Legal Question in Criminal Law in California
Can I file a law suit aganst the County for discrimnation
Because they only arrest the women and not the men they are both braking the Law? Every once in awhile they set up stings( And make sure that the Media knows all about them so the smart men will know and only the dumb guys get arrested) where they have female officers on the streets.
But when it comes to there Hotel stings and coming to someones home it is always against the women and never the Men.This is Discrimnation if I ever saw it and must be wronge.
2 Answers from Attorneys
Re: Can I file a law suit aganst the County for discrimnation
No, not until you've had something happen to you. There's nothing in your facts that indicate you've had anything happen to you. Stings against men, by undercover police women soliciting sex with men, are not announced in advance. It's just that wealthy men, that are so inclined, don't drive around picking up low class hookers. The issue of discriminating against a hooker, when a police officer observes an act of soliciting for prostitution and makes an arrest, has been raised numerous times in appeals. However, recently the arrests appear to be including all participants in the solicitation for, or act of prostitution. So is it fair? Yes, eminently fair.
Re: Can I file a law suit aganst the County for discrimnation
Yes, yes you can.
The truth is, there may be discriminatory practices by the government with respect to (1) the way a law is actually drafted, or (2) in the way the law is enforced. But your question is one which is mainly civil in nature, as opposed to criminal. A good criminal defense attorney, however, would be well-versed in all defenses, including that which your question brings up (if you'll pardon the pun): Equal Protection. A denial of equal protection in either the law itself, or in the way the government enforces it, is unlawful. I doubt that one criminal defense lawyer, without doing a whole bunch of research and homework, could say whether there is, in fact, discrimination in the way the laws against solicitation or prostitution are enforced in your area. So I can't say whether you have a [civil] case, or an equal protection argument as a defense. There just aren't enough actual facts before me. But if you feel strongly that there is, in fact, such invidious sexual discrimination going on (and you're not currently charged with a crime), I suggest you consult with a civil rights attorney who may be better able to assess your claim.
If you feel strongly, do something. Talk to several attorneys if you don't get the answer you're looking for the first time. And don't let anyone make you feel like you can't make a difference in this world.
Kindest regards,
JACQUELINE GOODMAN RUBIO
Attorney at Law
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