Diddy Back in Court: Defense Calls Prostitution Law ‘An Embarrassment to the U.S.’

Sean “Diddy” Combs returned to court on Thursday (Sept. 25) to advocate for his record to be cleared completely after he was acquitted of sex-trafficking but convicted of lesser prostitution charges.

Combs seemed in good spirits when he appeared in the courtroom, smiling and embracing his team of defense lawyers. It’s not surprising that the rapper has such affection for his legal team; they won a stunning trial victory in July, convincing jurors to acquit Combs of racketeering and sex-trafficking charges that could have subjected him to life in prison.

The jury did convict Combs of transporting Cassie Ventura and another ex-girlfriend referred to as “Jane” across state lines for “freak-off” sex parties with male escorts. Sentencing on these lesser counts is scheduled for Oct. 3, but Combs’ lawyers first got the chance to argue that the conviction should be wiped altogether.

One of Combs’ attorneys, appeal specialist Alexandra Shapiro, told Judge Arun Subramanian on Thursday that federal prostitution charges are antiquated and rarely enforced. The Mann Act, originally titled the White-Slave Traffic Act, has ugly origins in criminalizing interracial relationships in the early 1900s.

“The whole history of the statute is really, I would submit respectfully, an embarrassment to the United States of America,” Shapiro argued.

Shapiro said it’s Department of Justice policy to only level such charges when prostitution is done in a commercial context or tied to sex trafficking. And since the jury determined in their verdict that Combs’ girlfriends consented to the freak-offs, Shapiro argued, the Mann Act should be off the table.

Prosecutor Christy Slavik, meanwhile, countered that there is a legitimate government interest in regulating prostitution. Slavick said that even when prostitution is not strictly defined as sex trafficking, it can lead to other crimes like violence against women and drug use.

“All of those things were present here in this case,” said Slavik. “Ms. Ventura was getting punched in the face. Jane was getting hit and kicked. Mr. Combs was providing drugs to all parties.”

The lawyers also sparred over the defense’s creative argument that because Combs videotaped the freak-offs, these events constituted amateur pornography shoots protected by the First Amendment.

Shapiro noted that these events were “highly choreographed,” with “mood lighting” and “costumes.” But Slavik said Combs’ videography is entirely irrelevant to the question of whether people were transported across state lines for prostitution.  

Judge Subramanian peppered both sides with technical legal questions throughout the hearing and ultimately said he’ll issue a decision “very shortly.” He ended the proceeding by declaring that unless the conviction is wiped, he’ll “see everyone back here next Friday” for sentencing.

Federal sentencing guidelines suggest Combs will likely receive somewhere between two and five years of prison time next week, though judges have wide discretion to impose whatever punishment they see fit.

Combs’ legal team has asked that he be sentenced to essentially time served, since he’s already spent more than a year in jail. Prosecutors have not yet submitted their sentencing recommendation.