By BILL FREEHLING
Spotsylvania County's top prosecutor says Virginia's prostitution law could be expanded to avoid having detectives pay for oral sex as part of an investigation.
Commonwealth's Attorney William Neely said yesterday that Virginia's prostitution law doesn't forbid paying for certain sexual acts--including fondling. The law requires the act to be either intercourse or oral sex.
Neely said that aspect of the law put the county Sheriff's Office into a "dicey" position during a recent investigation into the Moon Spa--a now-closed massage business on State Route 3 in Spotsylvania that is suspected of prostitution.
Authorities say a detective, who is single and who volunteered, paid for oral sex last month at the Moon Spa in order to strengthen the case against the owners of the business.
The story has swept through national media outlets since it was first reported Monday in The Washington Post. Neely said he got a steady flow of calls from reporters yesterday. Conservative talk-show radio host Rush Limbaugh read details of the story to his audience yesterday.
"It's a dirty job, but somebody's got to do it," Limbaugh said on the program. "Can you imagine the waiting line for this job? There's probably no unemployment in Spotsylvania, Virginia."
Many legal analysts and citizens have criticized the decision--saying it put the officer's health in jeopardy and was unethical. Some have said charges could still have been filed if the detective had stopped the alleged prostitute before the sexual act.
Neely and Spotsylvania Sheriff Howard Smith sent out a statement Monday saying a language barrier made it difficult for the detective to verbally negotiate a sexual act with the women at Moon Spa. They said it was necessary to commit a physical act to strengthen the case and file the felony sodomy charge.
The Post reported that the detectives paid employees at the Moon Spa hundreds of dollars during their four visits in January. Smith said the oral sex occurred only one time.
But Neely stressed yesterday that no tax dollars were used during the sting. The money used came from assets seized from drug dealers during previous investigations, Neely said.
Smith said Monday that he expects to recoup all the money spent and more when the prosecution is completed. His office seized four vehicles and more than $35,000 during the prosecution of two now-closed area massage parlors in 2003 and 2004.
Detectives paid for and received sexual services as part of that investigation as well, and it was reported in The Free Lance-Star. But that story didn't explode nationally like the recent one.
A man and woman accused of operating the Moon Spa--without a license--and three women accused of living there have been charged thus far on offenses including prostitution and sodomy. Investigators expect additional charges will be filed.
Prostitution is currently a misdemeanor punishable by a maximum of a year in jail. Neely said he is thinking about discussing the prostitution statute with state legislators to urge them to close current loopholes and enhance the severity of the offense.
"It does leave an opening," Neely said about the current law.
Staff reporter George Whitehurst contributed to this story.
To reach BILL FREEHLING:
Email: bfreehling@freelancestar.com