Kid-sex-trafficking loophole knotted shut
Gov. Cuomo on Wednesday signed legislation that eliminates a bizarre part of state law that obligated prosecutors to prove that victims of child-sex trafficking weren’t willing participants.
The requirement, highlighted by The Post in April in a series of stories on sex trafficking in the city, often forced victims to testify against their assailants in order to get justice.
Under the End Child Sex Trafficking Act, prosecutors will no longer have to prove that force, fraud or coercion was used to prostitute out a person under 18.
“Finally, New York state’s penal laws now reflect the reality that a child sold for sex is a victim of sex trafficking, plain and simple,” said Manhattan District Attorney Cy Vance Jr., who attended the signing at a community center in Manhattan’s Chinatown section.
“Today, New York codified what’s simply common sense: If a child is too young to consent to sex, she is too young to consent to prostitution.”
The Rev. Que English, of the advocacy group Not in My Name, said at the signing, “I know for a fact that what we’re going to see is more of these pimps and buyers of sex locked up. We can be assured that these . . . rapists will be charged . . . without the child having to prove coercion.”
New York was one of two states — along with Alabama — that didn’t conform to the federal defi- nition of sex trafficking.
For years, legislation sponsored by Assemblywoman Amy Paulin (D-Westchester) and state Sen. Andrew Lanza (R-SI) to have the state conform to federal law was blocked by Assembly Democrats.
The Dems have expressed concerns about unintended consequences of the change and a reluctance to boost penalties amid a general movement away from long-term incarceration of criminals.