Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Thursday, March 3, 2011

Police Treatment of Child Sex Workers: Victim or Criminal? (Lit Review)


Summary: The articles below examines police reports on child sex trade from various cities across the United States. At the time they were written, none of the cities examined (and very few cities nationally) had any laws or policies regarding the treatment of underage prostitutes as victims, not criminals. As I have mentioned elsewhere, there is an age of consent law in every state (somewhere from 16-18 years old). According to those laws, underage prostitutes are being raped by their customers. They cannot consent to having sex with their customers, so how can they be guilty of selling sex? Yet, according to the first article below, 40% of the youth in question (out of a sample pool of 126) were treated as criminals rather than victims. The youth in the second article were treated more harshly: only 31% were treated as victims, and 16% were treated as victims and criminals. The youth in the third article were treated as criminals and victim at about a 50%/50% split. In the cases where those in question are treated as criminals, laws against prostitution trumped age of consent laws. There were several factors that seemed to influence how the individual was categorized. When their exploiter (pimp) was present or easily tracked, the individual was often treated as a victim. When the individual was "not local" (personally, I read into this that "not local" is code for immigrant or person of color), they were often treated as a criminal. The author provides ideas for best practice, which include training police officers to spot sexual exploitation of minors and treat them as such.



Factors That Influence Police Conceptualizations of Girls Involved in Prostitution in Six U.S. Cities: Child Sexual Exploitation Victims or Delinquents?Stephanie Halter
    1. Plymouth State University, New Hampshire, sjhalter02@plymouth.edu

Abstract

This study examined how the police conceptualize juveniles involved in prostitution as victims of child sexual exploitation (CSE) or delinquents. Case files from six police agencies in major U.S. cities of 126 youth allegedly involved in prostitution, who were almost entirely girls, provided the data for this inquiry. This study found that 60% of youth in this sample were conceptualized as victims by the police and 40% as offenders. Logistic regression predicted the youths’ culpability status as victims. The full model predicted 91% of youth’s culpability status correctly and explained 67% of the variance in the youths’ culpability status. The police considered youth with greater levels of cooperation, greater presence of identified exploiters, no prior record, and that came to their attention through a report more often as victims. In addition, the police may consider local youth more often as victims. It appears that the police use criminal charges as a paternalistic protective response to detain some of the youth treated as offenders, even though they considered these youth victims. Legislatively mandating this form of CSE as child abuse or adopting a ‘‘secure care’’ approach is needed to ensure these youth receive the necessary treatment and services.

To purchase full article, go to:
http://cmx.sagepub.com/content/15/2/152.abstract

Conceptualizing Juvenile Prostitution as Child Maltreatment: Findings from the National Juvenile Prostitution Study (Child Maltreatment)

Kimberly J. Mitchell

  1. David Finkelhor
  2. Janis Wolak
  1. Abstract
Two studies were conducted to identify the incidence (Study 1) and characteristics (Study 2) of juvenile prostitution cases known to law enforcement agencies in the United States. Study 1 revealed a national estimate of 1,450 arrests or detentions (95% confidence interval [CI]: 1,287—1,614) in cases involving juvenile prostitution during a 1-year period. In Study 2, exploratory data were collected from a subsample of 138 cases from police records in 2005. The cases are broadly categorized into three main types: (a) third-party exploiters, (b) solo prostitution, and (c) conventional child sexual abuse (CSA) with payment. Cases were classified into three initial categories based on police orientation toward the juvenile: (a) juveniles as victims (53%), (b) juveniles as delinquents (31%), and (c) juvenile as both victims and delinquents (16%). When examining the status of the juveniles by case type, the authors found that all the juveniles in CSA with payment cases were treated as victims, 66% in third-party exploiters cases, and 11% in solo cases. Findings indicate law enforcement responses to juvenile prostitution are influential in determining whether such youth are viewed as victims of commercial sexual exploitation or as delinquents.

To purchase full article, go to:
http://cmx.sagepub.com/content/15/1/18.short


Conceptualizing Juvenile Prostitution as Child Maltreatment: Findings from the National Juvenile Prostitution Study

Jeremy M. Wilson

    1. RAND Corporation, Pittsburgh, PA
  1. Erin Dalton
    1. RAND Corporation, Pittsburgh, PA

Abstract

This analysis explores the extent and characteristics of human trafficking in Columbus and Toledo, Ohio, including the response to the problem by law enforcement agencies. Through a content analysis of newspaper accounts and interviews with criminal justice officials and social service providers in each city, the authors identified 10 cases of juvenile sex trafficking and forced prostitution in Toledo and 5 cases of trafficking for the forced labor of noncitizens in Columbus. The offenders and victims involved in the sex trafficking cases were largely from the local area, whereas those involved in the labor trafficking cases primarily involved foreign nationals, thereby illustrating at least one role the heartland plays in transnational crime. The authors compare the different responses to human trafficking in the two cities and suggest how to raise awareness about human trafficking and improve the responses of law enforcement agencies to the problem.


To purchase full article, go to:

Wednesday, March 2, 2011

Why Seattle?

It is thought that Seattle and Portland are major hubs for child sex trafficking in the United States. While there has been a great deal of focus on these cities, particularly after the infamous 2010 FBI raid, it is difficult to say with certainty where the problem is because of the clandestine nature of the crime. It is very difficult to compare cities because there is no consistent methodology for measuring. What is clear, however, is that access to technology and increasing gang involvement are driving more young girls into prostitution in cities such as Portland and Seattle that attract young people.


Authorities list a few reasons why Seattle's sex trafficking problem may be worse than in other parts of the country:
  • there is a major sex trafficking highway running from Mexico, through California, Oregon, and Washington, and then up to Canada
  • the city’s famously robust homeless youth population is a beacon for opportunists on the hunt for desperate kids
  • there is a major sex trafficking highway running from Mexico, through California, Oregon, and Washington, and then up to Canada
  • Seattle's status as a port city, where sailors often seek out prostitutes
  • proximity to the border with Canada, where prostitution is legal and sex trafficking thrives
  • a decades' long historical pattern of sex trafficking to California and Nevada
Historically, Seattle has had extremely lax laws and penalties for the exploiters and predators. This changed in late 2010:

Before the law change, customers paid a $550 fine for soliciting sex. Now they face 21 months to 12 years in jail and a $5,000 fine, which will be deposited in a special prostitution prevention and intervention account.
• Under the old law, pimps were not subject to a fine. Now they face nearly 8 to 26 ½ years in jail and a $5,000 fine.
• Buyers of prostitution previously could say they did not know the age of the victim. That is no longer a defense. Defendants have to prove a reasonable attempt was made to determine the true age of the victim.
• A child-sex-trafficking victim charged with a crime previously may have been ineligible for crime-victim's compensation because of participating in the crime of prostitution. Under the new law, a minor is considered a victim and can receive benefits through a compensation program. 



Van der Voo, L., & Smith, C. (2011). Prostitution of children in Seattle mushrooms, while Portland's reputation suffers. Investigate West


Federal  Bureau of INvestigation news link:

Monday, February 28, 2011

Sex Trafficking Into The United States: A Literature Review (Criminal Justice Review)


(This article is an excellent primer and introduction to the issue of the domestic sex trade)


Edward J. Schauer and

  1. Elizabeth M. Wheaton
  1. 1Prairie View A&M University
  2. 2Temple University

Abstract

This study is an investigation of the literature relating to the trafficking of women and children into the United States for sexual exploitation. The intent is to discover the extent and complexity of the problem, the cost in both human and economic terms, and research directions toward the development of probable political, legal, economic, and social solutions. A subject rife with research possibilities and probable solutions, trafficking is poorly defined, differentially and intermittently quantified, and handicapped by obsolete legal codes and a sexist prostitution enforcement paradigm. Recommended are state statute creation, police training and paradigm change, and increased/broadened victims’ services.
  • To purchase full article, go to:

Wednesday, February 23, 2011

The Problem with Prosecution

In the United States of America The Trafficking Victims Protection Act of 2000, enhances pre-existing criminal penalties in other related laws, affords new protections to trafficking victims and makes available certain benefits and services to victims of severe forms of trafficking. Under this law, one option that has become available to for some victims who assist in the prosecution of their traffickers is the "T-Visa" that allows the victim to remain in the United States of America.
Due to the highly clandestine nature of the crime of human trafficking, the great majority of human trafficking cases go unreported and culprits remain at large. There are reports that many human traffickers are associated with international criminal organizations and are, therefore, highly mobile and difficult to prosecute. Sometimes members of the local law enforcement agencies are involved in the lucrative business of illegal exportation or importation of human beings. Prosecution is further complicated by victims of trafficking being afraid to testify against traffickers out of fear for their and their family members' lives.
In order to combat the globalization of this criminal behavior, international policies and practices that encourage civil participation and cooperation with trafficking victims in the prosecution of traffickers have to be developed. Human trafficking laws must provide serious penalties against traffickers, including provisions for the confiscation of property and compensation for victims. At the same time, training is needed to ensure that an insensitive investigation and prosecution process does not further traumatize trafficking victims.
Technical cooperation among countries and international law enforcement agencies is essential for investigating the extent and forms of trafficking and documenting activities of international criminal organizations. Special training is needed to develop the skills of local law enforcement agencies in the area of investigation and prosecution.
Source, transit, and destination countries should provide support mechanisms for trafficking victims involved in judicial activities. These would include extended witness protection services and opportunities to institute criminal and civil proceedings against traffickers. Destination countries should have a system of social support for victims and consider residency permission on humanitarian grounds for trafficking victims who cannot return home and/or cooperate with prosecutors.
It is also important that the police, prosecutors, and courts ensure that their efforts to punish traffickers are implemented within a system that is quick and respects and safeguards the rights of the victims to privacy, dignity, and safety.

(Courtesy of: Advocates for Abandoned Adolescents (http://advocatesforabandonedadolescents.com) Human Trafficking Organization (http.//www.humantrafficking.org), United States Victims Protection Act (www.state.gov/documents/organization/10492.pdf))

Tuesday, February 22, 2011

Underage Prostitution and the Sexual Exploitation of Young Girls in Seattle: A Presentation at SU Law School

This week, February 21-25, is Diversity Week at Seattle University's Law School.

I attended a lecture this afternoon entitled "Underage Prostitution and the Sexual Exploitation of Young Girls in Seattle." I was lucky enough to experience Leslie Briner from YouthCare as the speaker (I was very impressed with her at the Town Hall meeting on child sex trafficking last month). It was to address the following: The Women’s Law Caucus and SYLAW-SU present a discussion about a largely impoverished and marginalized population and the legal responses or approaches that can be taken.

Leslie Briner shared the same video that was shown at the Town Hall meeting, called "The Making of a Girl." She believes it to be a story representative of many girls who become involved in the sex trade. The video is posted below, as well as the fact sheet provided by YouthCare.



Prostitution and Trafficking Fact Sheet

·         The average age for a youth entering prostitution in the United States in 12-13 years old

·         90% of youth who have been commercially sexually exploited (CSE) have some history of abuse, neglect, or sexual trauma

·         The issue of commercial sexual exploitation is estimated to effect 150,000 to 350,000 youth annually in the United States and up to a million worldwide (however, it should be noted that no empirical measure has been devised that can validate that statistic with accuracy)

·         A 2007 King County needs assessment identified 238 youth being commercially sexually exploited. From that study a prevalence number was determined that 300-500 youth are commercially sexually exploited in Seattle/King County each year

·         Youth are recruited from: transit areas such as bus stops and train stations, any place homeless youth congregate, group homes, shelters, youth drop-in centers, middle and high schools, malls and shopping centers, places that employ teens and, with increasing frequency, youth are recruited through the internet.

·         It is believed that 1/3 of chronic runaway/homeless youth will have some brush with survival sex or prostitution. In urban centers runaway/homeless youth who have just arrived are approached by pimps and exploiters, often within 48 hours

·         In the United States there are less than 75 dedicated beds serving CSE youth (including the new YouthCare programs). Those cities with specialized services are: Los Angeles, New York, Atlanta, San Francisco, Boston, and Seattle.

·         Youth who are clearly under the age of consent (to have sex with an adult) are arrested for prostitution every day. In effect, criminalizing the youth for their own abuse and exploitation. This is referred to as the offender/victim status

·         The programs at YouthCare, in Seattle, will be the first of its kind to also serve boys and trans-gendered youth. All other existing programs are (female) gender specific