Denied protection
Abbott could have shielded the child victims of sex trafficking, but he chose to veto the bill.
They are kids who have run away from abusive homes and foster care, young survivors of sexual assault, LGBTQ youth struggling to be accepted and others simply searching for love only to be deceived and degraded.
They are girls who have been forced by boyfriends and relatives to have sex with strangers and boys who sell themselves for scraps of food and a place to stay.
Let’s be clear. These children — who are among the most vulnerable in our society — are victims of sexual exploitation. Not criminals. Not prostitutes.
That’s being recognized by an increasing number of states. At last count, 20 had passed “safe harbor” laws that prevent minors from being charged with prostitution.
But not Texas. At least not Gov. Greg Abbott, who stunned many in the juvenile justice community by vetoing a bill that would have offered the same protection from prosecution to children under 17 in this state.
House Bill 1771, which passed with unanimous support in the Republicancontrolled House and Senate, would have removed children from the definition of prostitution in the Texas penal code. Law enforcement officials could still detain children suspected of being prostituted, but instead of being arrested, they would be returned to their parents or other safe placement, such as the Texas Department of Family and Protective Services. They would then be assigned a caseworker and provided trauma-informed counseling, emergency medical care, housing and other services.
In other words, they would be treated with care and compassion — as victims of exploitation should be — as Abbott’s own Child Sex Trafficking Team has recommended. The response to victims, a report released by the office in April says, should be “protective, empowering (not punitive).”
It goes on to warn: “Practices such as locking up a child or youth against their will, threatening them with criminal charges in an effort to motivate them to provide investigative information … can all cause additional psychological strain on the victim.”
So why did Abbott veto a bill that would have gone along with best practices supported by juvenile-justice advocates and those fighting to stop human trafficking? It’s puzzling, considering that Abbott has prioritized the fight against human trafficking.
Abbott’s office didn’t respond to a request for comment, but in his veto, Abbott said the bill was “well-intentioned” but would have “unintended consequences.”
“The bill takes away options that law enforcement and prosecutors can use to separate victims from their traffickers, and it may provide a perverse incentive for traffickers to use underage prostitutes, knowing they cannot be arrested for engaging in prostitution.”
That, to put it bluntly, flies in the face of reason. Nothing in the bill would have kept law officials from removing juveniles from abusive situations; that’s covered under child-welfare laws. Nothing would have stopped pimps from going to prison for child exploitation; that’s covered under human-trafficking laws.
But it would have protected victims who deserve our sympathy and help.
In 2017, 35 children were charged with prostitution in Texas, including two between 10 and 12 years old. The number may seem small, but it doesn’t take into account those who were picked up for prostitution but charged with related crimes, such as petty theft. According to a 2016 University of Texas study, an estimated 79,000 minors and youth are victims of sex trafficking in the state.
State Rep. Shawn Thierry, D-Houston, who said she was stunned by Abbott’s veto, designed the bill to funnel victims into a services already set up through the governor’s child sex trafficking office, which is designating care coordinators in each county.
“It still allows law enforcement to apprehend any child that they believe was being a victim of commercial sex exploitation,” Thierry said. Instead of depriving kids of freedom for a crime they don’t fully understand — or have the legal standing to consent to, she added, “they would be safeguarded.”
By vetoing the bill, Abbott left the door open for law enforcement to penalize children who are already being victimized. In many cases, advocates say, pimps and traffickers prey on juveniles in detention centers and group homes.
The children at greatest risk of harm are those already traumatized and battered by systems meant to protect them. Rather than offering a pathway to rehabilitation, Abbott’s move blocks an exit door. It also disproportionately punishes African American children, who make up about half of all juvenile prostitution arrests.
Thierry plans to reintroduce her bill next session. Meanwhile, prosecutors and law enforcement should follow the lead of Harris County, where there is a diversion court and a range of services for minors flagged as victims of commercial sexual exploitation.
The Harris County District Attorney’s Office does not prosecute minors for prostitution. “This has been our policy for years,” a spokesman said. “The reasons are complex, but we believe this is the right thing to do, and in accordance with the law and in the best interests of society.”
As one advocate put it, “the words ‘child’ and ‘prostitute’ should never be in the same sentence.”
We couldn’t have put it better ourselves. Abbott, are you listening?