Escort services are legal in Utah. Unfortunately, state law has had to recognize and legitimize such businesses, which have long been perceived as fronts for prostitution. In doing so, government has had to strictly define the rules, prohibiting escorts from having physical contact with their clients.
A recent decision by Salt Lake District Attorney David Yocom not to prosecute a Sandy man accused of raping two escorts in his hotel room on consecutive nights in September has the potential to send a dangerous message. If escort service clients perceive there is no criminal liability to having inappropriate contact with escorts, it opens up a host of possibilities and dangers. Will this perception render the stated boundaries meaningless?Yocom told the Deseret News that he declined to prosecute the alleged perpetrator in these instances because there was insufficient evidence to support a guilty verdict before a jury in this community. However, the fact that the women were paid escorts also figured into the decision. "Obviously their trade had something to do with it," Yocom said.
No question, some cases are easier to prosecute than others. Crimes against persons are among the most difficult to prove, as they often deteriorate into finger pointing. A jury's decision will often hinge the credibility of witnesses.
Arguably, young women who are paid to provide companionship, dance and even strip for clients may have credibility issues when they cry foul. But because these women have elected to earn money in this manner does not suggest they relinquish their right to say no and have it mean something. If they did not consent to sex, it's rape.
Sandy Police, who brought these cases to the district attorney, believed there was sufficient evidence to charge the rape suspect. Yocom said his office's special victims team, which includes three female prosecutors, reviewed the evidence, interviewed the women and determined otherwise. The matter will not be considered any further, despite pressure to do otherwise, Yocom has said.
This should not dissuade police from taking seriously the complaints of any woman who says she was assaulted. No means no, regardless of one's station in life. The difficulty in any sexual assault is building a criminal case that supports the allegations.
The alleged rapes spotlight the inherent risks of the escort industry. Young women are lured to the profession by the prospect of making a great deal of money quickly, but the price they pay is much greater.
It would be nice to outlaw escort services all together. But, apparently, state lawmakers worry that would not be constitutional. In that case, state law or the industry itself should provide greater protections for escorts, including full disclosure about prospective clients. If young women elect to play this high-stakes game, they should have sufficient information to weigh for themselves the risks versus any perceived benefit.