The Double Entendre of Juvenile Prostitution: Victim versus Delinquent and the Necessity of State Uniformity

Under the federal Trafficking Victims Protection Act (TVPA), minors performing commercial sex acts are deemed victims of human trafficking; however, prosecutors and judges continue to charge and adjudicate minors as prostitution offenders rather than as sexually exploited youth. To stop the perpetuation and victimization of sexually exploited children, states must join the movement in reform to match the standards of the TVPA. The federal law presumes that minors charged with prostitution are victims rather than criminals and are in need of specialized social services. To protect victims of sex trafficking, states should pass legislation in line with the TVPA, creating a presumption of immunity for all prostituted minors.