It is difficult to prove prostitution and adultery in court - Edudzi Tamakloe on arrest of prostitutes

A Private Legal Practitioner, lawyer Godwin Edudzi Tamakloe, has indicated that people engaging in prostitution may get away with the crime since it is difficult to prove it in court without empirical evidence.

According to him, the burden of proof in every criminal trial is on the Prosecution Officer, as it is solely the business of the Prosecutor to establish that the person standing at the roadside at an odd hour is soliciting for sex in exchange for something.

Speaking on Okay FM’s 'Ade Akye Abia' Morning Show, Lawyer Edudzi Tamakloe reiterated that the police have not been successful in prosecuting prostitutes in court due to lack of evidence beyond the suspicion that some people are standing at the roadside engaging in prostitution.

“In every criminal trial, the burden of proof is on the prosecution. You are claiming that she is engaging in prostitution and so you assume the burden to prove that the woman you saw standing at the roadside was standing there for the purpose of soliciting for sex,” he stated.

“Often time, the rule of the game is the evidence. Have you seen any successful prosecution of a prostitute before? Unless you use the tactics of entrapment, it is almost always difficult to see that the lady standing at the roadside is engaging in prostitution,” he added.

He emphasized that, “when you see a lady at an odd hour, it raises suspicion that she may be engaging in prostitution but a multitude of suspicion can never form the basis of guilt of a person. So, a multitude of suspicion is not enough”.

He further stated that the situation of prostitution is similar to adultery in divorce; thus, it is almost always difficult to prove adultery as the act is supposed to be done in secrecy.

According to him this is similar to adultery in divorce. It is almost always difficult to prove adultery because it means that either a married woman or a man has slept with another person who is not their spouse, but sex is supposed to be done in secrecy; much the same way is the issue of prostitution.

To him, the only way out to prove a case of prostitution is for the police officer or the investigator to hide a body camera and move to the place suspected to harbor prostitutes and then capture on tape the negotiation leading to the solicitation of sex for monetary gain.

“It is only then you can say that you have evidence on tape that she is soliciting for sex in exchange for something, but if it does not happen like that, it will be difficult to prove that they are engaging in prostitution,” he reiterated.