There is a very thin line between prostitution and sex trafficking. They are hardly distinguishable in operation, but one is more complicated to prove by law.
Let’s define some terms.
The Justice for Victims of Trafficking Act, which amended the definition of the 2000 Trafficking Victims Protection Act (TVPA), defines sex trafficking as “the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act, in which the commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not obtained 18 years of age.”
Under the TVPA, coercion is defined as: “threats of serious harm to or physical restraint against any person; any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or the abuse or threatened abuse of the legal process.”
Who are the pimps and traffickers? They are the facilitator(s) or person(s) using force, fraud, or coercion for commercial sexual exploitation and collaborators who benefit financially.
According to USLegal.com, “Pimps are people who procures [sic] a prostitute for customers or vice versa, and takes [sic] a portion of the profits from the sexual activities. Supposedly he provides protection for the prostitutes, but quite often he will threaten, brutalize, rape, cheat and induce drug addiction of the prostitutes. A pimp is guilty of the crime of pandering. A pimp is someone who brokers the sexual favors of women for profits.”
Prostitution and sex trafficking operate the same way. There is recruitment, harboring, transportation, provision, obtaining, patronizing, and soliciting of a person for sex. When it comes to proving force, fraud, or coercion, that largely depends on evidence and testimony. What woman will say they are a victim of trafficking when their very lives or family’s lives are threatened or if they have fear of leaving the lifestyle they have become accustomed to?
The Many Sides of Coercion
In one Chicago study, 43 percent of young women who were currently under the control of a pimp/trafficker “said they could not leave without physical harm.” Often, victims see their pimp/trafficker as a boyfriend and there is fear of ending the romantic relationship. It is not unusual for victims to be trafficked by a boyfriend, a male friend, or a family member. Females can also be traffickers and pimps.
In 2016, San Diego County conducted a study about the pimps and traffickers in that county. The study provided keen insight into the common characteristics of those being coerced with these findings:
- Psychological coercion (defined as “social and emotional isolation, induced emotional exhaustion, and degradation, including humiliation, denial of the victim's power, and name-calling”) and economic coercion (taking 50 percent or more of prostituted person’s earnings) were primary means sex traffickers employ for controlling victims.
- Pimps reported an average income of $670,625.
- Researchers determined that middle schools and high schools were significant/frequent places for recruiting girls who become victims of sexual exploitation, and not just in low-income neighborhoods.
Traffickers and pimps prey on women and children who have a history of abuse and neglect, sexual abuse, running away from home, homelessness, lack of education, or other emotional vulnerabilities. They lure them in with promises of meeting some type of need, whether it be economical, emotional, or both. Pimps/traffickers groom their victims to the point where they have control over them psychologically. Often, this is done by introducing drugs as well, which can cause the victims to become addicted and dependent on the pimp to keep them high and locked into the lucrative sex trade to support their new habit.
In that same Chicago study, 29 percent said they were provided drugs to encourage addiction and 23 percent reported drugs were withheld by the pimp to coerce them into prostitution.
According to a 2013 study of 150 countries, sex trafficking increased in the countries where prostitution was legal.
The idea that sex trafficking is involuntary prostitution and prostitution is willing “sex work” is false. The elements are the same except no one is willing to say an underage girl that she is a working professional prostitute—instead, we shout, “sex trafficking.” If she is 18 and above, is she automatically a willing prostitute? The Archives of Sexual Behavior notes: “In a review of reports on adults in prostitution, 84% were trafficked or under pimp control. The numbers of women who choose prostitution from a position of safety, equality, and genuine alternatives is minimal. O’Connell Davidson (1998, p. 5) noted that only a ‘tiny minority of individuals’ choose prostitution because of the ‘intrinsic qualities of sex work.’ Prostitution has to do with one person’s sexual desires and the other person’s economic needs. The money coerces the performance of sex.”
The operation of prostitution is by default coercion in its transactional nature.
Modern-Day Sex Trafficking and Prostitution
Sex trafficking and prostitution rings are way more advanced and sophisticated today than they were 20 year ago. Today, recruitment and transactions largely take place online through social media accounts, the dark web, and ad listings sites such as Craigslist and Backpage. Before the FBI seizure of Backpage, it was the most popular site for traffickers and pimps to trade off their victims. The average age of recruitment for prostitutes is 14 and the average age of pimps and traffickers are between the ages of 18-34. We have become a generation that are exploiting ourselves.
This May in D.C., as efforts to decriminalize prostitution began to wane, local police made arrests in a major human trafficking case involving teenagers:
Terrell Armstead had an Instagram hashtag “#TeamSupreme” for his prostitution business, according to court documents. He used it to advertise a commercial sex business, posting videos and images of money and luxury goods with the caption “Who wants to join TeamSupreme.”
Detectives allege he would direct message teenage girls, telling them they could make $1,000 a day working in strip clubs and arranging sex dates with customers inside…Among the evidence is a text from one of the young women to Armstead saying, “I only made 200 so far.” He replied, “It’s only 9 I got faith that you’ll get 800 more at least.”
D.C. Councilmember David Grosso, who for the second time introduced the bill to decriminalize prostitution, said:
It is long past time for D.C. to reconsider the framework in which we handle commercial sex, and move from one of criminalization to a new approach that focuses on human rights, health and safety.
He was surrounded by several people holding signs. One read, “Everyone Deserves to Feel Safe in Their Work,” while another said, “Sex Workers Matter.”
You cannot combat sex trafficking while trying to legalize prostitution. It makes no sense when the two are essentially the same. And, how in the world does legal prostitution equal human rights? Whose rights? Prostitution is driven by a male clientele who take advantage of other human beings, who are overwhelmingly comprised of women and children who are used for pleasure. To say that prostitution is a human right is by default saying men have a right to use women’s body as a commodity. Why weren’t there signs that said, “Women’s lives matter,” “My body is not a commodity,” or “I’m not for sale, I’m a person”?
Clinical psychologist and founder of Prostitution Research and Education, Dr. Melissa Farley and former prostitute and founder of SPACE International, Rachel Moran came to a clear and disturbing conclusion in their study “Consent, Coercion, and Culpability: Is Prostitution Stigmatized Work or an Exploitive and Violent Practice Rooted in Sex, Race, and Class Inequality?”:
In thousands of interviews, we have heard prostituted women, men, and transwomen describe prostitution as paid rape, voluntary slavery, signing a contract to be raped (in legal prostitution), the choice that is not a choice, and as domestic violence taken to the extreme.
It is ironic, and even cruel, to equate prostitution with “safety” and “human rights.” The sexual exploitation of others is not a right. It is appalling that even in the age of #MeToo, we have politicians who say “its long past time” that we approach paid sex as a human right instead of saying that it is long past time for the exploitation of women to end.ter-way-fight-prostitution/%20">Part 5.