2 Conn. Cir. Ct. 594 | Conn. App. Ct. | 1964
The issues involved in these appeals are identical. They were all argued together and may be disposed of in a single opinion. In each of the cases, there was a conviction of and sentence for violating § 53-226 of the General Statutes, which forbids anyone to engage in prostitution.
The facts are simple enough. The special service squad of the Bridgeport police department received numerous complaints over a long period of time that illicit sexual relations were being carried on in the premises located at 1022 Boston Avenue in Bridgeport. A plan was conceived by the police department to investigate complaints relating to prostitution. On October 29, 1963, at about 9:30 p.m., Maurice Eichenblatt, accompanied by Peter Freer (both connected with the police department) and a man named Marvin, knocked on the door of the premises in question. Gretchen Fergerson responded. All three men were admitted into the house and went into the living room. Eichenblatt asked: “What’s doing?” Mrs. Fergerson
“Prostitution is not an offense at common law, but it is generally made such by statutes which make it a distinct offense.” 2 Wharton, Criminal Law and Procedure, p. 582; see 2 Brill, Criminal Law § 1063. “Prostitution, to be sure, normally suggests sexual relations for hire.” Cleveland v. United States, 329 U.S. 14, 17.
Prostitution is an offense usually committed in secret. State v. Sinodis, 189 N.C. 565, 567. Surely it cannot be suggested in the cases before us that the conduct of the defendants amounted to nothing more than frivolous banter and inconsequential
The facts were sufficient reasonably to support a finding, at least prima facie, that the defendants offered their bodies for sexual intercourse for hire within the meaning of the statute. “[T]he trial court could properly draw inferences from their failure to testify. Certainly when these were added to the other . . . [facts] in the case, it could reasonably conclude that the defendants had been proven guilty of the crime charged.” State v. Rich, 129 Conn. 537, 540; see State v. Andrews, 150 Conn. 92, 104.
There is no error.
In this opinion Kietmoetth and Leviete, Js., concurred.
The appeal in State v. Fergerson, Circuit Court, No. CR 2-12996, was set down for Monday, April 20, 1964, for oral argument before this appellate panel. The defendant Fergerson withdrew her appeal on April 17, 1964.
In support of the statement, the court, in a footnote, cited the Oxford English Dictionary: “Prostitution ... Of women: The offering of the body to indiscriminate lewdness for hire (esp. as a practice or institution) ; whoredom; harlotry.”
Connecticut is among the sixteen states whose statutes explicitly define prostitution to include promiscuous intercourse without hire. See Model Penal Code, p. 175 (Tent. Draft No. 9). The British attitude toward prostitution is quite different from ours. According to the British viewpoint, prostitution in itself is not an offense against the criminal law. “[I]t is not illegal for a woman to 'offer her body to indiscriminate lewdness for hire/ provided that she does not, in the course of doing so, commit any one of the specific acts which would bring her within the ambit of the law.” Wolfenden Report, p. 132 (1963).