We rented and watched the movie I am Sam the other night, and in one fairly early scene a prostitute engaged Sam in conversation – pretty obviously flirting with him, he oblivious to the fact that she is doing so (let alone that she is a hooker), she oblivious to the fact that he is mentally retarded or developmentally disabled. Then the police come in and bust both of them.
I’ve seen variations on this theme in other movies and TV shows from time to time.
Am I incorrect in assuming that such arrests would not be legitimate arrests, and that no charges could be leveled at either party (give or take corrupt local officials in the police force and/or judiciary at any rate), without more taking place than these stereotypical incidents show taking place?
Specifically: Wouldn’t one party or the other need to outline a proposition that sex take place in exchange for a consideration in order for a crime to have taken place?
Quite aside from the letter of the law, am I incorrect in assuming that, aside from TV and movies, police officers do not go around arresting someone for “prostitution” or “soliciting a prostitute” for doing no more than walking back and forth on the sidewalk or hanging out in a hotel lobby or other pickup-worthy locale (female) or being found in the company of someone who happens to be known to be a prostitute? And that if they did, an individual subjected to such arrest would have no difficulties showing up in court and having the charges dismissed for lack of evidence?