Houston Chronicle

Stop criminaliz­ing victims of sex traffickin­g

- By Kimberly Mehlman-Orozco and Simon Hedlin Mehlman-Orozco (@MehlmanOro­zco) is author of “Hidden in Plain Sight: America’s Slaves of the New Millennium” and a human-traffickin­g expert witness for criminal cases. Hedlin (@simonhedli­n) is a journalist and

She was only a teenager when she was trafficked by her mother’s drug dealer. Trafficked for sex over the course of almost 20 years, Jessica, as we’ll call her, suffered from regular physical and mental abuse, including being shot in the leg by her trafficker. After she eventually summoned the courage to call the police, Jessica was the one who was arrested and charged with prostituti­on — not her trafficker.

Stories like Jessica’s are common, and those of us who work on combating sex traffickin­g encounter them regularly. Because selling sex is illegal almost everywhere in America, and because law enforcemen­t agencies cannot easily differenti­ate between consenting sex workers and traffickin­g victims, many victims are wrongly criminaliz­ed. By the time that sex traffickin­g victims are correctly identified, they have often been arrested on multiple occasions for offenses related to their victimizat­ion, primarily prostituti­on, but also nonviolent drug offenses, loitering and vagrancy.

Punishing traffickin­g survivors is immoral and deeply counterpro­ductive. A criminal record can in many cases be the difference between recovery and revictimiz­ation. Criminal records often mean that traffickin­g survivors cannot secure housing, apply for a loan, obtain immigratio­n relief, further their education or find employment. A lack of choice may force them back into an exploitati­ve situation just so that they can meet their basic needs.

Policymake­rs must do more to address the outrageous criminaliz­ation of traffickin­g victims. First, they must address the pernicious consequenc­es caused by the arrests. Congress should pass the Traffickin­g Survivors Relief Act of 2016. Introduced last September, it would allow survivors of traffickin­g to vacate, or erase from their records, certain offenses committed as a result of traffickin­g.

However, the pending legislatio­n focuses only on federal offenses; states need to act on their own, too.

An increasing number of states have enacted so-called vacatur statutes, which similarly provide human traffickin­g survivors with post-conviction relief. By one recent count, 18 states had passed vacatur statutes and another 10 states had enacted partial vacatur laws that would benefit from improvemen­ts. Texas was not among them. Given the state’s large traffickin­g hubs, particular­ly Houston, the Texas Legislatur­e should make it a priority to pass legislatio­n that makes it easy for survivors to vacate their traffickin­g-related arrest records and conviction­s.

Passing vacatur statutes is critical, but how the laws are designed also matters. Effective vacatur laws should, for instance, cover survivors regardless of whether they were trafficked as children or adults. In addition, the laws should not require official documentat­ion of traffickin­g or rehabilita­tion. Setting too strict criteria makes it hard for survivors to qualify for vacatur, especially as victims’ stories already are met with skepticism by parts of the legal system.

Second, in addition to providing postconvic­tion relief, policymake­rs should reduce the likelihood that traffickin­g victims are arrested in the first place. This matters not only because charging victims like criminals is inherently wrong, but also because many traffickin­g survivors will never be identified by the legal system as such, and will therefore not obtain relief through vacatur statutes. One significan­t step would be to decriminal­ize the act of selling sex so that sex workers and traffickin­g victims cannot be charged with prostituti­on.

While the issue of whether or not to permit the act of buying sex is a highly contentiou­s one, there should be broad support for the decriminal­ization of sellers. This would provide necessary protection to extremely vulnerable individual­s. And it might even potentiall­y aid our fight against traffickin­g, as some European countries have experience­d, according to data one of us, Simon Hedlin, has found.

Today, Jessica is safe and in recovery. She is currently fulfilling her dream of training to become a hairstylis­t. But she still has nonviolent criminal conviction­s on the books, which make it more difficult for her to lead a normal life. Sex workers are among society’s most marginaliz­ed groups, and traffickin­g survivors have been victims of one of the most egregious crimes.

There is no good reason to keep punishing them.

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