Tuesday, November 26, 2013

The Truth About The Trafficking Victims Protection Act

Earlier this year I took my children – who are 6 and 9 - on a Disney Cruise, something they had wanted to do for several years.  The overall experience was great, but the best part for me was being able to give my children these experiences and memories.

Big events like swimming with dolphins and meeting all of the Disney princesses are things I’m positive my children will always remember.  I also know that they will remember other things about their childhood as well.  They will remember eating dinner with our family every Sunday afternoon.  They will remember me struggling to help with fourth grade math homework, and they will remember being comforted when they were hurt or sick.  They will also remember me limiting my son’s YouTube video watching, and not letting my daughter wander the neighborhood.  While these last few memories will not necessarily be pleasant ones, they will someday understand just how serious the dangers are out there, and know that I set these boundaries to make sure the good memories outweigh the bad.

Children should feel safe.  Not only in their own home, but within their communities, and online as well.  They should be free to enjoy this innocent time in their life, and to learn and grow naturally.  When I first started the research for this topic, I was upset to learn that the FBI Innocence Lost Initiative reported that the average age of entry into prostitution is between the ages of 11 and 14, and I was sickened to discover that the youngest human trafficking victim to date within the US was just 6 years old, the same age as my daughter.  At this point, there are an unknown number childhoods filled with events that would rather be forgotten than remembered.  As Hilary Clinton stated back in 2007, “it takes a village to raise a child” – and this statement is true, not only when it comes to educating our children, but when it comes to protecting them as well.  No matter whom we are within our community – whether we are a parent, a teacher, a friend, or an employee – being aware of predators who may try to take advantage of our precious children is the first step to combating the damages caused by human trafficking.

Children cannot feel safe when there are traffickers out there, ready to prey on them.  The term human trafficking may bring to mind a whole host of images, such as smuggling a child across international borders.  Human trafficking is taking place in subtle ways, all across our country.  Human trafficking can, and often does, include some form of physical force, but it can also involve manipulation and false promises.  A minor can end up convinced that their exploitation is not exploitation at all, but rather a distorted version of love and acceptance.  While studies from the National Academies of Science suggests there may be as few as 1400 trafficked minors in the US today, we can all agree that the buying and selling of even one child is too many.  The children who are at the highest risk are those who are runaways, or are part of the foster care system.  In a nationwide bust this summer called Operation Cross Country, the FBI reported that 60% of the children rescued had already been in the child welfare system.  These children have already been damaged physically or emotionally in some way, and are easy prey for someone looking to exploit these basic needs.  Research suggests that within 48 hours of running away, about one-third of children on the streets are approached by a pimp.  For a child that is alone in this world – scared, hungry, and needing a warm place to stay for the night, the glowing promises made by a pimp may be all it takes to convince them they have found a safe home. 

Children cannot feel safe if laws do not protect them.  The White-Slavery Act is better known as the Mann Act, and was created in 1910.  Several notable cases during the last century were successfully prosecuted under the Mann Act, including preacher and pedophile Brian David Mitchell, who is known for his 2002 abduction of Elizabeth Smart.  Unfortunately, due to the overly-broad laws, the effective prosecutions like this one are outnumbered by the arrests fueled by the racial and moral tension of the early 1900’s.  The most notable issue with the Mann Act in regards to the prostitution of minors is that the age of consent for prostitution was 15, and all prostitutes during this era were automatically assumed to be willing criminals.   

Children cannot feel safe if the laws we pass now still do not protect them.  In 2000, passed Trafficking Victims Protection Act was passed.  The public has jumped eagerly at this initiative as images of extreme abuse and stories of unthinkable manipulation were portrayed in the name of punishing predators that violate the innocence of children.  The TVPA certainly offers more specific protection for exploited minors than the Mann Act did; it provides strengthened sentences for those convicted of trafficking a minor, and changed the age of consent for the commercial sex industry from 15 to 18, Now, any minor is determined to be a victim. 
Unfortunately, the Department of Justice reported that in the first eight years, only about 2000 victims were rescued.  And only a portion of those victims were children.  While it is imperative to remember that even one child victim is too many, the cost associated with the rescuing of these victims has been called into question.  During those 8 years, about $1.5 billion was allocated for the Trafficking Victims Protection Act.  To put this into perspective, according to national statistics, children who are in the foster care system cost about $12,000 per child.  However it has cost about $750,000 to rescue each trafficking victim, and most of these funds do not even go to the actual care and rehabilitation of the person themselves.  Considering the foster care system is where many sex trafficked minors come from in the first place, it would make much more sense to focus these funds on prevention strategies.

If our main concern is to rescue the child victims and help them heal from the trauma they have experienced, it seems from the research, and the daily news that a majority of time, effort, and funding in the TVPA is being spent on finding and prosecuting the perpetrators rather than providing resources for the victims, or potential victims.  There are hardly ever articles about rehabilitation efforts, transitional housing, job placement or educational programs for victims.

The State Department claims that at the most, only 1% of the estimated victims had been identified during the first ten years of the Trafficking Act.  This means that either their original numbers were grossly over-estimated, or the methods we are using to find victims are not effective.  “R.S” is a JD/MBA graduate with a successful legitimate business in addition to his experience as a pimp for the last seven years.  In a brief interview he explained, “For a law that was meant to protect minors, it reaches a lot more entities other than minors, which is where the legislation is flawed.  I think if they took the time to … identify who they are after … the law may be more effective.”  With the popularity of online prostitution, minors potentially end up going undetected, and a large number of consenting adults involved end up affected by the increased attention.  With protecting the innocence of minors being at the forefront of the Trafficking Victims Protection Act, it is discouraging to face the fact that these laws are simply not bringing out the desired results. 

There are still doubts about if our children will be safe.  Part of the TVPA’s goal is to clarify that all children involved in the sex trade are victims, and should not be treated as criminals.  Operation Cross Country, the nationwide bust this summer, was carried out in 77 cities across the country, and the FBI rescued 105 children. However, a majority of the children rescued ended up being placed either in jail facilities or with foster families.  Placing these children right back into the system that let them down in the first place does nothing but start this cycle over again. 


Harsher laws for pimps means putting sexually trafficked minors at further risk for physical violence and psychological abuse.  By making trafficking a serious felony, predators will not stop, they will simply retreat into darker corners, pulling their victims with them.  We must remember that we are dealing with fragile, precious lives who have already been churned through government systems and have yet to receive the genuine love and nurturing they so desperately need in order to live fulfilling, productive lives.  A majority of these children have already experienced all that the legal system and government institutions have to offer them.  There is no doubt that those who prey on the young and weak are predators that deserve punishment to the full extent of the law, but we have to keep in mind who is really at the heart of this matter.