Healing the Hurt. Fighting for the Decriminalization of Sex Trafficking Victims by Erica Dinse

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1 Healing the Hurt Fighting for the Decriminalization of Sex Trafficking Victims by Erica Dinse

2 40000 times. Front cover image sources: ity-highway-wallpaper hd-wallpapers.jpg, om/posteverything/wp/2014/1 2/05/child-prostitutes-arentcriminals-so-why-do-wekeep-putting-them-injail/?utm_term=.016e3e95cdfa, e/120418/underage-sextrafficking-victims-aretreated-criminals-us Karla Jacinto grew up in Mexico City, with a neglectful mother and an abusive family. At the age of twelve, she met a man, ten years her senior, who befriended her. He treated her kindly, and when she was locked out of the house by her mother she decided to run away with him. For three months, they lived together in his apartment, until he revealed the business he was in and started forcing her to sleep with other men. They moved from city to city, where Karla worked seven days a week and saw up to 30 customers each day. She never received days off and was beaten by her trafficker. When she was thirteen, police raided a hotel in which she was working. Instead of freeing her and the other girls, they took inappropriate videos of the minors, and used them as leverage to keep the girls from telling anyone else. Karla would be kept in captivity under her trafficker for three more years, during which she would become pregnant and have her child taken away from her. She was finally able to escape in an anti-trafficking raid and was sent to live in a shelter. Karla estimates that while she was enslaved, she was raped over 40,000 times. From CNN s Freedom Project:

3 What is Sex Trafficking? Sex Trafficking is defined as the use of force, fraud, or coercion to obtain some type of commercial sex act. 1 This can involve abduction, blackmailing, or deceit to force someone into offering themselves for sex. Anyone under the age of 18 who has participated in commercial sex, regardless of fraud or coercion, is considered a victim according to federal law in the United States. Sex trafficking is considered a form of slavery, one that still exists in the world today. This often takes the form of forced prostitution, which is the practice of engaging in sexual activity in exchange for payment. 2 Victims are often brought to a different city, state, or country, and find themselves changing locations regularly so their traffickers can avoid law enforcement. This does not just occur in poor and underdeveloped countries. In the U.S. alone, estimates of sex trafficking reach the hundreds of thousands, 3 and there are an estimated 4.5 million people trapped in the sex industry worldwide. 4 The following map ranks each country according to its efforts in fighting human trafficking. Often trafficking numbers are much higher in countries that do not have laws or programs in place to combat trafficking. 1 "What is Human Trafficking?" Homeland Security. U.S. Department of Homeland Security, n.d. Web. 1 Apr "Prostitution." Merriam-Webster. Merriam-Webster, Incorporated, n.d. Web. 1 Apr "The Facts." Polaris. N.p., 14 Feb Web. 1 Apr "New ILO Global Estimate of Forced Labour: 20.9 million victims." International Labour Organization, 01 June Web. 1 Apr Image source:

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5 A pimp is someone, often a man, who controls a prostitute (or many) and solicits customers. Generally, a pimp receives all of the profits that come from the prostitutes earnings and has control over any money, food, and clothes they are given. The customers who engage in commercial sex with prostitutes are often referred to as johns. Commercial sex is a booming business and a multimillion dollar industry in many urban centers. Atlanta, a hub for sex trafficking in the United States, has one of the largest valued commercial sex industries, at $290 million. The average weekly income for a pimp in Atlanta between the years of 2005 and 2011 was $32, Even though sex trafficking occurs all over the U.S., large cities, including Atlanta, are more likely to contain at risk populations for sex trafficking, and deal with a higher number of trafficking cases. The above image maps the location and frequency of suspected human trafficking based on calls to the National Human Trafficking Hotline in 2015, of which 78 percent involved sex trafficking. 6 Cities such as Atlanta, New York, Dallas, and San Francisco were all frequent locations. It appears that certain populations are more susceptible to trafficking. Women and girls make up 98% of those who are sexually exploited. 7 Among minors who are trafficked, runaway and homeless youth make up a disproportionate number of victims. Pimps often target these children because they have no supportive network and frequently find themselves in unfamiliar environments. Traffickers also target foreign nationals, since they may have little understanding of the surrounding community, language or laws. One of the most common ties between many sex trafficking victims is that they have experienced abuse or trauma in the past. These 5 7 Johnson, Matthew. The Hustle: Economics of the Underground Commercial Sex Industry. Rep. Urban Institute, Web. 1 Apr "2015 Hotline Statistics." Polaris. N.p., 01 Mar Web. 13 Apr "ILO." 21 million people are now victims of forced labour, ILO says. International Labour Organization, 01 June Web. 13 Apr

6 individuals can become susceptible to pimps who will cater to their vulnerabilities, which include the insecurities or feelings of shame that often come with abuse. 8 Even though these populations are at higher risk for trafficking, individuals from all backgrounds and socioeconomic statuses can be victims and all are likely to suffer negative effects that are brought about by life in the commercial sex industry. Some are physical. Many pimps beat their workers who try to run away or do not meet the set daily quotas. In addition, the large number of sexual partners makes sex slaves much more likely to suffer from sexually transmitted infections. Some may deal with drug addiction, since some pimps provide their employees with narcotics to keep them dependent on the pimp, and in recent years, an increased number of pimps have branded their employees with tattoos, a permanent reminder of what they ve experienced. 9 Other effects are psychological, including PTSD and anxiety that often results after trauma and sexual abuse. Self-worth can be a huge issue, since many victims are only treated as their pimp s property. Even though victims of sex trafficking are involved in prostitution against their will, many will still face criminal charges due to law enforcement officers who are not trained to recognize the signs of trafficking. In some cases, pimps or gang bosses who control an exploited person will force them to take part in other crimes that they are then punished for, such as transporting drugs or robbing a client. Those who manage to leave the industry often have nowhere to go and nobody to turn to. They may be homeless, and many struggle to find employment since they have little education and experience. It is not uncommon for those who have left the commercial sex industry to find themselves returning to it later. Those who have conducted research on the sex industry and those who advocate for its victims have raised awareness of the need to provide resources for those suffering as a result of their trauma. This has led to the introduction of safe houses, job training programs, legal services, and legislation, all with the goal of offering those exiting the industry the necessary tools to start to rebuild their lives. 8 "The Victims." National Human Trafficking Hotline. Polaris, 07 Oct Web. 13 Apr Hughes, Donna. "Combating Sex Trafficking: A History." Fair Observer. Fair Observer, 06 Oct Web. 1 Apr

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8 The Issue At nine years old, Tina Frundt was sold for sex by her foster parents for the first time. When she was only 14, she ran away from home to be with a man she thought was her boyfriend, who then brought her to a new city and forced her to sleep with other men. Her and the other girls trapped by their pimp were forced to walk the streets at night and given a daily quota of $500. They were physically abused if they did not reach it and never received any medical attention, traveling from city to city under these harsh conditions. Tina was a victim of forced prostitution for over a year before she was arrested on the streets of Chicago, charged with prostitution, and for one year, was kept in juvenile detention. She was offered no rehabilitative services after her release. 10 Unfortunately, this is not an uncommon case for many victims of sex trafficking, minors and adults. Though they are indeed victims, many are arrested over and over again and face criminal charges, rather than receiving proper treatment and care after the trauma they experience. Take Sheila Faye Simpkins, for example, who estimates that she was arrested almost 200 times during her time as a prostitute in Nashville, although her pimps never were. 11 Pimps often avoid any encounters with law enforcement, and they have been known to strike up deals with police officers who are also their clients or pay the bail for their employees who end up in jail. The root of this issue lies most heavily in a lack of training for law enforcement officers, who are not aware of the signs that a prostitute may be a victim of human trafficking. Even when minors are involved, many state laws differ from the federal law that classifies any minor in the sex industry as a victim of trafficking. As seen in the case of Tina Frundt, youth in some states will be put in juvenile detention, regardless of their status as victims. Other times, those who are trafficked may lie to law enforcement after they are caught, fearful of what their pimp may do if he finds out his employee revealed his identity. Because of the illegal nature of prostitution, those in the industry are raised to be wary of those on the side of the law. It is rare for a victim of trafficking to reach out for help from police, or anyone else. Fortunately, there already exists many organizations, movements and pieces of legislation aimed at decriminalizing victims of sex trafficking and providing healthy rehabilitative services. Some of them are highlighted below. 10 Romero, Juan David. "Why Do We Treat Child Sex-Trafficking Victims Like Criminals?" New Republic. N.p., 04 Dec Web. 1 Apr Kristof, Nicholas. "From the Streets to the 'World's Best Mom'" The New York Times. The New York Times Company, 12 Oct Web. 01 Apr

9 California Senate Bill 1322 This law, which went into effect in 2017, has drawn criticism because it legalizes child prostitution. In reality, the bill prohibits law enforcement from arresting minors for prostitution. It is meant to make it easier for youth to receive rehabilitation services and keep them away from jail. Courtney s House Tina Frundt, the trafficking survivor referenced previously, went on to start a recovery program for children who have been sexually exploited. Courtney s House goes out onto the streets to reach vulnerable youth and suspected victims, as well as provides a safe place for survivors to heal. Current Efforts The Trafficking Survivors Relief Act of 2017 This bipartisan legislation was introduced in the Senate in January of The passing of the bill would allow for the criminal records of trafficking victims to be expunged, provided they offer supporting documentation that the crimes on their record occurred as a direct result of being trafficked. Safe Harbor Laws These are laws focusing solely on trafficked minors and on keeping them from criminal convictions. Thirty three states have enacted some form of these laws, which can involve full legal protection, training for law enforcement, and funding for rehabilitation services. FAIR Girls An international organization, FAIR Girls aims to prevent exploitation and bring healing to victims through empowerment and education. It provides life skills training, counselling, and advocates for victims who have criminal charges. Sources

10 What s next? Much of what is currently being done to improve the lives of sex trafficking victims is a step in the right direction. Policymakers and advocates are realizing what needs to be done, but require additional resources and support in order to carry it out. Many different organizations exist, like Courtney s House and FAIR girls, that are working to bring healing to sex trafficking victims and advocate for their innocence. These groups run largely on donations from sponsors and support from volunteers. Individuals that can offer time or money can help ensure that those being supported by these organizations can continue to be helped. Even those without much time and money can contact state and federal lawmakers, encouraging them to support legislation like the Trafficking Survivors Relief Act and to enforce Safe Harbor laws in their state. They can also push for legislation that brings harsher punishment on sexual offenders and pimps and more resources to train law enforcement. A louder voice from the general public will solidify the importance of this issue. Above all, those who are educated on this issue should spread awareness that it exists--that victimized individuals in need of support and a space to heal are instead being charged as criminals. In a country that has claimed to abolish slavery almost 200 years ago, we should be fighting for the freedom of those who are still enslaved. The National Human Trafficking Hotline