Domestic minor sex trafficking is an increasing issue in the United States, with the Federal Bureau of Investigation estimating that 293,000 youths in America are at risk of becoming victims (2011). Though these youth are being sexually exploited by pimps, the laws often do not work to protect them. More often than not, these victims are treated as criminals by law enforcement and the johns buying sexual acts from these minors get off with only a misdemeanor; because money is exchanging hands for commercial sex, the johns are not prosecuted for statutory rape.
The Issues
State statutory rape laws are not applicable when adults purchase sex from minors. As a result, child victims are typically arrested and convicted of prostitution (Polaris Project, 2015), most often being sent to juvenile detention centers after conviction. The johns caught purchasing sex from minors are not typically prosecuted for sex with a minor; rather they are prosecuted for solicitation of a sexual act from a prostitute. Instead of being charged with a felony for sex with a minor, johns are often charged with a misdemeanor. (It is important to note, these laws vary significantly state to state).
Overview of Safe Harbor Laws (Polaris Project, 2015)
- Two components:
- Legal Protection à Preventing the minor from being prosecuted for certain offenses because he/she was coerced
- Provision of Services à Requires specialized services be made available to survivors (including housing, legal services, etc.)
- Safe Harbor laws vary state to state
- 15 states currently provide both components
- 7 states currently provide partial protection, only offering one or the other component
Call to Action:
In the fight against human trafficking and specifically, domestic minor sex trafficking, it is crucial that:
1) Survivors are recognized as victims, not as criminals
2) Johns are prosecuted for their true offense – sexual acts with a minor
In order for this to happen, states must recognize the need to modify their current laws. Safe Harbor laws must be created or modified to provide both legal protection and services to children who are victims of trafficking. Adjustments must be made to current laws regarding statutory rape, making it possible to prosecute johns who pay for sex with a minor.
- Lobby your state government representatives
- Learn more about the issue
- Raise awareness in your community
- 20 ways you can help fight human trafficking