SAN FRANCISCO, Calif. – Sex worker advocacy groups the Erotic Service Providers Legal, Education and Research Project (ESPLERP) and Call Off Your Old Tired Ethics (COYOTE RI) have issued a joint statement condemning the verdicts – and the process that produced them – in the recently concluded trial of Backpage.com executives.
It took two trials and six years for the government to secure a conviction of Backpage founder Michael Lacey, who was acquitted on one charge of money laundering and convicted on another. The jury deadlocked on the other 84 counts against Lacey.
“The prosecution of Backpage is a textbook example of a false narrative,” said Maxine Doogan, of ESPLERP. “The Government claims that Backpage’s adult sections encourage ‘trafficking’ – despite no charges to that effect. It’s all a sham. The owners of Backpage are not charged with trafficking. They are charged with profiting from prostitution. There isn’t a federal law against prostitution, but they have invented a way to go after the money, using obscure provisions of the Travel Act to apply state-level criminal violations (from Arizona) that cross state lines.”
In the statement, the advocacy organizations said that on “one level, you have to admire the extreme invention and persistence of the Department of Justice,” noting that the DOJ was “under immense political pressure and determined to get Backpage.” The organizations also noted that the judge in the case barred the defense from telling the jury about Section 230 of the Communications Decency Act, “the law that would hypothetically protect the defendants’ actions,” holding that “the section applies only to state crimes, not federal crimes.” The groups also observed that this ruling was likely to be part of the defendants’ appeal.
“This is part of a widespread anti-sex work crackdown,” said Bella Robinson of COYOTE RI. “In this case, there is prosecutorial misconduct, two trials, multiple defendants, and sadly persecuting one of those defendants into despair and suicide.”
“The case against Backpage.com rests entirely on the criminalization of sex work,” added Claire Alwyne of ESPLERP. “If sex work were decriminalized, as it is in multiple countries (like New Zealand), there would be no case – just adults engaging in consensual commercial sex. That would allow sex workers who face harassment, assault, theft, trafficking, or other crimes to get the same justice as any other worker. It would also stop law enforcement arresting consensual sex workers and our clients.”
In a press release issued November 17, the DOJ noted that in addition to the conviction on a single count of money laundering for Lacey, Scott Spear was “convicted of a conspiracy to violate the Travel Act by facilitating prostitution, and multiple separate violations of the Travel Act, along with a conspiracy to commit money laundering and multiple separate money laundering violations.”
John Brunst, meanwhile, was convicted of a conspiracy to violate the Travel Act by facilitating prostitution, along with a conspiracy to commit money laundering and multiple separate money laundering violations.
According to DOJ, “Lacey, Spear, and Brunst each face a maximum penalty of 20 years in prison for the money laundering charges. Spear and Brunst also face up to 5 years in prison for the Travel Act violations. Federal District Court Judge Diane J. Humetewa will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.”
