Defense in sex-for-World Series tickets case: "You can be a slut; that's not illegal"

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I missed this one the other day, but our colleagues over at Out of Bounds pass along news of that lady who — allegedly! —  tried to get World Series tickets in exchange for sex. The news:  her lawyer is totally, totally awesome:

Even if Finkelstein intended to trade sex for tickets – which she
denies – that wouldn’t make her a prostitute, her lawyer argued
yesterday in Bucks County Court.  “You can be a slut; that’s not illegal,” attorney William J. Brennan said, comparing it to someone “who buys a woman a cosmopolitan and then has sex.”

The judge was not persuaded by that argument for some reason.  Baffling really.

Anyone up for a cosmo?