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.