Library for Academics / Research

Institute of Medicine and National Research Council

Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States (2013)

R. Krugman, E. W. Clayton, P. Simon — September 25, 2013

No one sector, discipline, or area of practice can fully understand or respond effectively to commercial sex­ual exploitation/sex trafficking of minors. Participation from/cooperation among numerous individuals and entities—victim/support service providers, health/mental health care providers, legisla­tors, law enforcement, prosecutors, public defenders, educators, commercial sector—is required. Recommends: (1) Developing guidelines for technical assis­tance to support multi-sector collaboration/information sharing; and (2) Creating digital information-sharing platform to deliver reliable, real-time information about how to prevent, identify, respond to domestic commercial sexual exploitation/sex trafficking of minors.

Yale Law and Policy Review

Consent, Coercion, and Compassion: Emerging Legal Responses to the Commercial Sexual Exploitation of Minors, 30 Yale Law and Policy Review 1

M. Annitto — 2011

Examining conflicts between statutory rape and prostitution laws and judicial decisions applying them (focusing on inconsistent decisions under New York and Texas law), the author contends: (1) prosecuting prostituted youth directly opposes the theory underlying statutory rape laws, which implicitly recognize that minors cannot legally consent to sex with adults; and (2) prosecution of domestic minors perpetuates a dichotomy between domestic-born and foreign-born sex trafficking victims, and it contradicts federal law and international trafficking protocols. Reform legislative efforts should bar prosecution of minors for prostitution, omit restrictions about which children are immune from prosecution, and be modeled on the Illinois Safe Children Act.

Columbia Human Rights Law Review

Coordinating U.S. Law on Immigration and Human Trafficking: Lifting the Lamp to Victims

B. Loftus — 2011

Argues that, because trafficking laws and immigration laws have developed in isolation, inconsistencies exist within these two bodies of law; supports the view that migration and human trafficking exist on a continuum; advocates for a coordinated governmental approach to immigration enforcement and human trafficking laws; provides recommendations for harmonizing U.S. policies in the two areas, including (1) Addressing implications of employment-based immigration reforms for trafficking victims; (2) Informing migrant workers about their rights; (3) Training law enforcement; (4) Conforming states’ laws with the TVPA; (5) Ensuring traffickers are identified and prosecuted through investigations of employers.

Florida State University Law Review

Creating a Safe Harbor for Florida’s Children: An Overview of Florida’s Legislative Evolution in Domestic Minor Sex Trafficking

J. Zabresky — Winter 2013

“This Note critically examines Florida’s legislative evolution in DMST and identifies how other states, like California, Illinois, and Connecticut, have taken further legislative steps in protecting victims and preventing issues arising out of DMST by amending statutes involving prostitution, punitive damages, and advocate privilege. Considering the large role states play in identifying and protecting DMST victims and prosecuting their traffickers, it is imperative that other states take the same initiative as these states by enacting legislation that would assist and aid DMST victims and deter future traffickers by imposing strict criminal penalties and fines.”

Citation: 40 Fla. St. U. L. Rev. 415 (Winter 2013)

Northwestern University Journal of International Human Rights

Designing More Effective Laws Against Human Trafficking

S. Kara — Spring 2011

Uses the United Kingdom as a case study to design more effective laws against human trafficking; advocates: (1) elevating economic penalties for trafficking offenses to a level that effectively inverts the high profit, low risk business profile that fuels demand; (2) enforcement of anti-trafficking laws with more proactive and well-resourced law enforcement investigations/interventions; (3) enhanced human rights protections for survivors.

Cleveland State Law Review

Disparate Protections for American Human Trafficking Victims

A. Peters — 2013

“The federal government places victims, for the purpose of receiving protections, into two categories: first, international victims and second, American citizens or permanent residents. If an international trafficking victim qualifies to receive services as a result of having been trafficked, the United States will provide refugee-like protections through the TVPA… . Victims who are Americans… must find protection elsewhere. The [U.S.] government specifically excludes its own trafficked citizens from receiving federally-funded TVPA protections… . [This Article] discuss[es] the implications of having a two-tier system of protection for human trafficking victims in America.”

Citation: 61 Clev. St. L. Rev. 1 (2013)

World Development, Vol. 41, pp. 67-82 (January 2013)

Does Legalized Prostitution Increase Human Trafficking? (2013)

S. Cho, A. Dreher, E. Neumayer — January 2013

“This paper investigates the impact of legalized prostitution on human trafficking inflows. According to economic theory, there are two opposing effects of unknown magnitude. The scale effect of legalized prostitution leads to an expansion of the prostitution market, increasing human trafficking, while the substitution effect reduces demand for trafficked women as legal prostitutes are favored over trafficked ones. [The] empirical analysis for a cross-section of up to 150 countries shows that the scale effect dominates the substitution effect. On average, countries where prostitution is legal experience larger reported human trafficking inflows.”