Compiled by Prostitutes' Education Network
Repressive Commercial Sex Law Sails Through US House of Representatives
as
Part of Trafficking Victims Protection
Act Re-Authorization Bill H.R.972
Click Here for Commentary on HR 972 1/06
Below is commentary on original "End Demand for Sex Trafficking Act of 2005"
See H.R.972 for legislation passed by House of Representatives on December 14, 2005
Read Washington Post Story 12/15/2005 on new commercial sex law
For more extensive analysis visit the Best Practices Policy Project
Email BAYSWAN to join the campaign to respond to this legislation
Civil
and Human Rights Activists and Sex Workers Criticize
"End Demand for
Sex Trafficking Act of 2005"
Introduced in U.S. House of Representatives April 28, 2005
BAYSWAN Commentary on "End Demand for Sex Trafficking Act of 2005"
Text of End Demand for Sex Trafficking Act of 2005 (Introduced in Senate) (S 937)
Text of End Demand for Sex Trafficking Act of 2005 (Introduced in House)(HR 2012)
Federal Code Amended by HR 2012
Letter to Senator Cornyn from Human Rights Activists
Letter to Representative Pryce from Human Rights Activists
email:info@bayswan.org for further info or call 415-751-1659
End
Demand for Sex Trafficking Act of 2005
Legislation Harmful to Society and Women
This analysis begins with some of the critiques submitted by human and civil
rights organizations (Global
Rights, International Organization of Adolescents, Lawyers Committee for
Civil Rights. The Door and Urban Justice Center) and continues to critique
this proposed legislation based on the rights of women and sex workers.
Misleading Title "End Demand for Sex Trafficking Act"
According to the above submitted commentary on this legislation: “The
title of the bill implies that this legislation is targeting forced and coerced
prostitution as trafficking, however the focus of the bill is upon unlawful
commercial sex and not on trafficking per se.“ Perhaps this misleading
title is partly responsible for the bi-partisan support (7
Democrats, 12 Republicans as of 7/16), which seems to include 'Christian
Right' influenced Republicans and feminist influenced Democrats.
Inaccurate, Undocumented and Misleading Statistics
Challenging the “Findings and Purposes,” in section 2 of HR2012,
the same commentary points to the highly inaccurate nature the statistics
used to support this legislation: “Unfortunately, the conclusions contained
in the publication, which are restated in this finding, are based upon questionable
research. The findings assert, as matters of proven fact, a number of statements,
which, given the state of information on both trafficking and prostitution
worldwide, are unsupported or unproven by valid research methods and data."
For example, the commentary points to the problems in a central assumption
(with the undocumented statistic): “Sex trafficking” of children
is defined differently in federal law than trafficking of adults. Sex trafficking
of children covers all commercial sex acts, whether or not force, fraud or
coercion is involved. Thus, the statistic of 100,000 to 300,000 presumably
refers to the number of children who are annually in the commercial sex sector.
However, without a source for the statistics, it is not possible to know
whether the reference is to the overall number of children in the sex sector
or only the number of children trafficked with force, fraud or coercion.
Aggressive expansion of prevention programs should lower the number of such
vulnerable youth.
The commentary goes on to emphasize that: “We are deeply concerned
that Congress might pass this legislation based on inaccuracies that do not
reflect the true experience of trafficked persons in the United States. For
example, this finding asserts that toleration of prostitution “nearly
always” leads to an increase in trafficking into commercial sexual
activities. According to this finding, the greatest concentration of trafficking
into prostitution should be in the Nevada counties where prostitution is
legalized. However, we are unaware of any disproportionate incidence of trafficking
in those counties while trafficking into the sex sector is pervasive throughout
the rest of country where prostitution is criminalized. Obviously, something
other than legalization or criminalization is responsible for the presence
of sex trafficking in the country."
Ignoring Labor Abuses in Favor of Enforcing a Moral Agenda
The commentary points out that this legislation ignores the brunt of exploitation
that occurs in the context of migration in favor of fulfilling an anti-prostitution
agenda: ”…people are trafficked into legal and illegal commercial
sexual activities, as well as into other illegal and legal activities, such
as begging, domestic work, agricultural work, factory work, etc. Consequently,
prevention programs addressing the trafficking of people into all types of
illegal and legal sectors should be a priority of the government’s
anti-trafficking initiatives.”
Prostitution Regulation-Not the Domain of The Federal Government
Regulation of prostitution is not the business of the federal government.
If this bill became a law, how would this affect Nevada brothels? Although
the text of the bill ostensibly seeks to address the injustice of disparate
arrests based on gender, there are federal laws addressing gender discrimination.
The reality is that the type of surveillance, support of moralistic sexual
shaming programs such as billboards with pictures of arrested (not convicted,
but arrested!) Johns, is likely harmful to society.
Developing an Industry Around Sexual Surveillance
Most of the 45 million dollars a year allocation goes to developing an industry
around sexual surveillance. Although Americans are sympathetic to the plight
of prostitutes who are victimized, and we support funding to provide housing
and training for those with few options, most object to funding an industry
to develop police surveillance, shaming programs and to monitor consensual
sexual activities. This is a highly problematic use of government funds and
should certainly not should be within the domain of federal law enforcement.
House version HR 2012 Cosponsors, Political Party and District
R-Rep Biggert, Judy [IL-13] - 6/24/2005
R-Rep Bradley, Jeb [NH-1] - 6/24/2005
R-Rep Brown, Henry E., Jr. [SC-1] - 6/24/2005
D-Rep Capps, Lois [CA-23] - 5/24/2005
R-Rep Drake, Thelma D. [VA-2] - 4/28/2005
R-Rep English, Phil [PA-3] - 5/16/2005
R-Rep Feeney, Tom [FL-24] - 6/7/2005
R-Rep Foley, Mark [FL-16] - 5/24/2005
R-Rep Granger, Kay [TX-12] - 4/28/2005
R-Rep Harris, Katherine [FL-13] - 4/28/2005
D-Rep Maloney, Carolyn B. [NY-14] - 4/28/2005
D-Rep Moore, Gwen [WI-4] - 7/14/2005
R-Rep Pence, Mike [IN-6] - 6/24/2005
R-Rep Rohrabacher, Dana [CA-46] - 7/14/2005
D-Rep Schakowsky, Janice D. [IL-9] - 6/16/2005
D-Rep Scott, Robert C. [VA-3] - 4/28/2005
D-Rep Wasserman Schultz, Debbie [FL-20] - 6/20/2005
R-Rep Weller, Jerry [IL-11] - 7/14/2005
D-Rep Woolsey, Lynn C. [CA-6] - 5/24/2005
*As of August 12, 2005 there are 50 sponsors listed. Please click here to see an updated list of sponsors.
Federal Code Amended by HR 2012
Section 2421. Transportation Generally
Whoever knowingly transports any individual
Amendment adds:
"including a purchaser of commercial sexual activities as defined by
section 2422"
in interstate or foreign commerce, or in any Territory or Possession of the United States, with intent that such individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 10 years, or both.
Section 2422
(a) Whoever knowingly persuades, induces, entices, or coerces any
individual
Amendment adds:
"including a purchaser of commercial sexual acts"
to travel in interstate or foreign commerce, or in any Territory or Possession
of the United States, to engage in prostitution, or in any sexual activity
for which any person can be
charged with a criminal offense, or attempts to do so, shall be fined under
this title or imprisoned not more than 10 years, or both.
(b) Whoever, using the mail or any facility or means of interstate or foreign
commerce, or within the special maritime and territorial jurisdiction of
the United States knowingly persuades, induces, entices, or coerces any individual
who has not attained the age of 18 years, to engage in prostitution or any
sexual activity for which any person can be charged with a criminal offense,
or attempts to do so, shall be fined under this title,
imprisoned not more than 15 years, or both.
Amendment Ads:
As used in sections 2421 and 2422, the term `purchaser of commercial sexual acts' means any person who solicits or purchases an unlawful commercial sex act in exchange for anything of value given to or received by, or to be given to or received by, any person.'