Here's the issue:
While the police may have a tough row to hoe in proving criminal culpability for the agency, a customer caught having sex with an underage escort provides the police and prosecution with a pretty easy target.
The criminal code specifically says this:
It is not a defence to a charge under section 153, 159, 170, 171 or 172 or subsection 212(2) or (4) that the accused believed that the complainant was eighteen years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant.
Section 153 for example could easily be brought against a customer who had sex for money (ie: exploitative relationship) with a 17 year old, and I doubt that a judge would consider "the agency told me she was 18" to be "all reasoanble steps to ascertain the age" of the escort.
Since no escort is going to show her ID to a customer, customers entirely depend on the agencies to check very, very thoroughly, and at the end of the day it is the customer, and not the agency, against whom the police have the easier, surer case, if it comes down to that.
Colour me worried that Cachet did not catch this. They may not be criminally culpable but customers themselves ought to demand better of the business. Hence my question, how good was this fake ID? How young did the girl look? Were there any things that Cachet could have done TO PROTECT CUSTOMERS?
It's not just about keeping their own asses out of jail here, this is also about providing a safe and legal experience for customers too.
Perhaps we should all be demanding an account from various agencies on what measures they take to ensure that the girls are of legal age, and in particular, what is Cachet going to be doing to make sure this doesn't happen again?