In recent years, law enforcement and prosecutors across the country have increasingly focused their attention not just on those who sell sex, but on the individuals accused of buying it. The strategy is simple: target the demand side of the sex trade to stamp it out. However, a recent unanimous ruling by the Massachusetts Supreme Judicial Court (SJC) signals that the courts may be growing wary of aggressive prosecutorial overreach in pursuit of that agenda.

The case in question stemmed from a 2021 undercover sting conducted by the Massachusetts State Police. Officers posted fake online ads for sex, arranged meetings with the men who responded, and then arrested them. While such operations typically result in misdemeanor charges for paying for sex—a charge that carries a maximum of 2½ years in jail but rarely results in jail time—the Plymouth County District Attorney’s Office escalated the matter dramatically. Five men were charged with felony sex trafficking, which carries a mandatory minimum five-year prison sentence upon conviction.

Prosecutors argued that by responding to the ad, the men were complicit in trafficking. But the SJC firmly rejected this logic. The court held that simply agreeing to the terms of an offer from someone believed to be a sex worker does not amount to trafficking, which by statute requires conduct aimed at “enticing,” “recruiting,” or “obtaining” someone for sex.

This decision is a crucial check on the growing trend of using heavy-handed charges to make examples out of buyers. It also underscores why anyone accused of a sex-related offense needs a tough, experienced sex crimes defense attorney who can scrutinize the evidence and challenge overly aggressive prosecutions.

Understanding the Legal Landscape for Buying Sex in Massachusetts

Massachusetts has made several changes to its laws in recent years under pressure from anti-trafficking advocates. The current penalties for paying for sex include:

• Misdemeanor Charge – Paying for sex is typically charged as a misdemeanor with a possible sentence of up to 2½ years in jail.
• Felony Sex Trafficking Charges – In rare and extreme cases, prosecutors may attempt to charge individuals with felony trafficking, which carries a minimum five-year prison sentence, although the SJC ruling restricts this application.

Although misdemeanor charges rarely result in incarceration, law enforcement agencies routinely conduct sting operations targeting alleged buyers. These cases are often publicized in the media, contributing to reputational damage that can far exceed the legal consequences. In a related case, prosecutors publicly named over three dozen men accused of paying for sex in brothels located in upscale apartment building.

The trend reflects a broader push to shame and punish buyers through both legal and public channels. Even though the underlying charges are relatively minor, the cases are becoming more adversarial, more public, and more punitive in nature. The reputational damage of such cases is far reaching, especially for high profile people accused of buying sex, such as Cambridge City Counciler, Paul Toner, who faced pressure to resign.

The Importance of Skilled Criminal Defense

If you are accused of soliciting or paying for sex, especially as a result of a sting operation, it is critical to hire a criminal defense attorney who is well-versed in sex crimes and who is not afraid to challenge law enforcement’s tactics and evidence. Prosecutors may be under pressure to pursue a hardline agenda, but that does not mean your rights should be trampled or that you should accept an unfair outcome.

A skilled attorney will:

• Scrutinize the Evidence – Was the sting conducted lawfully? Were your rights violated during the arrest?
• Push Back Against Overcharging – Are prosecutors attempting to stretch the law to apply harsher charges than warranted?
• Protect Your Privacy and Reputation – Can steps be taken to minimize public exposure or resolve the matter discreetly?

The recent SJC ruling is a reminder that the courts can and do place limits on prosecutorial overreach. But without experienced legal representation, those accused of even minor offenses risk being swept up in a system that’s increasingly geared toward making examples of them.

Take Action Now

If you’re facing charges related to soliciting sex, don’t wait to protect yourself. Contact a proven criminal defense attorney with a track record of standing up to aggressive prosecutions and defending clients in high-stakes, high-profile cases. At Dhar Law, LLP, we have defended many high profile sex crimes cases in state and federal courts. Your rights matter. Don’t face these charges alone. Contact our award-winning team today at 617-880-6155