Sex Trafficking in the United States

The term `commercial sex act’ means any sex act on account of which anything of value is given to or received by any person. (Victims of Trafficking and Violence Protection Act, 2000).

Trafficking in Human Beings for Sexual Exploitation

Trafficking of women is a hot political topic and it has become an even hotter legal issue since the adoption in 2000 of the United Nations Convention against Transnational Organised Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (adopted in Palermo, the choice of location for an instrument purporting to tackle organised crime proving, finally, that at least one person at the United Nations has a sense of irony).

Trafficking in Human Beings is a worldwide phenomenon, and it goes well beyond the sex trade. People are trafficked for (forced) marriage, for adoption, for begging, to work in sweat shops and in the fields, to work as cheap or even unpaid domestic labour. Trafficking in Human Beings, then, is not just about enforced prostitution.

Domestic Minor Sex Trafficking

It is the commercial sexual exploitation of children who live within the United States borders. They may be U.S. citizens or children who have migrated to the United States. This term
assists in differentiating these victims from those who have been trafficked from other countries into the U.S. specifically for the purpose of performing sexual acts (“international sex trafficking”) and who will have significantly different support needs for rescue and recovery. International trafficking typically occurs in association with more complex criminal acts, may entail international investigative jurisdictions for prosecution purposes and results in a greater need for diverse victim services.

It is critical to note that according to the federal Trafficking Victims Protection Act (TVPA) (Victims of Trafficking and Violence Protection Act, 2000), sex trafficking of a child younger than 18 years of age does NOT require use of force, fraud or coercion by the trafficker in order to induce the child to engage in a commercial sex act. Transportation is not required for a victim to be regarded as being ‘trafficked’.

According to the US Department of State (United States Department of State, 2010), sex trafficking may include child pornography production in that a child will be sexually abused and photographed or videotaped for the purpose of financial gain by the producer. Children exploited in this manner are recruited and harbored for the express purpose of making a commercial pornographic movie.

Production is the component of victimization that entails sex trafficking. Once the movie exists, its distribution or possession is not considered part of sex trafficking. Pornography production may also be an associated aspect of sex trafficking when it is for the purpose of intimidation, extortion and degradation of a victim by the trafficker, or when child pornography is produced for online advertising for perpetrator demand. (Farley, Cotton, Lynne, Zumbeck, Spiwak, Reyes, Alvarez, Sezgin, 2003).

Traditional views of the prostituted child depict the child as voluntarily engaging in sex acts in exchange for something of value, and imply the child possesses the maturity and cognitive ability to fully understand and consent to such acts, the ability to engage and renounce the activities at will, and an equality of power and influence between the child ‘prostitute’ and the pimp, or offender who is selling the child as a commodity. Society often depicts such children as ‘troubled’, ‘bad’, and deserving of the adversities that befall them. In short, there has been a long standing misconception that children are voluntarily “engaging in prostitution” and as such, are often charged with such crimes as pandering or soliciting. While the TVPA clearly describes children who are being trafficked for sex as victims, state laws do not necessarily mirror this view.

In fact, 39 states still allow prosecution of children for ‘prostitution’ or ‘solicitation’ and the age definition of ‘child’ varies by state. Other states provide immunity for children under age 16 or 18 years, have ‘diversion’ options for minors engaged in ‘prostitution’, or offer ‘affirmative defenses’ (e.g. provide an explanation for a defendant’s actions that excuses or justifies his/her behavior.)(National District Attorneys Association, last updated Feb. 2012)

The view of the sexually exploited youth as a victim rather than a perpetrator has major implications for the way children are treated by society, and the help and services available to them and their families.

Although they are victims, children often suffer the stigma of child prostitution. Until recent years, society has done little to help children who are sexually exploited and has taken a harsh and punitive view of their actions. This is slowly changing, as public awareness and understanding increase. The impact of the major change in philosophy regarding commercial sexual exploitation of children victims may range from changes in the use of derogatory terms to changes in legal actions taken against children, and public services available to child victims, funded by federal, state and local sources. Trafficking of minors is cited as the most underreported form of child abuse. (Estes & Weiner, 2005) and is perhaps the most extraordinary

Sex Trafficking in the Criminal Justice System

This section covers the topics below related with Sex Trafficking :

Crime

Trafficking in Persons and In the Spotlight: Trafficking in Persons

Sex trafficking and Refugees

A definition of Sex trafficking, in the context of refugee resettlement and non-emergency repatriation, may be provided here: The recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act, in which a commercial sex act is induced by force, fraud, or coercion, or in which the person is forced to perform such an act is under the age of 18 years.

Resources

See Also

• Refugee Resettlement
• Non-Emergency Repatriation

Resources

See Also

• Crime
• Trafficking in Persons and In the Spotlight: Trafficking in Persons