DA will alter prostitution policy if court finds bias

Thursday, Oct. 18, 2001 | 9:42 a.m.

CARSON CITY -- If the Nevada Supreme Court finds that the Clark County district attorney's office is unfairly prosecuting female prostitutes, then the policy on charging their customers will get tougher, District Attorney Stewart Bell said.

"We will try them all," Bell said after he had defended his present policy before the state's high court Wednesday. The DA's office now allows male customers arrested for the first time to enter a diversion program while the female sellers are prosecuted.

Lawyer William Terry, who challenged the policy to the high court, argued the policy amounts to "selective prosecution," discriminating against women but giving a break to their male customers.

Terry said the policy initially read that prosecutors were not to negotiate a deal with the female prostitute but allowed the male customer to enter a one-day counseling session that focuses on the dangers of prostitution. The session is $400.

The policy was modified to apply to "seller" and "buyer," eliminating any reference to gender. Still, Terry argued, most sellers are women and most buyers are men, which amounts to sexual discrimination.

Justice Nancy Becker noted there are male prostitutes -- "not many but they do exist."

The policy is not intended to discriminate against women, Bell said. Rather, the aim of the policy is to eliminate prostitution in Southern Nevada.

He said 873 of 874 customers arrested were male, and they opted for the diversion program. Upon completion, the arrest record is expunged. The program has a 99 percent success rate, he said.

Outside the courtroom, Bell said women can make more money by signing on with one of the city's many outcall services, which he called fronts for prostitution but require that employees carry a work card.

If convicted of prostitution, the offender loses her work card and cannot be employed by any outcall service.

Bell, if he loses the appeal, said he will immediately treat the buyer and seller equally, eliminating plea negotiations for both. "But we will not get as much bang for the buck," he said.