Creative Defenses- Prostitution

A State Representative in Florida was arrested for allegedly offering $20 for the right to perform a oral sex on another man. The Rep, Bob Allen, is another Republican with a strong anti-gay family values voting record. Instead of going to rehab Mr. Allen puts forth a defense of necessity.

“This was a pretty stocky black guy, and there was nothing but other black guys around in the park,” Allen, who is white, told police in a taped statement after his arrest. Allen said he feared he “was about to be a statistic” and would have said anything just to get away.

I’ve prosecuted prostitution cases, never defended one. It never occured to me that Necessity could be a defense.

Would this work in Texas? Here is our necessity law.

Conduct is justified if: (1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm; (2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct.