Commentary on US Law: Commercial Sex and
Trafficking
"How Many Trafficked Women Does It Take To..."
compiled
by Carol Leigh
Summary
US law defines trafficking broadly, to include all commercial sex, porn, stripping,
etc. It is a synonym for pimping, OR promoting any commercial sex. The (TVPA-Trafficking
Victim's Protection Act 2000) positions the US against the legal (and illegal,
ofcourse) sex industry. There had been a great deal of debate and around definitions
of trafficking in international contexts, as seen above. This debate surrounded
construction of the TVPA as well.
The definition of trafficking, in fact, has been the central issue. Fundamentalist
church groups and anti-prostitution feminists sought a definition of trafficking
which would include and EMPHASIZE all commercial sex. The TVPA ultimately reflects
this perspective.
The most problematic aspects are the definitions of commercial sex and sex trafficking.
If sex traffcking is commercial sex and commercial sex is "any sex act on account
of which anything of value is given to or received by any person," then, in
this context, all sex workers are victims of sex trafficking, and the partner
who trades for domestic survival (or a new washer) is a victim of trafficking.
This construct defines Nevada brothel owners, strip club owners and clients
as traffickers and all strippers (by definition), porn actresses and phone sex
operators as trafficked persons.
Construct of Definitions of Trafficking: US Against
Commercial Sex Industries
The TVPA divides trafficking into "severe trafficking" and "sex trafficking."
The term trafficking includes both of these. Below is a summary of which aspects
of the TVPA apply to which types of trafficking.
Purpose
The TVPA is supposed to "combat trafficking in persons, a contemporary manifestation
of slavery whose victims are predominantly women and children, to ensure just
and effective punishment of traffickers, and to protect their victims." Although
there are no punishments specifically for sex trafficking (commercial sex) the
law says that the country is committed to combat commercial sex.
Punishments
The increased jail sentences in the TVPA do not apply to "sex trafficking,"
but to "severe trafficking."
Protection and Assistance
Protection and assistance are only available for 'victims of severe trafficking.'
The Money
Although there are no punishments, and no funds available for individuals, there
is money for groups to work at combating commercial sex, and a process for investigation.
Specifically Sec 107 provides grants to States, Indian tribes, units of local
government, and nonprofit, nongovernmental victims' service organizations to
develop, expand, or strengthen victim service programs for victims of trafficking.
For more information about funding priorities, see US
AID Strategy Prohibits Funds to Groups Supporting Sex Worker Rights (Page
7) "Organizations advocating prostitution as an employment choice or which advocate
or support the legalization of prostitution are not appropriate partners for
USAID anti-trafficking grants or contracts. Missions will avoid contracting
or assistance agreements with such organizations as primary or sub-grantees
or contractors."
In fact, John Ashcroft, in a national sting, recently targeted commercial sex
businesses using other federal laws. These businesses were not involved in forced
prostitution and had no reports of abuses, but these investigations and arrests
became the target of this administration.
Below is an example of a benefit given to victims of servere trafficking which
is not afforded to victims of trafficking. In other words, if a business is
raided, workers may not be given information or translation services unless
they claim (or the police believe) they have been forced, coerced, duped and
kidnapped.
(Sec. 107)
(2) ACCESS TO INFORMATION.--Victims of severe forms of trafficking shall have
access to information about their rights and translation services.
**Update: Visit the
updated page about the 2005 Reauthorization of the TVPA for the latest information
about how the anti-trafficking framework encompasses domestic commercial sex,
even in voluntary contexts.