The defendant was charged twice for soliciting and being a nightwalker for the purpose of prostitution in Brockton. She was convicted in a bench trial but appealed the charges. The Superior Court dismissed the charges, finding that the police policy of only arresting women for prostitution and not arresting male customers was unconstitutional. The appellate court affirmed the dismissal, agreeing that failing to charge the male customer present during one of the incidents was an unequal application of the law and violated the defendant's constitutional rights.