On Sunday, August 23, 49ers owner Jed York, 46, was arrested in Ohio on two misdemeanor charges: engaging in prostitution and possessing criminal tools. York’s arrest came after he responded to an advertisement posted by an agent of the Mahoning Valley Human Trafficking Task Force (MVHTTF) on a known prostitution website. In his response, York arranged to meet with the agent on Sunday morning, agreeing to pay $160 in exchange for “full service sexual activity.”
On Monday, August 24, York took a plea deal. In exchange for a no contest plea, the engaging in prostitution charge was reduced to a fourth-degree misdemeanor charge of disorderly conduct. The charge for possession of criminal tools was not changed. York was sentenced to one day in jail for each charge, which he was allowed to serve concurrently, as well as $1,150 in fines. As part of his plea, York was credited with having served one day in jail.
In the days following York’s arrest, both the 49ers and the NFL issued statements regarding the incident. The 49ers said the team had no comment, stating that it considers the legal matter to be resolved. 49ers coach Kyle Shanahan commented that he believes this is a “personal situation” that does not need to be addressed further. Michael Irvin, former wide receiver for the Dallas Cowboys and current sports commentator, shared similar sentiments to Shanahan on a recent N3on livestream: “He got divorced 5-6 months ago so I’m like ‘Man, come on. Is that really a crime?‘ Let that man go. Leave it alone… Everybody’s paying for it.”
The NFL, however, has indicated the matter could result in further sanctions for York, stating that it is aware of the situation and that it will be reviewed under the existing personal conduct policy. The NFL’s policy requires everyone who is part of the league to refrain from behavior detrimental to the integrity of and public confidence in the league.
York’s arrest is concerning not only because of what he did, but because it is part of a larger, exploitative pattern. Powerful men have long been able to treat the purchase of sex as a private matter, often without any meaningful consequences, and the NFL is no exception.
Back in February 2019, New England Patriots owner Robert Kraft was arrested and charged with soliciting prostitution after he was videotaped receiving oral and manual sex from a woman at an illicit massage business in Florida. Afterwards, Kraft gave the woman a $100 bill. At the time, the NFL said it would take appropriate action under its personal conduct policy. Notably, the NFL did not discipline Kraft. Although the charges against Kraft were eventually dropped on evidentiary grounds, the fact that York is now facing review under the same NFL personal conduct policy raises an obvious concern: will the NFL actually hold one of its owners accountable this time?
More importantly, these types of incidents should not be dismissed as “personal situations” or “family matters.” The purchase of sex is not simply a private transaction between two individuals – it drives the demand for a commercial sex market in which women and girls are vulnerable to exploitation and abuse. The CSE Institute advocates for the Equality Model, which recognizes the role that demand plays in sustaining commercial sexual exploitation. The Equality Model has four central tenets: (1) decriminalization of people in prostitution, (2) criminalization of sex buyers and facilitators, (3) public education, and (4) funded, comprehensive exit services for survivors.
An additional concern raised by York’s plea deal is the fact that, should York ever attempt to or successfully buy sex again, there will be no recidivist penalties. Because the charge of engaging in prostitution was reduced to disorderly conduct, there is no evidence on York’s criminal record that he previously attempted to buy sex. Accordingly, should he be charged with engaging in prostitution again in the future, his sentence would not reflect that his conduct would be a pattern of problematic behavior.
The CSE Institute commends the MVHTTF for its work investigating commercial sexual exploitation and identifying individuals seeking to purchase sex. Conversely, the CSE Institute is disappointed in the plea deal offered to York by the Columbiana County Prosecutor’s Office. We call on prosecutors to apply the law equally and hold all sex buyers accountable for their role in fueling the demand for commercial sex.
The NFL now has an opportunity to show that its personal conduct policy means what it says. We should not accept a system in which wealth, status, or power allows sex buyers to avoid responsibility. If the NFL is serious about maintaining the integrity of its league and public confidence in its organization, the CSE Institute urges the NFL to start holding all its members accountable for their harmful, exploitative conduct.
All views expressed herein are personal to the author and do not necessarily reflect the views of Villanova University Charles Widger School of Law or of Villanova University.