Why do discrepancies exist in how trafficking cases are handled?
In recent years, the American public has become increasingly aware of the sordid reality that is human trafficking. Due to the work of many committed organizations, advocates, lawyers and policymakers, awareness of the human trafficking industry is increasing. However, significant discrepancies exist in resources and access to legal services, leading many victims of human trafficking to be underrepresented and deprived of the constitutional right to due process. As we examine possible solutions to end the horror that is human trafficking, it is imperative to first recognize, understand and target the ways our judicial system fails to mete out appropriate justice to minors, BIPOC and those living in poverty.
In some areas, minors can be charged with prostitution.
In the United States, the legal age of consent is 18. However, in cases of child prostitution, some minors are arrested on charges of prostitution despite being below the legal age of consent. Many jurisdictions view victims of child sex trafficking as perpetrators when, in fact, they have no legal autonomy to consent to sex. Several states have zero Safe Harbor laws to protect minors from prostitution charges, regardless of the fact that children should not be charged for selling sex. In many other states, prostituted minors must meet specific situational requirements in order to be considered trafficking victims. Minors in these states can still be charged with prostitution.
When law enforcement systems focus their efforts on prosecuting victims instead of seeking out the true perpetrators, they only dehumanize the victims and exempt their captors from justice. This injustice is enabled by the fact that survivors in the US are often penalized for crimes they were forced to commit while trafficked—from prostitution to theft to drug trafficking. In fact, a 2016 survey of human trafficking survivors found that 91% of respondents had been arrested for crimes they were forced to commit while in trafficking situations.
Youth in the foster care system often suffer unchecked injustice.
These policies are especially dangerous for youth in the foster care system. For some, legal services only exacerbate the problem. In many cases, trafficked children who are victims of statutory rape are funneled into the juvenile justice system instead of remedial care. Additionally, the foster care system is riddled with risks for children, such as an increased risk of being preyed upon by traffickers. In 2013, the FBI found that 60% of child sex trafficking survivors were from foster care or group homes.
Traffickers can often operate under a false pretense of care through the foster system, often leading emotionally vulnerable children to repeat the same cycle of abuse they suffered before admittance into state programs.
BIPOC are far more likely to be targeted by traffickers and law enforcement.
The obvious flaws in the legal processes for trafficking are compounded by racial factors. As mentioned in previous Dressember blog posts (see our articles on race and human trafficking and systemic racism’s link to trafficking), human trafficking perpetrates racial injustices, disproportionately affecting BIPOC.
In South Dakota, for instance, 40% of sex trafficking victims are Native American women, even though Native American women only make up 8% of the population. Between 2008 and 2010, 24% of suspected trafficking victims were Latinx. Additionally, Black people are far more likely to be arrested on charges of illegal sex work than white people, comprising 37% of the arrests for prostitution, more than any other racial group.
“Black people account for approximately 37% of adult prostitution arrests —more than any other
racial group.”
This disparity is not limited to human trafficking; in general, low-income Black communities are policed and incarcerated more heavily than other neighborhoods. The wealth gap between Black and white communities caused by a long history of discriminatory employment and housing in addition to the war on drugs targeting BIPOC communities have led to systemic racism in policing in the US. These factors have also made individuals in these communities more vulnerable to unchecked exploitation.
Furthermore, buyers face few to no consequences for exploiting victims; for example, in Pennsylvania, 78% of prostitution-related arrests are made for selling sex, while only 22% of the prostitution arrests are made for purchasing sex. This inequality is not, of course, limited to Pennsylvania; there are several states in which buyers could face minimal consequences for purchasing sex from minors. The focus on criminalizing sex workers instead of those who generate demand for exploitation is harmful to human trafficking survivors and victims.
Another inequity is caused by the disproportionate focus by law enforcement and society on “street workers” in preventing prostitution. Officers tend to target outdoor street workers when complaints from surrounding community members about them arise. Research shows that street workers tend to be non-white in rates “disproportionate to their representation among all prostitutes and disproportionate to the demographics of their surrounding communities.” Therefore, it is evident that until indoor prostitution (which is generally solicited in strip clubs or as a part of escort services) is targeted at the same rates as outdoor, Black individuals will remain more likely to experience targeted legal measures than their white counterparts.
The US has made great strides in acknowledging and combating human trafficking, but significant inequities remain in the quality and availability of legal services for survivors. Read more about what you can do to influence human trafficking policy in upcoming blog posts.
About the Author
Millie Vieira is pursuing a degree in International Politics and Dispute Resolution from the sleepy surf town of Malibu, California. Whether she’s practicing foreign languages (she is currently working to master Spanish, French, and Portuguese), keeping up with international politics, or devouring novels by foreign authors, she is always searching for ways to broaden her horizons. During her free time, you can find Millie exploring California’s national and state parks, going to concerts in Los Angeles, and studying for the LSAT.