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Home>Archives for Guest

December 7, 2015 by Guest

Exchanging Food for Sex with Children Amounts to Sex Trafficking

Society is quickly outraged by reports that peacekeepers or aid workers have sexually exploited children in areas of conflict or developing regions.  This year, reports surfaced that peacekeepers in the Central African Republic elicited sex acts with young boys in exchange for food. Unfortunately, this scenario is not new. A 1996 study from the UN Secretary-General stated:

Children may also become victims of prostitution following the arrival of peacekeeping forces.  In Mozambique, after the signing of the peace treaty in 1992, soldiers of the United Nations Operation in Mozambique (ONUMOZ) recruited girls aged 12 to 18 years into prostitution.  After a commission of inquiry confirmed the allegations, the soldiers implicated were sent home. In 6 out of 12 country studies on sexual exploitation of children in situations of armed conflict …, the arrival of peacekeeping troops has been associated with a rapid rise in child prostitution.

When peacekeepers instruct hungry children living in war-torn countries, to perform sexual acts in order to receive life necessities, this resonates with many readers in America as patently exploitative and abusive.  In fact, should such an exchange – sex with a minor for life necessities – occur in the United States, this commercial sexual exploitation by a buyer could amount to sex trafficking, under federal law and the sex trafficking law in 41 states and the District of Columbia.[1]  Appropriately including the purchase of sex with a minor within sex trafficking definitions reflects the seriousness of this exploitative conduct.

Nonetheless, outrage like that expressed in response to peackeepers’ abuse, does not similarly resound when adults exchange life necessities for sex with minors in the United States. Instead, domestic children induced to perform a sexual act in exchange for food or transportation, or maybe as a form of “rent,” are often blamed for their own victimization.  In fact, in 36 states, commercially sexually exploited children may be prosecuted for prostitution and are stigmatized as “prostitutes.” Why is moral or criminal fault assigned to a child who is sexually exploited, sometimes in order to survive?

In these scenarios, the buyer is the manipulator and offender, not the youth.  In fact, in instances of sex trafficking, the buyer is the indispensable perpetrator, even more so than a possible trafficker. Without the buyer, there would be no commercial sexual exploitation, at all.  However, sex trafficking often is still viewed as requiring a “pimp” or trafficker who controls the child victim. Accordingly, the sex trafficking laws in 14 states, unfortunately, do not accurately reflect the central role of the buyer-perpetrator; these states require the presence of a trafficker or third party control over minor victims.[2]  A policy paper by Shared Hope, Eliminating the Third Party Control Barrier to Identifying Juvenile Sex Trafficking Victims, discusses social misperceptions and legal inconsistencies that result from misunderstanding the buyer’s central role and requiring that a trafficker be named.  One devastating effect is that many juvenile sex trafficking victims are not identified, nor provided much needed services.

Buyers who prey on vulnerable children by withholding life necessities in exchange for sex should be held accountable.  This conduct needs to be understood as the manipulation and exploitation that it is and included within sex trafficking definitions.

——————————————————————————–

[1] Statistic based on laws enacted as of August 1, 2014.

[2] Statistic based on laws enacted as of August 1, 2014.

September 21, 2015 by Guest

Maricopa County Prosecution Wins Guilty Verdict for Buyer in 20 Minutes

Prosecutors in Phoenix are celebrating a major victory this week after securing a guilty verdict for a man convicted under Arizona’s “child prostitution” law for attempting to buy sex with a law enforcement officer who he believed to be a 16 year old girl. According to Maricopa County Attorney Bill Montgomery, this is the first jury verdict for this type of operation in Arizona.

The case of Paul Daniel Wagner, which was prosecuted by the Maricopa County Attorney’s Office will have statewide impact as the jury’s verdict clarifies that trying to buy sex with a minor, or someone posing as a minor, is a serious crime.

As Shared Hope’s Protected Innocence Challenge report card for Arizona shows, Arizona has strong laws to combat demand for commercial sex with minors, a driving force behind the sex trafficking industry. However, bringing buyers to justice is a resource-intensive and challenging task. A primary challenge in combatting demand has been the growth of online exploitation of juvenile sex trafficking victims which allows both traffickers and buyers to remain anonymous and avoid detection by law enforcement.

In recent years, Phoenix-area law enforcement have led efforts to tackle demand through online sting operations and as a result, the area has seen a substantial increase in the identification and arrest of offenders seeking to pay for sex with a minor. When Shared Hope conducted an assessment of Arizona’s response to sex trafficking in 2010, research showed that only five of the 87 cases prosecuted under the “child prostitution” law since 2006 had involved buyers. In contrast, when Shared Hope conducted an assessment of anti-demand enforcement in Arizona in 2015, the Maricopa County Attorney’s Office had commenced 89 prosecutions of buyers under the child prostitution law since December 2013.

Nevertheless, prosecution of buyers arrested during sting operations has presented its own set of challenges. In Shared Hope’s 2015 research, Demanding Justice Arizona, online sting operations served as the primary method of identifying buyers in the greater Phoenix region but one of the concerns to this approach was whether judges and juries would treat these cases as seriously as cases involving actual victims—particularly when offenders identified through sting operations were attempting to buy sex with a minor older than 15.

The jury verdict finding Paul Daniel Wagner guilty of a Class 2 felony for attempting to buy sex with a law enforcement officer who he believed to be a 16 year old girl indicates a rising intolerance for this crime. This case reflects the growing understanding that buyers of sex with minors—including those who target older minors—are not just guys who “made a mistake” or were “entrapped” but instead are serious offenders deserving of serious penalties.

Help us shift the stigma. #DemandJustice for buyers at www.demandingjustice.org.

September 4, 2015 by Guest

Why wasn’t Jared Fogle charged with sex trafficking?

About two weeks ago, Jared Fogle, famous for his Subway sandwich diet, was indicted for two serious federal sex crimes: 1) receiving and distributing child pornography and 2) traveling to engage in illicit sexual contact with a minor. (Fogle has since pleaded guilty to both offenses).

Recently, public debate questioned, ”why wasn’t Fogle charged with rape?” But why not sex trafficking? The indictment alleges facts that would amount to sex trafficking under federal law, such as allegations that Fogle paid for sex acts with a minor in the Plaza Hotel and in the Ritz Carlton Hotel in New York City. The indictment also reports that Fogle offered to pay for sex with other minors and asked to be put in contact with other youth saying, “the younger the girl, the better.”

In May 2015 the Justice for Victims of Trafficking Act (JVTA) was enacted and clarifies that the federal crime of sex trafficking includes buyer conduct by adding “patronizes” and “solicits” as prohibited conduct.  Importantly, force, fraud or coercion does not have to be proven when a minor is “caused to engage in a commercial sex act” to be sex trafficking. In fact, buyers commit sex trafficking offenses regardless of whether there is a third party or trafficker involved, as discussed in Shared Hope’s recent policy paper, Eliminating the Third Party Control Barrier to Identifying Juvenile Sex Trafficking Victims.

But what about New York’s ability to respond to this type of behavior and protect minors? The lack of appropriate state-level offenses is a glaring issue here. First, New York is an outlier as one of only 4 states that requires that force, fraud or coercion be used to identify a child who is bought or sold for sex as a victim of sex trafficking. Second, New York’s sex trafficking law does not apply to buyers, but only someone who “intentionally advances or profits from prostitution.” (Profiting from prostitution is defined to specifically exclude patrons.) Third, New York’s CSEC (Commercial Sexual Exploitation of Children) offenses only protect victims under 14. The criminal offense of “Patronizing a prostitute” in New York would apply to buyers of older minors – the same way it applies to adults who are patronized –in the third degree, which is a Class A misdemeanor with a possible sentence of up to 1 year imprisonment and a possible fine not to exceed $1,000.  So, in essence when wealthy buyers travel to NYC and exploit minors for sex, it is potentially a low level offense under New York state law. Although “patronizing a prostitute” in the first and second degree apply when minors under the age of 11 and 14, respectively, are exploited, this simply exacerbates unfair, damaging stigmas that minors of any age who are sexually commercially exploited are considered “prostitutes.”

Regarding our cultural understanding and the language used to refer to the sex trafficking or commercial sexual exploitation of children, the public debate and sensitivity is rightfully attuned.   The exchange of money does not sanitize predatory behavior or the resulting victimization and underlying exploitation of minors’ vulnerabilities. Laws must be enacted and enforced, on both the federal and state level that apply to buyers with penalties that reflect the seriousness of these crimes.

July 8, 2015 by Guest

OVC TTAC Trafficking Webinar for Service Providers

Department of Justice’s Office for Victims of Crime Training and Technical Assistance Center (OVC TTAC) Offers Human Trafficking Webinar Series for Domestic Violence and Sexual Assault Service Providers

Due to the coercive and abusive nature of human trafficking, it is common for victims to experience overlapping forms of victimization, particularly domestic violence and sexual assault. Despite experiencing complex forms of trauma, many survivors of trafficking are unrecognized, criminalized, or do not receive adequate services to address their complex needs.

Culminating September 24, OVC TTAC’s five-part webinar series aims to impart domestic violence and sexual assault service providers with the strategies, practical tips, case studies, and resources necessary to identify and aid survivors of human trafficking.

With topics ranging from Balancing Collaboration, Confidentiality and Privilege on Human Trafficking Cases to Collaborating with Culturally Specific Organizations to End Human Trafficking, Domestic Violence and Sexual Assault, the series intends to promote a collaborative approach to victim identification and care.

Shared Hope is dedicated to providing training to increase the identification of those victimized and vulnerable to trafficking and improve the response of service providers and justice systems. Our largest training, the Juvenile Sex Trafficking (JuST) Conference, occurs this November: sharedhope.org/just2015.

To register for an OVC TTAC Trafficking Webinar, click below on the appropriate session title.

Topics, Dates and Registration

Collaborating with Culturally Specific Organizations to End Human Trafficking, Domestic Violence and Sexual Assault  — July 9, 2015 @ 2:30 p.m. ET

Working Together Part I: Law Enforcement — August 13, 2015 @ 2:30 p.m. ET

Working Together Part II: The Courts — September 24, 2015 @ 2:30 p.m. ET

Full Agenda

TOPIC: Human Trafficking, Domestic Violence, and Sexual Assault: Strategies to Strengthen Community Collaboration to Respond to Survivors’ Needs

Go here to view webinar recordings and schedule.

OVC TTAC

June 26, 2015 by Guest

How Tennessee Sentenced Buyer to 22 Years in Prison

Editorial Note: After publication of this piece, Michael Kohlmeyer was declared not guilty. The jury’s previous verdict noted below was overturned by Criminal Court Judge Mark Fishburn. Reports indicate that the Nashville District Attorney’s Office plan to appeal this ruling.

He wanted to buy girls “just over 8, not over 16.” That’s what Michael Kohlmeyer told the person answering responses to an online ad for sex.  Thankfully for our children, the person answering the phone was actually an undercover Metro Nashville (TN) police detective.

Men wanting to purchase sex with a child are, unfortunately, not uncommon. What sets Mr. Kohlmeyer apart is that he was the defendant in the Davidson County (Nashville) District Attorney’s Office’s first successful prosecution of a customer of sex trafficking under Tennessee’s enhanced human sex trafficking laws. Kohlmeyer was found guilty of Trafficking for a Commercial Sex Act—convicted of offering to pay $5,000 for sex with a 12-year-old girl and sentenced to 22 years imprisonment.

The case was built on a 2014 law increasing the penalty for patronizing a prostituted person who is under 18 from a Class E felony to a Class B felony, and to a Class A felony for victims under 15.

During Kohlmeyer’s sentencing hearing, End Slavery Tennessee called on a strong volunteer base to pack a courtroom that would have otherwise stood virtually empty. Our intent was to send a clear message that the community cared and would not tolerate the purchase of our children.

Prosecuting those who purchase sex with minors under trafficking laws is one of the tools Tennessee now uses to stem the tide of demand for purchased sex. As with any business, if demand decreases, so does the motivation for suppliers.

In other approaches to lessen demand, End Slavery Tennessee (ESTN) uses a curriculum from the Chicago Alliance Against Sexual Exploitation (C.A.A.S.E.) with middle and high school boys. These sessions leverage an interactive approach to engage young men in dialogue about the sex trade and empower them to stand as allies against sexual exploitation and violence.

ESTN also teaches a session in the local John school, letting men arrested for soliciting prostituted persons know that their choices drive human trafficking of children. And we educate the participants that adult prostituted women invariably have been abused as children, often multiple times, and that customers perpetuate the abuse when they buy sex.

We’ve shared on our social media and in trainings the excellent research and infographics from Shared Hope’s Demanding Justice Project.

In May 2015, Tennessee Bureau of Investigation (TBI) agents conducted an undercover operation to identify potential victims of trafficking, arrest those seeking to purchase illicit sex, and learn more about the specific nuances of this type of crime. Among the fourteen men arrested were a pastor, an Army lieutenant, a farmer, and a small business owner. Their names were printed in local newspapers and on local news media sites.

Law enforcement and prosecutors are very much in the game now in Tennessee, thanks to strengthened laws, effective NGO partnership, years of awareness and education efforts and now the energized and organized efforts of those who enforce and prosecute. Other states take notice—our traffickers now seek relocation to a more hospitable business climate. By employing such tools and efforts in every state, we can drive many traffickers out of business.

derri smith photo

 

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