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The commercial sexual exploitation of young girls is neither an unknown phenomenon in the US, nor is it uncommon. According to an estimate by the Justice Department, at least 200,000 children are trafficked for sex in the US, generating over $32 billion a year. The situation is beyond alarming, considering the disturbingly high number of victims. While the lawmakers have acknowledged the direness of the situation and recognized the need to improve it, they’ve clearly missed the mark while coming up with a response. Instead of offering protection to the child trafficking victims, the justice system criminalizes them for selling sex, an act they were forced to perform.
Much to the dismay of child sex trafficking victims, the torment may not end once they’re freed from the nightmarish world of sexual exploitation. Upon being picked up by the law enforcing authorities, they are taken to court and charged with prostitution. This is a stark contradiction to the federal Victims of Trafficking and Violence Protection Act of 2000 and the statutory rape laws across the US. The law clearly states that children under 18 cannot legally consent to having sex, yet the victims of sex trafficking are detained and charged with prostitution crimes in most states. When presented in court, they may not only be compelled to recall the traumatic experience of being sexually exploited, but also asked to testify against their trafficker, irrespective of the threats that the latter may have issued.
Trying the underage victims for acts they were forced to perform and charging them for prostitution can send their life in even greater turmoil. What hope is there for the young boys and girls once even the judicial system turns its back on them? The criminal convictions can continue to haunt them for years and prevent them from rebuilding their lives. The US legal system doesn’t realize the damage that it may be causing to the victims by treating them as juvenile delinquents instead of what they actually are: victims.
The fate of victims of child sex trafficking may not look very promising at the moment, but efforts are underway to change that. Twelve states have passed safe harbor laws to get children who’ve experienced commercial sexual exploitation out of juvenile delinquent proceeding and put them in “child in need” proceeding instead. Some states without safe harbor legislation are setting up special courts to deal with the issue. Unfortunately, many states are yet to take any concrete steps towards delivering justice to the victims. It is important for lawmakers across the US to realize the changes that need to be made to the judicial system. Furthermore, there’s a need to hold people who pay for sex with children need to be held accountable and charged with rape. Instead of charging victims of child sex trafficking with prostitution, the focus should be on helping them recover and get back to normal life. For this, they should be diverted from courts and juvenile detentions to rehabilitation centers, where they can receive counseling and learn to fend for themselves.
The intention of the US lawmakers may not be wrong, but the way most of them are going about handling the issue of child sex trafficking is clearly wrong. They need to revise their reconsider their stance and revise the laws that deal with the issue so as to ensure that justice prevails.