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3/16/08
Model Letter- Protest Federalizing, Expanding
Prostitution Criminalization
(Dave notes I totally support - although I think it could be pointed out that at
least outcall is legal in almost all the world except the U.S. with no real
issues and relate it to in private consenting adults)
)
Please send to your Senator and distribute widely! The model letter is attached.
Below is the cover letter :
Dear Sex Worker Supporters,
Sex Workers Outreach Project-Northern California and the US PROStitutes
Collective have joined together to oppose changes in the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2007 (TVPRA H.R.3877). On
December 4, 2007 the Bill was passed in the United States House of
Representatives with 405 ayes and 2 nays and it is now before the US Senate.
As you may know, concern about trafficking is being exploited to promote a
moralistic and dangerous crusade against prostitution - a crusade we are
determined to stop.
H.R. 3887 has two very problematic aspects: 1) It would allow the Department of
Justice to prosecute traffickers without having to prove "fraud, force or
coercion", or a victim's status as a minor. 2) It adds an amendment to the
discredited 1910 Mann Act which prohibits interstate transportation of women for
'immoral purposes' so that if a person 'induces or entices' any individual to
engage in prostitution or attempts to do so, they can be charged with the new
offence of 'sex trafficking' and imprisoned for up to 10 years.
We know from speaking to politicians who have been lobbied that the campaign for
this legislation is a determined one which is having some success. It is being
presented as a progressive change. Congresswoman Carolyn B. Maloney
(D-Manhattan, Queens), co-chair of the Congressional Human Trafficking Caucus
and co-author of H.R. 3887 said recently "By eliminating the need to prove
force, fraud, or coercion except to obtain enhanced penalties, prosecutors will
have a more effective way to crack down on traffickers." Nothing could be
further from the truth. Sex workers and our friends and family will be pursued
as easy targets and criminalized under this law whilst the real traffickers will
go free.
Please urgently send your own letter, or the enclosed form letter, to your
Senator and encourage them to vote against H.R. 3887. If you don't know who your
Senator is or how to contact them please click here and follow the directions:
http://www.visi.com/juan/congress/
More info:
http://www.bayswan.org/traffick/HR3887.html
http://multiracial.com/site/content/view/1582/49/
http://www.govtrack.us/congress/bill.xpd?bill=h110-3887&tab=summary
http://www.opencongress.org/bill/110-h3887/show
http://thomas.loc.gov/cgi-bin/query/D?c110:4:./temp/~c110rVUxT3: :
Robyn Few, SWOP-USA
Model letter
The Honorable____________
United States Senate
331 Hart Senate Office Building
Washington, DC 20510
Re: HR 3887 William Wilberforce Trafficking Victims Protection Reauthorization
Act of 2007
Dear Senator_________________ ,
As you are aware, many people are justifiably concerned about people trafficked
into sweat shops, farms, the sex industry and elsewhere. But proposed amendments
to HR 3887, currently in the Senate, which reauthorizes the Trafficking Victims
Protection Act (TVPA) by amending the Mann Act will make it more difficult to
investigate and prosecute serious cases involving violence and coercion while
providing no extra protection to victims.
These amendments to the Mann Act say that if someone 'induces or entices' any
individual to engage in prostitution or attempts to do so, they can be charged
with the new offence of 'sex trafficking' and imprisoned for up to 10 years. No
proof of 'force, coercion and fraud' is needed to prosecute cases. This is so
broad as to potentially criminalize anyone peripherally involved in helping
someone practicing prostitution in another state.
This change is premised on the claim that all prostitution is coerced. Sex
workers, like everyone, have always distinguished between the sex they consent
to (for money or not) and rape. While many may prefer another job, they also
point to the fact that sex work is often better paid than most of the low-waged
jobs women do.
Fraud, coercion and deception are already part of the TVPA. Existing laws of
abduction, kidnapping, false imprisonment, rape, grievous bodily harm and
extortion can also be used.
These changes will:
1) Create an impractically large class of people under the jurisdiction of
federal sex trafficking/ prostitution law enforcement, even when they
consensually exchange sexual services for money;
2) Divert needed resources and attention away from very real cases of
trafficking which involve coercion, force and violence. The millions of dollars
designated for the TVPA to go after violent assailants of women and children
will be instead used to go after sex workers;
3) Put more power to arrest and prosecute people in the hands of Federal
agencies who are unaware of local issues rather than State authorities.
There is now considerable evidence to show that figures on the number of
trafficking victims are inaccurate and inflated. This legislative change which
makes no distinction between genuine victims and those working independently in
the sex industry would artificially inflate the figures further.
We urge you to vote against these changes to H.R. 3887, which would dangerously
undermine efforts to combat serious trafficking by conflating trafficking with
prostitution.
With warmest regards,
Me
1234 any avenue
Anytown, USA 12345
3/5/08 Federal Anti- Prostitution Act Update
In 2007 at
http://www.sexwork.com/legal/Fedlaw.html and on various boards and the
Private List I encouraged a mass letter writing campaign to House members
against the definition of "trafficking" in HR 3887 which includes in private
consenting adults vs. "coerced" prostitution which is defined as "extreme
trafficking". I assumed it would be quickly passed in the Senate like the House
and signed by Bush so I gave up.
However I am in discussion with Carol Leigh (who was the first to use the term
sexwork decades ago). I just discovered it has not yet even been introduced in
the Senate.
Carol's site at
http://www.bayswan.org/traffick/HR3887.html#1 has GREAT letters that
express my concern about the definition and as I had reported even the DOJ and
Police Officer groups are against using Federal laws to enforce what should be
local only prostitution laws for consenting adult prostitution (which is
included in the "trafficking" definition.) The bad definition refers back to the definitions in the
original section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9))
As I reported Aussie Amber who visited Phoenix and was on the Private List,
husband was busted under the old act with the same trafficking definition which
includes all prostitution. Amber only faced a misdemeanor but her husband faced
a Federal Felony since helping her with the phones is "trafficking". He faced 20
years in Federal prison. I had tried to contact them at the time with no
success.
The good news is the FUNDING expired at the end of 2007 which is the reason for
HR 3887 which passed in December to extend the funding (to authorize
appropriations) for fiscal years 2008 through 2011 for the Trafficking Victims
Protection Act of 2000. But again it has not yet been introduced in the Senate
but could be at any time.
The bottom line is if the good argument made against the Federalizing
"consenting adult prostitution" it hopefully will delay or kill it. If the
Senate amends it to change the definition (they should remove the trafficking
definition and only have it apply to "extreme trafficking" which is coerced, it
than faces a conference committee.
Hopefully the Senate will not just ignore the arguments and just pass it - since
its against "trafficking" - without realizing the issues. Sadly it passed
quickly in the House but I wonder if House members realized the details that
applied to in private consenting adults being included in the "trafficking"
definition.
Other aspects of HR 3887 against coerced "severe trafficking" and against child
sex I support of course. Although there are already laws to deal with that such
as kidnapping etc.
12/9/07 UPDATE ON: Trafficking Victims Protection Reauthorization Act of 2007
A bill to authorize appropriations for fiscal years 2008 through 2011 for the Trafficking Victims Protection Act of 2000, to enhance measures to combat trafficking in persons, and for other purposes.
My letter faxed to Tom Lantos, its sponsor and others is shown below.
I also have been in e-mail exchanges with Robyn Few founder of SWOP. While we disagree on the street hooker issue, we certainly are in agreement in fighting this law and have had good e-mail discussions and some of my response has gone out on the SWOP mailing lists.
As Robyn pointed out, beyond my issue that in private consenting adult prostitution is included in the trafficking definition so the FEDS can continue to enforce and provide funding for going after sexworkers when there is no force or coercion involved the Amendments also could be argued to include all Internet dialog, website etc that crosses state lines (all do). This is an expansion of the Mann Act. This could be used against even CragsList, all the sexworker boards, even the Private List if it has anyone getting it in another state. Federal crime promoting trafficking (even if consenting adults in private) with up to 20 years in prison
As SWOP said in there press release:" Even the Dept. of Justice is squawking at this one. With limited resources to enforce laws prohibiting coercion and trafficking in women and children as it is, this amendment which will basically affect the medium in which consenting adults communicate gives new meaning to the long arm of the law." .
SWOP also has pointed out that the language should be similar to the California Trafficking Protection Act, which only applies to forced or underage acts.
It is surprising that Tom Lantos is sponsoring this as he has a record in support of individual civil rights, including gay rights.
Reporting on a SWOP press conference in the front of Latos's office in CA,
Robyn says: "I agree that Lantos is not the enemy. SWOP did not attack him
but we did say that we did not agree with amendments to the Mann Act and that we
want the trafficking definition to be the same as in the California Trafficking
Protection Act. I talked about creating more felons from the sex industry and
keeping commercial prostitution a states rights issue. Maxine and Lisa went up
and spoke with his aide and she was very cordial and took notes. Max asked if
they could testify in Congress. We had planned on doing this at the federal
building but decided to go to Lantos because he is the sponsor.
THE RESULT (SADLY):
Dec 4, 2007: This bill passed in the House of Representatives by roll call vote. The vote was held under a suspension of the rules to cut debate short and pass the bill, needing a two-thirds majority. The totals were 405 Ayes, 2 Nays, 24 Present/Not Voting.
There is a companion bill in the Senate which I suspect will get approved quickly with overwhelming support. I wonder how many Congresspeople realize that "trafficking" is not limited under the law to forced or coerced like most people think of when they hear all the overblown hype about "trafficking".
All these trafficked people that are forced, it seems are almost no where to be found according to the government data which shows the huge numbers quoted for the original 2000 Act justification can't be found. But it gives local LE as well as the Feds more ammo and excuses to go after in private consenting adults since they are committing Federal Crimes under the Act.
Oh Canada! And most of the rest of the world that respects private sexual rights and in private consenting adult sexwork choices.
More info from e-mail to Dave from an informed person:
Dear David:
Norman did his thing this afternoon and he found that the trafficking bill HR
3887 has already passed the House and is in the Senate Judiciary Committee where
Senator Schumer is a member. I contacted his office but no answers so far. I
have a hunch it is a done deal and the Senate will just rubber stamp it and it
will become law in March 2008.
Norman found the rhetoric given by various people to the House to encourage
passage. I sent the text to you already and it contains a passage where Carolyn
Maloney discusses .... as a villain. I take note that she has toned down her
words from previous years but the implications are still obvious. While she is
on the floor of the House she can say anything she wants too as the truth can
take a holiday. Last year on cable TV she said words that should cost her dearly
someday.
As you can see from the text of the Congressional Record the rhetoric is very
strong and very determined to wipe out all forms of sex between men and women,
There is no room for consensual or compromise. I still need to see if I can get
to Jerry Nadler (Representative of the 8th District of New York) ,and his staff.
Maybe we can effect a change.
On to the Senate and then to Bush who will obviously sign it into law
Highlights of e-mail 12/9/07:
Dear Dave..
...I e-mailed Sen. Chuck Schumer, a member of the Judiciary Committee now
considering the trafficking bill. I raised seven objections: jurisdiction, vague
language, the mischaracterization of consensual conduct as trafficking, the
misplaced emphasis on sex when sweatshop abuses are far more prevalent, the
ulterior motives of proponents as way beyond human rights, the harmful effects
of moralism on our foreign relations, and law enforcement abuses and
absurdities.
I pointed out that the State Department's anti-trafficking office has flunked
the last two GAO audits on its statistics gathering, that President Bush has
used these anti-sex campaigns as a sop to the Christian Right to divert
attention from his embrace of the business sector engaged in very un-Christian
greed and con games,...
Congressional Record Brief
Highlights of Carolyn Maloney testimony
...although we passed the constitutional amendment against slavery in 1865,
slavery still exists, not just in the world, but in the United States of
America...A young woman, who couldn't even use her real name in the committee,
told about the trafficking of human beings inside of America, in the City of
Detroit, where this club was using her to commit all kinds of acts and raise
huge amounts of money at the same time. As one of the television shows on NBC
showed yesterday morning, guess what? There is more money being taken out of
prostitution in America than in the drug industry. Drugs come number two to
prostitution and involuntary servitude.
(Dave notes this was the Cheetahs strip club in Detroit where it seems forced to
work by organized crime. This is about kidnapping not prostitution! Yes go after
forced prostitution but the Act makes promoting all prostitution a Federal
Crime)
... This is what brings all of us to the floor today. I am very proud of these
two committees in the House that are dealing with new enforcement tools to
combat modern-day slavery, whether the exploitation is by unscrupulous labor
recruiters, by diplomats who abuse their services, or by brutal street pimps who
coerce and keep under their domain these women, young women, at that.
... And the crime entitled ``sex trafficking'' improves the Mann Act to allow
prosecution of pimps whose activities affect interstate commerce, not just those
who actually cross a State line.
...This bill is named in honor of William Wilberforce, the famous English
antislavery legislator of the Nineteenth Century.
The Congressional Record goes on and on with more speakers about the slavery
nature of human trafficking related to prostitution in the U.S. and abroad.
There is no discussion or acknowledgement that their could be consensual freely
chosen prostitution - just the horrors of slavery and forced prostitution.
I support laws against forced prostitution, aka kidnapping which is already a
Federal Felony. But the Act in its definition of trafficking includes all
prostitution with a 20 year prison term. If "forced" its extreme trafficking
with up to 40 year in prison. The law should only cover "forced" as probably
most in Congress think it does, who haven't read the definitions in the original
2000 Act this rereauthorizes and funds for 3 more years.
Update 12/3/07
IMPORTANT Opportunity to Change Federal Law
(see earlier articles below for background)
Trying to get a message to California Rep Tom Lantos the Sponsor
I attempted to send this response to Tom Lantos via is reply on his website. But
it is rejected since I don't have a CA zipcode!
I have faxed the following to his DC office and encourage others to express
their views:
On Liberated Christians Letterhead on 12/3/07
Memo to: The Honorable Tom Lantos
FAX: 202-226-4183 & 650-375-8270
Re: H.R. 3887: William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2007
Since this Act doesn't change the definition of the original 2000 Act, do you
realize that the definition of trafficking includes all prostitution including
consenting, in private, adult prostitution? This is legal in almost all the
world except the U.S. (at least outcall).
In the original 2000 Act the definition of "severe trafficking" is "forced". But
“trafficking” includes consensual adults. HR 3887 mostly enforces "trafficking"
with it’s help and study of for non existent victims (of adult consensual)
included in “trafficking”. It would seem to not help at all victims of "severe
trafficking" because it only says “trafficking” (consensual)
(Dave notes re reading this a few days later it is confusing and since
trafficking includes both consensual and forced I could have worded this better)
Reference
Definitions (refers back to the definitions in the original section 103(9) of
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)) which says:
SEX TRAFFICKER.—The term ‘‘sex trafficker’’ means any person who, for financial
gain, recruits, harbors, transports, provides, or obtains a person for the
purpose of using them for unlawful commercial sex acts.
SEVERE FORMS OF TRAFFICKING - "Severe" means if by force, fraud or coercion.
The solution is easy. Amend the definition in the 2000 Act of trafficking and
make it the definition contained in severe trafficking which is forced. The you
can delete everywhere the word "severe" since that is the only form of
trafficking, Result is no money wasted on Federal enforcement of consensual
adult prostitution.
Taxpayers in many polls do not want their tax dollars going toward arresting in
private consenting adult sex acts. Further it may be unconstitutional under the
Lawrence vs. Texas Supreme Court case.
Since you are so strong on other civil liberties issues, especially the rights
for gays etc I don't see how you support Federal enforcement of private
consenting adult sex acts.
It is a huge waste of public resource, police, federal agents, the courts and
prosecutors to go after in private consenting adult prostitution vs. real
criminals committing crimes that have real victims. The vast majority of
prostitution is not exploitive. Yes, forced trafficking as with the 2007 Rhode
Island law should be illegal and use public resources to fight trafficking that
has real victims, not consenting private adult prostitution that is included in
the current Trafficking Act that is trying to be reauthorized.
I have prepared much more research and arguments against the Act related to
changes needed in the 2000 Act and various other points at http://sexwork.com/legal/Fedlaw.html
While I am not in California I have been an active national consenting adult
sexual rights advocate for decades and you are the sponsor of this bill
Dave in Phoenix
Promoting Intimacy and Positive adult sexuality
www.sexwork.com
www.lovetouch.com
www.sexworkcanada.com (with the freedoms we lack)
www.libchrist.com - no issue biblically with "common" consenting adult
prostitution - not the temple prostitutes worshiping the fertility gods -
idolatry the sin not prostitution
Co-sponsors:
Dave notes I encourage folks to send letters, e-mails or copy this to the other
co-sponsors which I at least can't e-mail since most have sites that reject out
of state e-mails: Over the next few days I will try and send similar e-mails to
their fax numbers. But hearing from more than just me - not even in their state-
is more effective but can use my letter above if you wish or just support it by
quoting it to them.
Fax phones are easy to find at
http://www.congress.org/congressorg/directory/congdir.tt
See Congressional Directory and select letter of last name to narrow it down or
use their name. I am sending both to their DC office and local office. They also
list phone numbers if any one wants to call them and talk to staff.
Rep. Howard Berman [D-CA]
Rep. Dan Burton [R-IN]
Rep. Steven Chabot [R-OH]
Rep. John Conyers [D-MI]
Rep. Thelma Drake [R-VA]
Rep. Jeffrey Fortenberry [R-NE]
Rep. Alcee Hastings [D-FL]
Rep. Sheila Jackson-Lee [D-TX]
Rep. Zoe Lofgren [D-CA]
Rep. Carolyn Maloney [D-NY]
Rep. George Miller [D-CA]
Rep. Jerrold Nadler [D-NY]
Rep. Donald Payne [D-NJ]
Rep. Joseph Pitts [R-PA]
Rep. Ileana Ros-Lehtinen [R-FL]
Rep. Albio Sires [D-NJ]
Rep. Christopher Smith [R-NJ]
Rep. Hilda Solis [D-CA]
Rep. Frank Wolf [R-VA]
In addition and would be useful to send to your local representative and Senator
Address and faxes at on site listed above.
If the bill passes the House, then we have to communicate more with the Senate
sponsors. But there may not be much time. There is a companion Senate bill but
the House PROBABLY has to pass first since its a spending not a revenue bill.
Civics lesson:
In accordance with the Constitution, the Senate cannot originate revenue
measures. By tradition, the House also originates general appropriation bills.
If the Senate does originate a revenue measure either as a Senate bill or an
amendment to a non-revenue House bill, it can be returned to the Senate by a
vote of the House as an infringement of the constitutional prerogative of the
House.
Dave notes:
I doubt that very many in Congress even realize the two definitions. I bet if
they realized it uses Fed funds for private consenting adult sexwork that it
would have the support.
But again, I bet few realize this difference since "trafficking" sounds so bad
and implies forced but that is not the definition in the Act which includes
consenting.
IMPORTANT Opportunity to Change Federal Law
Under the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)) that
was reauthorized in 2005 but for which funding expires after 2007 the DEFINITION
of trafficker includes ALL prostitution not just forced!
Funding expires at the end of 2007. The Act is up for reauthorizaation now under
the current Anti-Human Trafficking Bill which many in Congress are trying to get
passed by the end of the year.
If it was forced it was "Severe Forms" with higher penalties. But aiding
consenting private adult prostitution like Aussie Amber's husband was charged
with for setting up appointments for her results in 20 years in prison even if
not forced, but consenting. To me the most important thing is to get the
definition changed to forced like Rhode Island did in June 2007
I have extensive info on the 2005 Reauthorization Act at
http://www.sexwork.com/coalition/Federallaw2005.html
The details of the Rhode Island new law where trafficking only includes forced
into prostitution is at
http://www.sexwork.com/legal/RhodeIsland.html
Here is the definition problem from the Trafficking Victims Protection Act
Definitions (refers back to the definitions in the original section 103(9) of
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)) which says:
SEX TRAFFICKER.—The term ‘‘sex trafficker’’ means any person who, for financial
gain, recruits, harbors, transports, provides, or obtains a person for the
purpose of using them for unlawful commercial sex acts.
SEVERE FORMS OF TRAFFICKING - "Severe" means if by force, fraud or coercion.
But non "severe" trafficking does not require any coercion, i.e. consenting
adult sexworkers.
The sex trafficker definition includes the massage parlor owner the escort
agency owner regardless if its consenting private adult sexwork that is not the
exploitative relationship the world "sex trafficker" implies.
Aussie Amber's husband was charged with this just for helping wife answer phones
and set up appointments when touring the U.S. My discussion of the law and
Aussie Amber is at
http://www.sexwork.com/legal/TraffickingLaw.html
Consensual in private sexwork as a choice is legal (at least outcall) in almost
all the world except the U.S. It is a choice for example of millions of college
educated women who choose private consenting adult private sexwork. See
http://www.sexwork.com/coalition/whatcountrieslegal.html
What's more the law against private consenting adult sexuality may be
unconstitutional under Lawrence vs Texas -see
http://www.sexwork.com/legal/LawrencevsTexas.html The Supreme Court
said laws can not be based on religious morality nor take away the sexual
freedoms of consenting adults in their private place (which is what outcall
prostitution is)
This issue is far more important than the Mann Act changes, which we should also
fight!
It is a huge waste of public resource, police, federal agents, the courts and
prosecutors to go after in private consenting adult prostitution vs real
criminals committing crimes that have real victims. The vast majority of
prostitution is not exploitive. Yes forced trafficking as the new Rhode Island
law should be illegal and use public resources to fight trafficking that has
real victims, not consenting private adult prostitution that is included in the
current Trafficking Act that is trying to be reauthorized.
Prostitution between consenting adults is not trafficking and it is not slavery
no matter how much the religious groups and anti-sex feminists have
sensationalized and lied about it. Even in biblical times "common" prostitution
was never wrong - see
http://www.sexwork.com/coalition/christian.html
As one escorts signature line says:
Happy escorts make happy clients.
Happy clients make a happy business.
A happy business makes a happy life.
A happy life is a good life.
---
As Ivy says what she enjoys the most of escorting (outcall prostitution);
Re: The Top Things I Like About Escorting
November 26, 2007, 12:25:03 AM »
I like a variety of things.
1. The freedom. Freedom in several ways. The freedom of having my own money.
Being able to choose who to see. Being able to set my own hours. The freedom to
explore sexuality. Hmm, perhaps I should elaborate more about freedom in a
future column. I feel inspired!
2. Meeting new people. In spite of my shyness, I'm a people person.
3. Having to be the aggressor at times with newbies who are also shy has lowered
my shyness. I used to be very shy, almost painfully. I like that it has greatly
dissipated.
4. The money. That is given. However, I'm able to make money doing something I
enjoy. Not all people can say that.
5. Helping people. Granted, satisfying a person's sexual needs is helpful. But,
at times, some people also like being able to talk. Someone to just listen to
them, and what not. I love it when not only sexual needs are met, but other need
has been fulfilled, to some degree.
===============================================
Anti-Human Trafficking Bill Would Send FBI Agents
on Trail of Pimps
Washington Post November 29, 2007; A05
Local vice police officers, who for decades have led the law-enforcement
crackdown on prostitution, could soon have unwilling partners: FBI agents.
The Justice Department is fighting legislation that would expand federal law to
cover prostitution cases, saying that the move would divert agents from human
trafficking crimes. Although local police still would handle the vast majority
of cases, Justice officials said the law's passage would force them to bring
cases in federal courts as well.
Some anti-trafficking activists and members of Congress say the federal
government should be involved in policing prostitution. Prostitution is a social
evil, they say, and increased law enforcement can only help the campaign against
it. "It's mind-boggling that the Justice Department would be fighting" the bill,
said Dorchen Leidholdt, a founding board member of the Coalition Against
Trafficking in Women, an activist group pushing the change. "They have the power
to pick and choose the cases they want to prosecute. They don't have to
prosecute local pimps if they don't want to."
The new provision is part of a bill reauthorizing the federal human trafficking
statute, which passed Congress in 2000 and helped trigger a worldwide fight
against what many consider modern-day slavery. The House Foreign Affairs
Committee this month approved the legislation, which has bipartisan support and
is expected to be taken up by the full House next week. Its prospects in the
Senate are unclear.
The battle against trafficking is a major priority for the Bush administration,
which is attacking it with 10 federal agencies reporting to a Cabinet-level task
force chaired by Secretary of State Condoleezza Rice. But there has been heated
debate, even among the dozens of organizations fighting trafficking in the
United States, over whether prostitutes should be considered trafficking
victims.
Federal officials define trafficking as holding someone in a workplace through
force, fraud or coercion, elements that are required to prove a trafficking case
under federal law, other than in cases involving minors. Trafficking generally
takes two forms, forced sex or labor. But some activists argue that all
prostitutes, even those not forced to turn tricks, should be defined as
trafficking victims and their pimps subject to federal prosecution. (Dave notes
READ THE 2000 ACT that has been reauthorized in 2005 - It does just this)
The debate over the bill comes amid broader questions over how many victims are
trafficked into the United States. The government estimated in 1999 that about
50,000 slaves were arriving in the country every year. That estimate was revised
downward in 2004 to 14,500 to 17,500 a year. Yet since 2000, and despite 42
Justice Department task forces and more than $150 million in federal dollars to
find them, about 1,400 people have been certified as human trafficking victims
in this country, a tiny fraction of the original estimates. The House
legislation cites the government's current estimate of up to 17,500 victims a
year, but the Justice Department, in a Nov. 9 letter to congressional leaders,
"questions the reliability" of the numbers. "Such findings, without a full body
of evidence, are counter-productive," the letter says.
The letter also expresses opposition to the provision that Justice officials
said would expand federal jurisdiction to cover prostitution offenses, which the
department calls unnecessary and "a diversion from Federal law enforcement's
core anti-trafficking mission." A senior Justice official, who was not
authorized to speak for the record, reiterated the department's opposition
yesterday. "Prostitution is abhorrent, but state and local law enforcement
officials already do an excellent job fighting it," he said.
Rep. Carolyn B. Maloney (D-N.Y.) said yesterday that she strongly supports the
bill. "We want to crack down on sex trafficking, and DOJ can allocate its
resources to go after the most serious cases," she said. But Jack McDevitt, an
associate dean in Northeastern University's College of Criminal Justice, who has
studied local law enforcement's response to trafficking, said the Justice
Department's concerns are warranted.
"Cases in local prostitution and pimping are better handled by local law
enforcement, which have the contacts in the community and are going to find more
intelligence about these crimes," he said. "Every major police department in the
United States has had a vice unit for the past 50 years."
===============================================
Draft of suggested letter to your Congress person
and others
Re: Anti-Human Trafficking Bill
Summary
While I totally support strong laws against coerced human trafficking in
prostitution I am appalled that the Trafficking Victims Protection Act of 2000
which this Bill seeks to reauthorize (as did the 2005 Reauthorization Act for 2
years) includes in its definition of trafficking, in private consenting adult
prostitution. This is a huge waste of public resources to go after what is legal
in almost all the world except the U.S., consenting adult private prostitution.
Taxpayers in many polls do not want their tax dollars going toward arresting in
private consenting adult sex acts. Further it may be
unconstitutional under the Lawrence vs. Texas Supreme Court case.
Unless the current Bill changes the definition of trafficking from the original
2000 Act, only "severe trafficking" is coerced.
Definitions (refers back to the definitions in the original section 103(9) of
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)) which says:
SEX TRAFFICKER.—The term ‘‘sex trafficker’’ means any person who, for financial
gain, recruits, harbors, transports, provides, or obtains a person for the
purpose of using them for unlawful commercial sex acts.
SEVERE FORMS OF TRAFFICKING - "Severe" means if by force, fraud or coercion.
Therefore consenting adult private prostitution is covered with penalties up to
20 years in prison vs harsher penalties if "severe"
This is outrageous for the millions of adult sexworkers that freely choose
private prostitution as a career in forms that are legal in almost all the world
except the U.S. We are denied the sexual freedoms that most of the world enjoys.
Hopefully you will oppose this act or be sure the definitions are rewritten to
only oppose forced or coerced prostitution.
Extensive background and discussion
(I would include all the points from above before the Washington Post article,
if some staffer wants to really understand the background and what we are
talking about).
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