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The Ongoing Debate: Trafficking and Prostitution--One in the Same or Separate Issues?

Submitted by nn on Wed, 07/01/2009 - 20:38

From the Examiner:

Today's Providence Journal has a column by Ed Achorn that is so misguided, that it is difficult to figure out where to start.

The column criticizes the loophole in Rhode Island law which makes prostitution legal, if it occurs indoors. For a multitude of reason, the current law is effective and should remain unchanged. It makes prostitution on the streets illegal, yet doesn't criminalize consensual sex between adults that occurs behind closed doors. Edward Achorn seems to get side-tracked, and confuses several issues. This particular passage is a good example:

By refusing to pass a good law specifically banning indoor prostitution, Rhode Island is saying yes to the brutal exploitation of teenage girls and young women, many of them foreigners who are held in this strange land as virtual slaves. Their pimps are experts at preying on young women, with the help of drugs, coercion and “protection,” to keep them in slavery, miserably toiling in the fields of prostitution — serving perhaps a dozen men a day to help earn pimps hundreds of thousands of dollars a year.

Mr. Achorn brings up crimes that are troubling and serious. What he doesn't seem to realize is that there are already laws on the books to address these issues. The state and federal government already have human trafficking laws on the books. If a prostitute is under the age of consent, statutory rape laws would apply. If she is being held against her will and assaulted, then charges of assault, sexual assault, and kidnapping could be brought against the perpetrator. Why does Edward Achorn want prostitution laws to apply? Is it so we can arrest the victims of human trafficking who have been assaulted and put them in jail? Of course not. More

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"The real problem with inflated numbers for trafficking victims is that they create pressure for a quick policy fix. But human trafficking is intertwined with larger issues of immigration policy, poverty reduction, access to education, workers' rights (on farms, in restaurants and as domestic help), women's rights, and official corruption. Rather than tackle this briar patch, the tendency has been to call it all "sex trafficking" and stage splashy raids on brothels.

Such "rescues" not only fail to stop human trafficking, they also sweep up and demonize sex workers who have entered the trade on their own, driving them underground and closing off the opportunity to recruit them as allies against trafficking.”

SAPNA PATEL
Staff Attorney
Sex Workers Project
Urban Justice Center
New York

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