Arrest Safety Planning

An arrest safety plan is a set of actions to help ensure safety and reduce risk when an individual is arrested. This basic template can be adapted for people involved in sex work, criminalized victims of trafficking, or undocumented individuals. Here are some steps that may be included in an arrest safety plan:

Stay calm

It is important to remain calm and composed during the arrest to avoid any misunderstandings or further escalation.

Know your rights

Learn and understand your legal rights, including the right to remain silent, and to have an attorney present.

Contact a trusted person

Have a trusted friend, family member, or lawyer who can be contacted immediately following the arrest.

Prepare an emergency contact list

Make a list of phone numbers for emergency contacts, including family members, attorneys, and organizations that may be able to assist you.

Avoid resistance

Resisting arrest can lead to further charges, and potentially cause physical harm to yourself or others. It's best to comply with the police and avoid any physical resistance.

Stay silent

It is generally advisable to remain silent during the arrest process and not provide any information other than basic identification.

Document everything

Write down all the details of the arrest, including the time, location, names of police officers, and any physical injuries sustained.

Seek legal assistance

Contact an attorney as soon as possible after the arrest. They can provide guidance and support, and ensure that your rights are protected.

Remember, every situation is unique, and it is essential to tailor an arrest safety plan to the individual’s specific needs and circumstances.

Know the Laws Regarding Commercial Sex

The legal landscape concerning commercial sex varies across different jurisdictions. Definitions of prostitution often encompass engaging in, agreeing to, or offering sexual conduct in exchange for money or something of value. Sexual conduct can include activities like vaginal, anal, or oral sex, as well as manual stimulation. However, there are instances where the boundaries are unclear, and the determination of prostitution may depend on whether there is touching involved and if it is deemed to be oriented toward sexual gratification. It is worth noting that there have been cases of false arrests, where individuals such as fetish workers, dancers, or others have been wrongly accused of prostitution even when they were not involved in such activities.

Certain states have additional laws that allow for the arrest of individuals for “Loitering for the Purpose of Engaging in a Prostitution Offense.” In these cases, law enforcement must observe a person in a public place, such as streets, parking lots, or cars, repeatedly stopping or attempting to approach passersby or drivers with the intention of offering sex in exchange for a fee.

Clients of sex workers can face charges for “Patronizing a Prostitute.” Furthermore, the offense of “Promoting Prostitution” entails actions such as receiving money from another person’s prostitution activities or assisting someone else in engaging in prostitution by procuring clients, providing a workspace, or managing advertisements. This offense is considered more serious than prostitution itself and can result in felony charges.

Legal perspectives on sex work and the enforcement of related laws can vary, and discussions surrounding these issues often involve differing opinions and debates about how best to approach them. It is important to know the laws in the areas you live and work and how they may impact you.