Trafficking vs Prostitution, Part Two

By Tanya Pearrell

In previous blogs (Prostitution or Trafficking — She's Somebody's Daughter (shessomebodysdaughter.org) and Legalization, Decriminalization, Partial Decriminalization — She's Somebody's Daughter (shessomebodysdaughter.org) ) we defined the various policies regarding the legalization or decriminalization of prostitution. If you have not read those, you may want to start with those.

Let’s first address sex trafficking and prostitution. (Please note that some legal definitions can vary from state to state).  There is no question that sexual activity in exchange for money, goods or services (housing, drugs, food, etc) with someone under the age of 18 is considered trafficking. There is much conversation centered around “choice” when it comes to adults. Whether someone chooses to engage in prostitution as the result of a well-informed choice or a lack of choices, the reality is that it is a dangerous and exploitative job.

Sex trafficking involves the force, fraud, or coercion of another individual for the purpose of engaging in commercial sex acts against his or her will (no force, fraud or coercion needs to be evident in minors). In general, prostitution is when one person pays to have sex with another person. There can be a third party involved that is benefitting. Again, this is where there tends to be back and forth as to whether it meets the legal definition of trafficking (please see other blogs on the topic of choice and how someone is trafficked).

As we consider and explore the four different models of approach in future blogs we need to understand the above definitions and views. We believe that the first step in determining the best approach is to recognize that prostitution, whether a “choice” or forced, is innately harmful. Because of this, it is considered a human rights abuse. When governments do not recognize prostitution as harmful the rights of victim safety and accountability of the offender are lost.

As governments do recognize the harms of prostitution it will trigger the necessity of a victim-centered response. This will be explored more as we look at the four different models presented.

If you are looking to learn more or would like to schedule an awareness event, please reach out to tanya@shessomebodysdaughter.org