For those of you hiding under a rock lately, the UofL men’s basketball program is being investigated by the NCAA (and other entities) as the result of allegations which have arisen from a book written by woman who alleges she was paid to provide exotic dancers and prostitutes (including two of her own daughters) to UofL men’s basketball players and recruits. She alleges a person officially associated with the program paid the money and that the deeds occurred in a dorm on UofL’s campus.
I’ve been asked by several people whether or not anyone involved in the UofL men’s basketball sex scandal is going to jail. I doubt it, for a number of reasons. Could someone go to jail for what transpired? Sure. Kentucky has an entire section of the Kentucky Revised Statutes (K.R.S.) dedicated to crimes relating to prostitution. I will address the sections of the law which could apply to the allegations in the UofL situation. The crime of prostitution is contained in K.R.S. §529.020. This statute makes it a crime to engage in or agree or offer to agree in sexual conduct with another person in return for a fee. “Sexual conduct” is defined as “sexual intercourse or any act of sexual gratification involving the sex organs.” In Kentucky prostitution is a “B” misdemeanor. This subjects to offender to a court date in a Kentucky district court, potential maximum jail time of less than 90 days, and a maximum fine of $250.00. Court costs can be assessed as well. Individuals convicted of prostitution or procuring prostitution under K.R.S. 529.020 are subject to mandatory HIV testing.
Kentucky also criminalizes the acts of pimps. K.R.S. §529.040 makes it a crime for anyone who “knowingly advances or profits from prostitution.” “Advancing prostitution” is defined as “acting other than as a prostitute or as a patron thereof, he or she knowingly causes or aids a person to engage in prostitution, procures or solicits patrons for prostitution, provides persons or premises for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise, or engages in any conduct designed to institute, aid or facilitate an act or enterprise of prostitution.” This crime in an “A” misdemeanor and subjects the offender to a court date in a Kentucky district court, potential maximum jail of up to a year in jail, and a maximum fine of $500.00. Court costs can be assessed as well. If the prosecution can additionally prove the offender “managed, supervised, controlled, or owned, either alone or in association with others, a house of prostitution activity by two (2) or more prostitutes”, the offender can be prosecution for a “D” felony. This subjects the offender to a court date in a Kentucky circuit court, potential jail time between one and five years, a fine of $1,000.00 to $10,000.00 (or double what the Commonwealth can prove the offender financially gained from the commission of the offense), and court costs.
There must be corroborating evidence of prostitution. No person in Kentucky can be convicted of prostitution solely on the uncorroborated testimony of a patron. A pimp cannot be convicted solely on the uncorroborated testimony of an alleged prostitute.
A person can also be convicted of permitting prostitution in Kentucky. K.R.S.§529.070 says “a person is guilty of permitting prostitution when, having possession or control of premises which he knows or has reasonable cause to know are being used for prostitution purposes, he fails to make reasonable and timely effort to halt or abate such use.” This crime is a “B” misdemeanor.
Clearly, the women alleged to have engaged in sexual conduct with the UofL basketball players/recruits, and the UofL players/recruits, could be subject to prosecution for prostitution, and could be looking at 90 days in fail, a fine, and the payment of court costs. The woman at the center of the allegations who received money from the UofL associate and provided the women for the UofL basketball players could potentially be subject to a felony prosecution. And the UofL associate is potentially subject to both promoting prostitution and permitting prostitution at the UofL dorm. Will these individuals be prosecuted? I can’t answer that question. The only people who can answer that question are the UofL or Louisville Police, the Jefferson County Attorney, and the Jefferson County Commonwealth Attorney.
Note: In Kentucky, misdemeanor prosecutions must be commenced within one year after they were committed. There is no such limit on felony prosecutions.