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Compiled by Prostitutes' Education Network Repressive Commercial Sex Law Sails Through US House of Representatives as Part of Trafficking Victims Protection Act Re-Authorization Bill H.R.972 Click Here for Commentary on HR 972 1/06 Below is commentary on original "End Demand for Sex Trafficking Act of 2005" See H.R.972 for legislation passed by House of Representatives on December 14, 2005 Read Washington Post Story 12/15/2005 on new commercial sex law For more extensive analysis visit the Best Practices Policy Project Email BAYSWAN to join the campaign to respond to this legislation Civil and Human Rights Activists and Sex Workers Criticize "End Demand for Sex Trafficking Act of 2005" Introduced in U.S. House of Representatives April 28, 2005 BAYSWAN Commentary on "End Demand for Sex Trafficking Act of 2005" Status of HR2012 Text of End Demand for Sex Trafficking Act of 2005 (Introduced in Senate) (S 937) Text of End Demand for Sex Trafficking Act of 2005 (Introduced in House)(HR 2012) Federal Code Amended by HR 2012 Comments on End Demand for Sex Trafficking Act of 2005 Submitted by: Global Rights, International Organization of Adolescents, Lawyers Committee for Civil Rights. The Door and Urban Justice Center Letter to Senator Cornyn from Human Rights Activists Letter to Representative Pryce from Human Rights Activists email:info@bayswan.org for further info or call 415-751-1659 End Demand for Sex Trafficking Act of 2005 Legislation Harmful to Society and Women This analysis begins with some of the critiques submitted by human and civil rights organizations (Global Rights, International Organization of Adolescents, Lawyers Committee for Civil Rights. The Door and Urban Justice Center) and continues to critique this proposed legislation based on the rights of women and sex workers. Misleading Title "End Demand for Sex Trafficking Act" According to the above submitted commentary on this legislation: The title of the bill implies that this legislation is targeting forced and coerced prostitution as trafficking, however the focus of the bill is upon unlawful commercial sex and not on trafficking per se. Perhaps this misleading title is partly responsible for the bi-partisan support (7 Democrats, 12 Republicans as of 7/16), which seems to include 'Christian Right' influenced Republicans and feminist influenced Democrats. Inaccurate, Undocumented and Misleading Statistics Challenging the Findings and Purposes, in section 2 of HR2012, the same commentary points to the highly inaccurate nature the statistics used to support this legislation: Unfortunately, the conclusions contained in the publication, which are restated in this finding, are based upon questionable research. The findings assert, as matters of proven fact, a number of statements, which, given the state of information on both trafficking and prostitution worldwide, are unsupported or unproven by valid research methods and data." For example, the commentary points to the problems in a central assumption (with the undocumented statistic): Sex trafficking of children is defined differently in federal law than trafficking of adults. Sex trafficking of children covers all commercial sex acts, whether or not force, fraud or coercion is involved. Thus, the statistic of 100,000 to 300,000 presumably refers to the number of children who are annually in the commercial sex sector. However, without a source for the statistics, it is not possible to know whether the reference is to the overall number of children in the sex sector or only the number of children trafficked with force, fraud or coercion. Aggressive expansion of prevention programs should lower the number of such vulnerable youth. The commentary goes on to emphasize that: We are deeply concerned that Congress might pass this legislation based on inaccuracies that do not reflect the true experience of trafficked persons in the United States. For example, this finding asserts that toleration of prostitution nearly always leads to an increase in trafficking into commercial sexual activities. According to this finding, the greatest concentration of trafficking into prostitution should be in the Nevada counties where prostitution is legalized. However, we are unaware of any disproportionate incidence of trafficking in those counties while trafficking into the sex sector is pervasive throughout the rest of country where prostitution is criminalized. Obviously, something other than legalization or criminalization is responsible for the presence of sex trafficking in the country." Ignoring Labor Abuses in Favor of Enforcing a Moral Agenda The commentary points out that this legislation ignores the brunt of exploitation that occurs in the context of migration in favor of fulfilling an anti-prostitution agenda: people are trafficked into legal and illegal commercial sexual activities, as well as into other illegal and legal activities, such as begging, domestic work, agricultural work, factory work, etc. Consequently, prevention programs addressing the trafficking of people into all types of illegal and legal sectors should be a priority of the governments anti-trafficking initiatives. Prostitution Regulation-Not the Domain of The Federal Government Regulation of prostitution is not the business of the federal government. If this bill became a law, how would this affect Nevada brothels? Although the text of the bill ostensibly seeks to address the injustice of disparate arrests based on gender, there are federal laws addressing gender discrimination. The reality is that the type of surveillance, support of moralistic sexual shaming programs such as billboards with pictures of arrested (not convicted, but arrested!) Johns, is likely harmful to society. Developing an Industry Around Sexual Surveillance Most of the 45 million dollars a year allocation goes to developing an industry around sexual surveillance. Although Americans are sympathetic to the plight of prostitutes who are victimized, and we support funding to provide housing and training for those with few options, most object to funding an industry to develop police surveillance, shaming programs and to monitor consensual sexual activities. This is a highly problematic use of government funds and should certainly not should be within the domain of federal law enforcement. House version HR 2012 Cosponsors, Political Party and District R-Rep Biggert, Judy [IL-13] - 6/24/2005 R-Rep Bradley, Jeb [NH-1] - 6/24/2005 R-Rep Brown, Henry E., Jr. [SC-1] - 6/24/2005 D-Rep Capps, Lois [CA-23] - 5/24/2005 R-Rep Drake, Thelma D. [VA-2] - 4/28/2005 R-Rep English, Phil [PA-3] - 5/16/2005 R-Rep Feeney, Tom [FL-24] - 6/7/2005 R-Rep Foley, Mark [FL-16] - 5/24/2005 R-Rep Granger, Kay [TX-12] - 4/28/2005 R-Rep Harris, Katherine [FL-13] - 4/28/2005 D-Rep Maloney, Carolyn B. [NY-14] - 4/28/2005 D-Rep Moore, Gwen [WI-4] - 7/14/2005 R-Rep Pence, Mike [IN-6] - 6/24/2005 R-Rep Rohrabacher, Dana [CA-46] - 7/14/2005 D-Rep Schakowsky, Janice D. [IL-9] - 6/16/2005 D-Rep Scott, Robert C. [VA-3] - 4/28/2005 D-Rep Wasserman Schultz, Debbie [FL-20] - 6/20/2005 R-Rep Weller, Jerry [IL-11] - 7/14/2005 D-Rep Woolsey, Lynn C. [CA-6] - 5/24/2005 *As of August 12, 2005 there are 50 sponsors listed. Please click here to see an updated list of sponsors. Federal Code Amended by HR 2012 Section 2421. Transportation Generally Whoever knowingly transports any individual Amendment adds: "including a purchaser of commercial sexual activities as defined by section 2422" in interstate or foreign commerce, or in any Territory or Possession of the United States, with intent that such individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 10 years, or both. Section 2422 (a) Whoever knowingly persuades, induces, entices, or coerces any individual Amendment adds: "including a purchaser of commercial sexual acts" to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 10 years, or both. (b) Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, or both. Amendment Ads: As used in sections 2421 and 2422, the term `purchaser of commercial sexual acts' means any person who solicits or purchases an unlawful commercial sex act in exchange for anything of value given to or received by, or to be given to or received by, any person.' Compiled by Prostitutes' Education Network 5'7", 20 lbs, shoe size 6 1/2, Dark hair, Blue eyes, Tattoo's, pierced MILF,
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