There have been several questions on FreeAdvice about being a driver for call-girls. The answer has been that the obvious legal risk to the driver is similar to that of a pimp; if the girl has illegal sexual conduct with her client, the driver is an accomplice. (one such post is [url]http://forum.freeadvice.com/showthread.php?p=1815375&posted=1#post1815375[/url])
Although a lot of escorts do break prostitution laws, escort agencies often screen their girls to make sure they do not have criminal records and then make it very clear in writing that no illegal activity such as prostitution is permitted. Girls who get charged with sex crimes are fired from agencies that want to remain in business.
Similarly, could a driver use a contract to have the call-girl certify that she will not engage in illegal sexual acts or any other illegal behaviour with her client? Would such a document serve as an affirmative defense for the driver if the escort was caught in a prostitution sting?
Typically the role of the driver is to take the escort to her call, then wait outside in the car until it is over. The escort has a distress signal if something is wrong like calling her pager (which the driver holds on to), messing with the blinds, or turning on and off lights. If that happens the driver also doubles as security to get the escort out of the situation.
The wording I thought about for such a document would set up a contract between the driver and the escort where the service (driving and security) would be in exchange for a certain amount of money and a legally-binding promise that all conduct during the call would be legal.
I would expect that even with that document, if the call-girl was busted the driver would be intensely questioned by police. Would such a document likely prevent the driver from being taken into custody or charged, would it be likely that the driver would be charged but acquitted based on the document, or would it do no good at all?
I realize this answer will be specific to Ohio but I'm trying to help these previous posters clarify their questions as well as ask my own, so I'm looking for general US law advice as well as Ohio law. I have to think that a careful person could find a way to be a driver for escorts without taking on the legal liability of the escort; after all, how can the driver know what's going on behind closed doors?
If illegal acts violate the contract, then I would think that would protect the driver from legal responsibility by showing that the driver performed due diligence in seeking out escorts who do not break the law.