Source: Politics<\/p>\n
Maine Gov. Janet Mills has just one day to decide if her state will become the first in the nation to decriminalize prostitution, a move intended to help those trapped in the sex trade.<\/p>\n
The legislation, if enacted, would add momentum to a nationwide lobbying campaign that is pushing states to combat commercial sexual exploitation by reducing penalties for those who sell sex \u2014 and increasing punishment for people purchasing sex. The bill, which Mills is facing a deadline to act on by Wednesday, would become law two months after Manhattan District Attorney Cy Vance ordered a halt to prosecution of prostitution offenses and as state lawmakers across the country consider similar moves. <\/p>\n
The Maine legislation follows an \u201cequality\u201d model that decriminalizes offenses committed by people who have been sold into the sex trade, instead providing them with social services as well as career and education opportunities. At the same time, proponents of this approach also want to see pimps and traffickers held more accountable. <\/p>\n
This strategy has been boosted by a shift in the way the public thinks about the realities of sex trafficking, the result of years of work by advocates for the victims and lawmakers focused on dispelling myths about sex trafficking.<\/p>\n
\u201cThis is not simply about one specific state, but I think it is about nationally how we understand the issue of sexual exploitation and sexual violence,\u201d Esperanza Fonseca, a sex trafficking survivor who now works as an advocate with World Without Exploitation, said. \u201cRight now, across the country, we either consider people in prostitution as criminals or we sort of consider them as free agents and don\u2019t offer them any services or help.\u201d <\/p>\n
\u201cIf this passes,\u201d she added, \u201cthen it would be a huge victory for our movement and would help set the tone for the rest of the country on how to deal with this enormous problem.\u201d<\/p>\n
But Mills, a Democrat, could by swayed by opposition to the bill by a local organization that opposes the legislation over concerns that pimps could take advantage of the new system.<\/p>\n
Yet advocates for the model maintain that decriminalization is the solution. Sex trafficking victims are afraid of being caught by law enforcement and facing criminal punishment, leaving them trapped in dangerous and abusive situations, they say. Decriminalizing prostitution charges is key to reducing stigma and helping participants feel safe to come forward, they argue. Their work relies on an important education piece on who is disproportionately caught up in sex trafficking: women and girls with low income, immigrants and members of the LGBTQ community.<\/p>\n
“When I talk about this with people, they ask me, ‘Do I have to worry about my kid being snatched up?\u2019\u201d said Lauren Hersh, a former prosecutor in New York turned anti-trafficking activist. \u201cSex trafficking happens because a person is mostly vulnerable, they get preyed on by a pimp or trafficker and essentially coerced into the sex trade with promises of a better life.\u201d<\/p>\n
Hawaii last week enacted a law that doesn\u2019t go as far as the Maine bill, but some proponents still consider it progress. The legislation removes the statue of limitations for sex trafficking, a timeframe that was previously six years. It also decouples sex buyers from people selling sex; previously, they were conflated and alleged offenders could be found guilty of the same crime.<\/p>\n
\u201cThis law is really a landmark piece of legislation in that it shifts the ideology,\u201d said Khara Jabola-Carolus, executive director of the Hawaii State Commission on the Status of Women, a statewide feminist agency. \u201cThe whole framework is turned on its head \u2014 instead of women and LBGTQ people being blamed for prostitution, it sees the issue as women and LGBTQ people being exploited based on their marginalization.\u201d<\/p>\n
With the Hawaii law on the books, anticipation is building among supporters of the change for Mills to act in Maine. The state is a trafficking hub: People within Maine are recruited, often from rural areas, and transported to major cities like New York and Boston, according to Nate Walsh, a Maine prosecutor who helped write the legislation. <\/p>\n
Throughout his career, Walsh found the threat of prosecution wasn\u2019t the best approach to compelling those brought in on prostitution charges to cooperate with law enforcement. That\u2019s why he began advocating for more compassionate treatment of victims.<\/p>\n
\u201cYou\u2019re really trying to reduce trauma and reduce harm to these people who are victims,\u201d he said.<\/p>\n
Under the bill, soliciting a minor to engage in prostitution would be upgraded from a misdemeanor to a felony. It would also seal records for those convicted of prostitution charges and repeal criminal penalties for trafficking victims, as well as create a working group to explore what services should be provided to survivors.<\/p>\n
\u201cWe\u2019re trying to make sure that past convictions don\u2019t make life impossible for people who formally engage in this activity mostly for survival up here,\u201d said state Rep. Lois Galgay Reckitt, a Democrat who is the bill\u2019s sponsor.<\/p>\n
\u201cI see this bill as a quintessential anti-trafficking bill,\u201d she said. \u201cI think that it will discourage trafficking in the extreme.\u201d <\/p>\n
Similar legislation has been introduced in New York, Massachusetts, Connecticut and Louisiana, but so far hasn\u2019t advanced. <\/p>\n
Not everyone in Maine is on board. Dee Clarke, a trafficking survivor and founder of local anti-trafficking group Survivor Speak USA, called it a \u201cbad bill.\u201d <\/p>\n
\u201cIt is more harmful for our youth to do so,\u201d Clarke said of decriminalizing prostitution. \u201cTo think the state of Maine has tried to protect youth from being preyed on, exploited and trafficked until the person is 18. Traffickers are cunning and strategic. They will use decriminalization of engaging in prostitution to their advantage.\u201d<\/p>\n
The rift within Maine is indicative of the deep divisions among sex trade groups on the right approach to dealing with the underground network. Some advocates for sex workers are staunch supporters of full decriminalization of both sex sellers and buyers, while others may want to keep prostitution penalties in place and focus on offering more help to those in need.<\/p>\n
\u201cThe sex trade is very complex,\u201d said Cristiano Eduardo, a survivor and anti-trafficking advocate. \u201cIt\u2019s not about hearing one voice, it\u2019s about hearing the whole community.\u201d<\/p>\n