sex for money because the "masseuses," whom they called "illegal aliens," spoke little English and Virginia's prostitution laws require more than "mere touching" to make a case."

There were dozens of stories about this policy that appeared in publications around the world. The sheriff indicated that only non-married, volunteer officers were being used in this case, which centered on a massage parlor called the "Moon Spa." This investigative technique appears to be modeled after a long-term narcotics buy operation rather than a buy-and-bust. Apparently, investigators made several trips back to the Moon Spa to expand their investigation prior to making a raid. This investigative technique has fallen victim to the public exposure of this story by the national media and the resulting social outcry from the community.

Another innovative investigative technique is the use of confidential informants (CIs). The Hillsborough County, FL, Sheriff's Department has also taken a page out of the narcotics investigation playbook, and they have spared their sworn officers from having to put it all on the line to catch prostitutes in the act. They allow CIs to complete the sex acts and then arrest the prostitutes. Here is an interesting story from the St. Petersburg Times (full story available at link below):

How far is too far for the sex cops?

TAMPA - Two Hillsborough County sheriff's detectives working a prostitution case listened on a bugging device as their undercover informant in a nearby motel room got oral sex from a woman he paid $200.

Court records present a scene of the detectives finally bursting into the motel room and arresting 35-year-old Karadine Rieder. She and the informant were naked, and in the middle of the sexual act.

This story is well worth the read. Reider's attorney makes some good points regarding the right of the state to engage in sex acts, and a sheriff's deputy defends the use of CIs by stating that …the sheriff does not want us to remove our clothes or expose our sexual organs…

Another story appeared in Nashville's Tennessean (full story available at link below):

Police defend prostitution tactic
DA says encounters using informants unnecessary

Metro police spent almost $120,000 over a three-year period to foster encounters, mostly skin-on-skin, between confidential informants and prostitutes in an effort to further Nashville's crackdown on the illicit sex trade.

Confidential informants pocketed more than $70,000 of that, with the rest going to providers of sexual services, according to police records from 2002 to 2004.

Unless and until state legislatures decide to change the law, there will always be a public demand for the enforcement of laws involving prostitution. I am fully supportive of the innovative use of investigative tools, laws, and "out of the box" thinking. Perhaps federal and state prosecutors should pay more attention to this issue by exploring the use of the RICO statutes (see link below) against this organized group of criminals, as well as the IRS and state tax laws, rather than by exposing our officers to both public and, er, private scrutiny.

I just hope that the fellow on the 11th Hole can find a girlfriend before I see his picture again.