Legal Question in Business Law in California

Solicitation of prostitution

I have been trying to get an investor for my smll business. After running some ads, I met with a man who wasted endless hours of my time over two meetings and a dozen emails, acting interested, only to finally email me in writing, telling me he would only invest if I had sex with him. I run a childcare biz...not a whorehouse. I am so furious over having my time wasted and so offended by this man's suggestion. I have never sued anyone in my life, but after this whole experience, I want to sue this guy. How can I present this to a lawyer? What exactly can I sue him for? Mental anguish? Breach of verbal contract? The guy has millions and should not be playing games like this with a legitimate buisness woman...it really hurt to be so led on and then let down. Suggestions???


Asked on 3/22/07, 11:41 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Solicitation of prostitution

There doesn't seem to be a private right of action for solicitation of prostitution; the closest civil action you could bring would be for sexual harassment. Whether your facts are sufficient to win such an action is a question you'd have to address to a specialist in this kind of tort law, rather than under the heading of business law.

Mental anguish would be part of your claim for damages. I suspect that proof of any substantial amount of monetary damage would be the chief stumbling block to a big judgment, but maybe the principle of the thing rather than the money is your motivating force.

Whether there is a breach of an oral contract here is somewhat doubtful, but your lawyer should probably add a cause of action for this when writing the complaint.

If the prospective investor has millions, he will probably spend heavily on his defense in order to protect his reputation; or, maybe, he will offer you a quick out-of-court and confidential settlement.

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Answered on 3/22/07, 1:09 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Solicitation of prostitution

I can't tell from the facts you have provided whether you have a cause of action against this man or not. There's nothing illegal about declining to invest after lengthy negotiations. Demanding sex in exchange for the investment is a crime, but a single such request probably doesn't amount to sexual harassment or anything else over which you can sue.

You mention suing for breach of contract, but nothing you wrote suggests that you and the investor had a contract in the first place. He can't breach a contract unless you and he had already formed one. It sounds like the two of you were still negotiating the terms of such a contract; if that is the case then no contract had yet been formed.

I might see things differently if I had more information.

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Answered on 3/22/07, 3:10 pm


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