Policing prostitution in an era of human trafficking enforcement

Prostitution and commercialized vice have been variously prioritized as urban crime problems across U.S. history. In response, lawmakers have historically been guided by a prohibititionst view where people selling, buying or facilitating the sale of sex are considered to be immoral and criminal. In recent years, public concern about the trafficking of persons for sex has reframed prostitution and the expectations of government response. The U.S. federal government and all fifty states have passed legislation that is guided by an abolitionist view of prostitution where people who are forced or coerced to sell sex are redefined as victims. State, county and municipal police officers are now receiving training on how to identify human trafficking cases and investigators are being trained to investigate and prepare cases for prosecution. Despite these efforts under the new legal regime, confusion exists about how sex trafficking differs from prostitution and correspondingly necessitates different types of law enforcement responses. Adding to this complication is the fact that in many major cities the responsibility for identifying and eradicating human trafficking has fallen to the same group of investigators who are responsible for enforcing vice and prostitution laws. As a result, prostitution enforcement is expected to change as police increasingly focus on identifying sex trafficking victims. Using data on police arrests for prostitution from 1980 to 2012, we examine the impact of federal and state anti-trafficking legislation on the local enforcement of prostitution. Our findings inform debate about legal reform as a response to urban crime problems and illustrate the complexities of policy implementation and interpretation.     

The Impact of Safe Harbor Legislation on Court Proceedings Involving Sex Trafficked Youth: A Qualitative Investigation of Judicial Perspectives

The passage of the Trafficking Victims Protection Act (TVPA) facilitated the conceptual shift in reframing youth involved in sex trafficking as victims, rather than criminals. Many states have passed legislation in the form of Safe Harbor laws to protect sex trafficked juveniles from criminal charges and provide rehabilitative services (Polaris, 2015). Nevertheless, limited research has examined the impact of Safe Harbor laws and the role juvenile and family court judges play in how minor victims of sex trafficking are treated by the court system. Consequently, the purpose of this qualitative study was to examine juvenile and family court judges’ knowledge and perceptions of Safe Harbor legislation and identify legal challenges when presiding over cases involving sexually exploited youth. Semi‐structured interviews were conducted with a national sample (N = 82) of family and juvenile court judges. Findings suggest that respondents perceive Safe Harbor laws to have positively affected both attitudes and practices, although several challenges and unintended negative effects were identified. Further, dispositional issues, difficulties with case identification, legal and policy issues, and challenges with interagency collaboration were identified as ongoing issues to address. Legal implications as well as practice and policy considerations based on the study findings are discussed.     

Explaining the under-performance of the anti-human-trafficking campaign: experience from the United States and Europe

The American and the global campaigns against the trafficking of humans for labor and for sexual exploitation have had more than a decade of time and millions of dollars of support in an effort to suppress trafficking and protect its victims. Four of the six articles in this issue explore the reasons why the campaign in the United States has not had more instrumental success with respect to its prosecution goals. The number of cases brought and convictions obtained are fewer than what might be expected. Most of the cases brought involve sex trafficking. The less than impressive record of enforcement against human trafficking appears to be another example of how even very popular law reforms and crusades can be cooled out by the social realities of the criminal justice system. Sex trafficking cases are difficult to make because the victims are difficult to work with, juries are unsympathetic, and the police, prosecutors, judges have their own priorities. The article on the attempt to eliminate sex trafficking by switching to a policy of regulating prostitution rather than treating it as a crime indicates that policy change did not succeed. An attempt to create an index for assessing the implementation of anti-trafficking programs was successful.     

Research note: challenges of identifying female human trafficking victims using a national 1-800 call center

Human trafficking is a complex global and national crime problem harming victims physically, psychologically, and financially. The Trafficking Victims Protection Act of 2000 (TVPA), Pub. La 106–386, and subsequent reauthorizations, provide assistance and benefits to foreign born victims of labor or sexual human trafficking who are here in the United States. The strategies used to encourage victims to come forward were modeled on those used in the anti- domestic violence (DV) and child protection movements. These include initiatives alerting the public to domestic violence situations through awareness campaigns to increase tips as well as calls for service to police. Other public service initiatives urge victims themselves to self-identify by calling 1-800 numbers. While these techniques have shown success in reducing incidences of domestic violence and providing help to victims, their use to combat sex trafficking has not produced the same level of results. This note explores the challenges for immigrant women victims to self-identify as trafficking victims and urges that evidence-based research is needed to determine the efficacy of a national call center approach.     

“Kind regards”: an examination of one buyer's attempt to purchase a trafficked child for sex

A call to awareness regarding sex trafficking has increased research, bolstered social justice efforts, improved education, and influenced federal laws that protect victims and prosecute traffickers. Federal laws on sex trafficking are now being used through undercover sting operations via the Internet to arrest and prosecute buyers who attempt to engage in commercial sex with minors. A narrative analysis was completed to create an in-depth case study outlining the correspondences between a buyer and an undercover agent advertising trafficked children for sex. Readers are afforded a rare opportunity to examine actual emails related to the purchase of a child for sexual exploitation. The emails were used against the buyer as evidence within the court of law. The authors assert that the following case study will contribute to the body of literature on the victim selection processes and cognitive distortions employed by buyers of children for sex.     

Hot spot trafficking: a theoretical discussion of the potential problems associated with targeted policing and the eradication of sex trafficking in the United States

Throughout the United States, legal professionals and advocates have taken measures to address the access to victims of sex trafficking. A commonly accepted practice has been to advocate for the removal of ‘sex for sale’ advertising in free media such as Craigslist and Backpage. Although this action against the solicitation of prostitution has been celebrated by many advocates and legal professionals, the removal of such advertisements does not directly affect the prevalence of sex trafficking. In fact, displacement theory suggests that the removal of solicitation advertisements and targeted policing forces traffickers to simply advertise elsewhere or become more creative in selling the victims, thereby concealing the act of sex trafficking and making it less identifiable. Although we do not advocate for the maintenance of ‘sex for sale’ advertisements, the process of removing these ads is counterproductive, having little positive impact on the incidence of sex trafficking in the United States. Rather, it forces both traffickers and victims to bury deeper in the already hidden world of sex trafficking. Policy implications derived from criminal displacement theory and research are provided.     

Liberal coercion? Prostitution,human trafficking and policy

Liberal prostitution policy aims at improving labor conditions for prostitutes and protecting victims of forced prostitution. Given its policy mandates, legalized prostitution should be linked to better protection policies for trafficking victims and stronger anti-trafficking measures. In this paper, I investigate empirically whether or not legalized prostitution improves protection policies for victims, as it is presumed. The results of my analysis—using data from 149 countries for the period of 2001–2011—suggest that a liberal prostitution policy does not lead to better protection and, in some cases, legalized prostitution can be detrimental to protecting victims of human trafficking.     

Rapid Assessment Exploring Impediments to Successful Prosecutions of Sex Traffickers of U.S. Minors

Critical psychological, systemic, and legislative barriers to the successful prosecution of child sex traffickers who exploit U.S. citizens were uncovered during a rapid assessment conducted in a U.S. metropolitan region considered a high intensity child prostitution area. Information obtained during 34 face-to-face interviews with criminal justice professionals most likely to encounter child sex trafficking victims was supported by the collection of supplementary quantitative data. Findings revealed complex psychological factors that deter victim participation in prosecutions of traffickers such as child victims’ denial of exploitation, trauma bonding between victims and traffickers, and frequent flight and revictimization. Existing inadequacies within the criminal justice system were found that may contribute to child sex trafficking persisting as a low risk/high reward crime.     

New laws but few cases: understanding the challenges to the investigation and prosecution of human trafficking cases

All fifty states and the federal government have passed laws to combat human trafficking, but we know little about their effectiveness. Using data from investigative case records and court files for 140 human trafficking cases in 12 U.S. counties and qualitative interviews with law enforcement, prosecutors, and victim service providers, we examined the characteristics of and challenges to investigation and prosecution of human trafficking cases under new state and federal laws. We found that few human trafficking cases are identified by local law enforcement, most cases forwarded to state prosecution are sex trafficking cases involving U.S. citizens, and state prosecutors overwhelmingly charge human trafficking offenders with other, lesser crimes. The legal, institutional, and attitudinal challenges that constrain prosecution of human trafficking are similar across study sites despite varying types of state antitrafficking legislation. Study results suggest prosecution of human trafficking cases is challenging. If new laws are to be effective, then local law enforcement and prosecutors should work collaboratively and adopt proactive human trafficking investigative strategies to identify both labor and sex trafficking cases. There is social benefit to holding traffickers accountable, but more emphasis should be placed on policies that identify and serve victims.     

Methods of sex trafficking: findings of a case study in Turkey

The underground sex industry in Turkey has increasingly become dependent on the foreign women, predominantly coming from the former Soviet Union. Some of these women became victims of sex trafficking. However, little is known about how they are recruited, transferred to, and exploited in Turkey. This article attempts to enlighten this process and makes use of police-recorded victim interviews (N?=?430), as well as key personnel interviews (N=?18) as primary data. Various methods and tactics are found to be used in sex trafficking operations in Turkey. Most victims are recruited by persons known to them proposing attractive job possibilities, especially in the entertainment business. The majority of victims enter Turkey with legal documents and with various transportation means. Traffickers obtain girls and sell them to customers in public and private settings using methods to control the victims, such as debt bondage, violence, confinement, confiscation of travel documents, and threats.     

The transnational political criminal nexus of trafficking in women from Ukraine

Throughout the 1990s, tens of thousands of Ukrainian women were trafficked into prostitution. This phenomenon was researched by collecting data through interviews and surveys in Ukraine, media reports, governmental and non-governmental (NGO) reports on trafficking, and participant observation in conferences. Trafficking occurs because of a transnational political criminal nexus, which is comprised of individual criminals, organized crime groups, corrupt police and governmental officials, foreign governments, and NGOs. Traffickers' methods of operation are flexible and adapted to ease of recruiting victims, cooperation of corrupt officials, risk of being detected, and profit. In destination countries, victims are controlled by confiscation of travel and identity documents, debt bondage, threats, and violence. Political components of the nexus include foreign governments that support NGOs that ignore the views of civil society in Ukraine, and instead, support the foreign governments' positions on trafficking and prostitution, resulting in a corruption of civil society. Some foreign governments also support changes in laws that enable a legal flow of women into their sex industries.     

The challenges of fighting sex trafficking in the legalized prostitution market of the Netherlands

In 2000, the Dutch authorities lifted the ban on brothels in the Netherlands. The essence of their approach was to regulate prostitution. People of legal age could now voluntarily sell and purchase sexual services. Brothels which complied with certain licensing conditions were legalized. This paper critically assesses the logic of a position that argues that human trafficking is reduced when actors in the legalized prostitution sector are made responsible for what happens on their premises (using licensing conditions). This idea is confronted with empirical evidence about the Netherlands in general and the city of Amsterdam in particular. Furthermore, the paper addresses two questions. What are consequences of the regularization of prostitution for the criminal investigation and prosecution of sex trafficking? How do criminal justice agencies collaborate with regulatory authorities in the regulated and non-regulated sectors of the prostitution market? The main conclusion is that the screening of brothel owners and the monitoring of the compliance of licensing conditions do not create levels of transparency that enable sex trafficking to be exposed. The prostitution business retains many characteristics of an illegitimate market and the legalization and regulation of the prostitution sector has not driven out organized crime. On the contrary, fighting sex trafficking using the criminal justice system may even be harder in the legalized prostitution sector.     

The law and economics of international sex slavery: prostitution laws and trafficking for sexual exploitation

International trafficking in humans for sexual exploitation is an economic activity driven by profit motives. Laws regarding commercial sex influence the profitability of trafficking and may thus affect the inflow of trafficking to a country. Using two recent sources of European cross country data we show that trafficking of persons for commercial sexual exploitation (as proxied by the data sets we are using) is least prevalent in countries where prostitution is illegal, most prevalent in countries where prostitution is legalized, and in between in those countries where prostitution is legal but procuring illegal. Case studies of two countries (Norway and Sweden) that have criminalized buying sex support the possibility of a causal link from harsher prostitution laws to reduced trafficking. Although the data do not allow us to infer robust causal inference, the results suggest that criminalizing procuring, or going further and criminalizing buying and/or selling sex, may reduce the amount of trafficking to a country.     

Human trafficking in the Netherlands: trends and recent developments

Notwithstanding the lift on the ban of brothels in the Netherlands during 2000, the introduction of the integral approach and other efforts to fight human trafficking; this trade still continues to exist within the licensed sector. Simultaneously, prostitution increasingly moved to Dutch cities with less strict regulations or control, and also to more invisible realms (escort services, internet). ICT facilitate this backstage informal sex work by offering a fluid, flexible, dynamic podium that is difficult to control. The internet is increasingly used by traffickers in order to recruit potential victims, to blackmail victims with images or by exploiting victims through webcam exposure. In 2005, human trafficking was extended in law towards exploitation in all labor sectors and, in 2011, illegal stay was criminalized in the Netherlands. This criminalization could hinder the fight against human traffickers.     

Client-Inflicted Violence and Coping Strategies Among Sex Workers in China

To date, very little research has focused on violence inflicted by clients on women working in the sex industry in China. This article examines the nature and extent of client-inflicted violence against sex workers in China and analyzes the coping strategies employed by the victims. It argues that violence is an integral part of sex work. Indoor sex workers are subject to more violence and harassment than their outdoor counterparts, mainly on account of the nature of the sex services provided. The article contends that the criminalization of prostitution places women in a vulnerable position and advocates decriminalization of prostitution to promote health and human rights for disadvantaged women in the sex industry.     

Fuelling traffic

Over the last decade, researchers and legislators have struggled to get an accurate picture of the scale and nature of the problem of human trafficking. In the absence of reliable data, some anti-prostitution activists have asserted that a causal relationship exists between legalised prostitution and human trafficking. They claim that systems of legalised or decriminalised prostitution lead to increases in trafficking into the sex industry. This paper critically analyses attempts to substantiate this claim during the development of anti-trafficking policy in Australia and the United States. These attempts are explored within the context of persistent challenges in measuring the scale and nature of human trafficking. The efforts of abolitionist campaigners to use statistical evidence and logical argumentation are analysed, with a specific focus on the characterisation of demand for sexual services and systems of legalised prostitution as ‘pull’ factors fuelling an increase in sex trafficking. The extent to which policymakers sought to introduce evidence-based policy is also explored.     

Commercial Sexual Exploitation of Children: an Assessment of Offender Characteristics

The commercial sexual exploitation of children (CSEC), specifically child trafficking, producers or consumers of child sex trafficking (i.e., prostitution), sexual abuse images, and enticement, has become a growing area of concern. The increasing profitability of CSEC, combined with the clandestine nature of the offenses, calls for immediate attention from international law enforcement and the mental health community. Paramount to the resolution of this global crisis is the identification of the perpetrators of various CSEC crimes. The research pertaining to these offenders is most frequently aggregated and limited to basic demographic data, providing a larger, more generalized picture of CSEC. The purpose of this study is to determine characteristics, within a sample of known CSEC offenders, that differentiate among offenders who engage in sex trafficking as trafficker; engage in sex trafficking as a producer or consumer; produce, distribute, or possess child sexual abuse images; and travel or use enticements to engage in illicit sexual contact with a minor. This observational, survey design includes a record review of 98 offenders who were processed through the FBI Miami Field Office. Results showed that males are more likely to engage in CSEC offenses compared to females. Offenders who collect child sexual abuse images tended to be employed, had no history of prior arrests, and were older than other CSEC offenders. Additionally, engaging in befriending strategies in order to gain access to a victim was also predictive of involvement in child sexual abuse images. Unemployment was the only statistically significant predictor of engaging in child sex trafficking as either a sex buyer or a producer. Finally, perpetrators who engaged in the traveling/enticement of victims were found to be younger, unemployed, single, and without a known history of contact offending. Implications of the findings are discussed.     

Traffick jam: a policy review of the United States’ Trafficking Victims Protection Act of 2000

The United States enacted the Trafficking Victims Protection Act (TVPA) of 2000 to combat organized networks specializing in the illicit transport of human beings across political and geographical boundaries. This response has engendered conflicting definitions and competing agendas attributable to the definition set forth by the TVPA, which divides the crime into ‘sex’ verses ‘labor’ trafficking. The European Union (EU) adopted a different and detailed definition introduced by the United Nations. This paper explores the disparity in anti-trafficking policies of the United States and the EU. By contrasting these efforts, recommendations to strengthen U.S. policy by adapting certain EU practices to an American context are suggested.     

Representations and misrepresentations of human trafficking

This paper examines how the trafficking issue has been defined by various stakeholders, the public and governments, and how these various definitions of the problem may have influenced current trafficking policies. Has the issue of trafficking become politicized and its definitions “stretched” by stakeholders? Have special interest groups, and sometimes governments as well, exploited the trafficking problem to support particular agendas? Are the victims of trafficking always the primary concern, or are other issues pushed forward at their expense? To address these questions, we examine the different approaches to trafficking and the data used to support the various claims and positions.     

Juvenile and Family Court Judges’ Knowledge and Attitudes About Sex Trafficking of Minors: Associations with Gender,Race, and U.S. Region

Juvenile and family court judges are a professional group that have a significant amount of decision-making power in cases of sex trafficking of minors. The purpose of this project is to examine the association of juvenile and family court judges’ gender, race, and U.S. region with their attitudes and knowledge about sex trafficking of minors. Drawing from a survey of 55 juvenile and family court judges in the U.S., this study used standardized scales to measure attitudes and knowledge about child sex trafficking. Results indicate some differences by gender and geography in a sample of experienced judges across the U.S. The consistency of these findings are discussed in the context of other research and implications for targeted training.