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Columbus police and school officials confirmed that Ohio State defensive tackle Adolphus Washington was busted in a prostitution sting second week of December 2015. He was arrested and charged with a first degree misdemeanor of solicitation. Several of our clients have been caught in similar stings on "backpage.com" by the same female officer Kendall Teiga, whose posts reference something like "no law enforcement allowed!" No kidding! There's a photo not showing her face and usually it's a female wearing lingerie. Officer Teiga rents a hotel room and hides a video recording device in a purse or something on the counter in the hotel room. She asks for the money to be put on the counter in front of the camera, and "what do you want." Then, if the person puts down money and asks for sex, in come the troops to make the arrest.
Multiple reports have shed light on what happened. According to one report, Washington replied to an ad under “escort services” that was tagged “New to Columbus? Experience the best.” He then went to a hotel in the Crosswoods development area not far from I-270 and U.S. 23. Once he showed up there, the officer texted him to come to a specific room number. Once Washington had entered the room, agreed to the price of $100 for a particular sex act, he was arrested. He was cooperative with the police.
Later on, it came out that he was actually also carrying a gun on him at the time as well. Washington did have a permit to carry a concealed firearm, however, which he also had on his person. His attorney, Phillip Templeton, stated that Washington did not know what he might be walking into. He showed the gun and permit to the officers and they gave the gun back to him.
Because of the incident, Washington was suspended from participating in the Fiesta Bowl on January 1, 2016 against Notre Dame. Coach Urban Meyer announced the news on Friday, December 11, 2015. The news about the pistol had only made matters worse. Urban Meyer had four core values for the program, and he said carrying the pistol violated one of them:
He might have violated more than one of them considering he was allegedly looking to pay a woman $100 for sex.
Ohio law states that “[n]o person shall solicit another who is eighteen years of age or older to engage with such other person in sexual activity for hire.” “Sexual activity for hire” is defined as an implicit or explicit agreement for a sex act in exchange for anything of value paid to the person engaging in such sexual activity, to the pimp, or to anyone associated with either of them. The solicitor need not actually have engaged in the sexual act itself with a prostitute to be charged with solicitation. The solicitor can be the seller (prostitute), or the customer of sex services (the john). Soliciting is merely asking, and not carrying it out.
In the statute, the crime is defined as a third-degree misdemeanor. A third-degree misdemeanor carries a financial penalty of not more than $500 and not more than 60 days of jail time. If the solicitor had tested positive for AIDS, and knowing this solicited for sex, it is a felony of the second degree, carrying a penalty of 2 to 8 years in prison and/or a fine of up to $15,000. If the solicitor solicited a sixteen or seventeen-year old with knowledge, or should have known, or was reckless in that regard, then it is a felony of the fifth degree, carrying a penalty of 6 to 12 months in prison and/or a financial penalty of up to $2,500. If a person solicits someone who is sixteen-years-old or younger (with or without knowledge), or someone is developmentally disabled (and has or should have reasonable cause to know this), then the offense is classed as a felony of the third degree, carrying a penalty of 9 months to 5 years in prison and/or up to a $10,000 fine.
Ohio Law further prohibits loitering for the purpose of prostitution. Loitering includes any of the following things in or near a public place for the purpose of soliciting someone to engage in prostitution:
A person who has another person get in her car for the purpose of prostitution is guilty of loitering.
In Washington’s case, he was charged under the Columbus City Code, 2307.24. Therefore it appears he is facing a more serious maximum of 180 days in jail and/or up to $1,000 in fines. The Columbus City codes are much more severe than State Law.
There are many ways a defendant can defend against a solicitation charge, but relying on a seasoned Ohio criminal defense lawyer is the first step in crafting your defense. Some common defenses include asserting that you were not the one committing the crime of solicitation, and that you did not have the intent to commit the crime, meaning that you had no intention to pay the person for a sexual act. It is not illegal to pay for companionship, dates, or romance. So if one doesn't mention the sex act, she cannot be convicted of solicitation. Or if the suspect asks for sex, but doesn't mention money, he will have a defense. To obey the law, pay for companionship or sell companionship, but don't pay for sex or offer to sell sex.
In Columbus, we can assist you in enrolling in a type of diversion program that may result in the dismissal of the charges. To be eligible you must contact us before the initial appearance, because not all prosecutors will offer the diversion program to alleged sex offenders.
Wolfe Legal Services can help you defend against a solicitation charge. An attorney will advise the best legal strategies for your particular case, discuss defenses, and inform you on how the process will go forward. Especially in cases where you have a history of repeated offenses, you may be facing heftier penalties, and you shouldn’t take chances in court by not having a legal professional by your side. You don't want a sex offense on your record! Call Attorney George Wolfe today for a free, confidential consultation at (614) 263-5297.
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