WWW.DISSERTATION.XLIBX.INFO
FREE ELECTRONIC LIBRARY - Dissertations, online materials
 
<< HOME
CONTACTS



Pages:   || 2 | 3 | 4 | 5 |   ...   | 7 |

«Winter 2008 Of Vice and Men: A New Approach to Eradicating Sex Trafficking by Reducing Male Demand through Educational Programs and Abolitionist ...»

-- [ Page 1 ] --

Journal of Criminal Law and Criminology

Volume 98

Article 6

Issue 2 Winter

Winter 2008

Of Vice and Men: A New Approach to Eradicating

Sex Trafficking by Reducing Male Demand

through Educational Programs and Abolitionist

Legislation

Iris Yen

Follow this and additional works at: http://scholarlycommons.law.northwestern.edu/jclc

Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal

Justice Commons

Recommended Citation

Iris Yen, Of Vice and Men: A New Approach to Eradicating Sex Trafficking by Reducing Male Demand through Educational Programs and Abolitionist Legislation, 98 J. Crim. L. & Criminology 653 (2007-2008) This Comment is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized administrator of Northwestern University School of Law Scholarly Commons.

0091-4169/08/9802-0653

THE JOURNAL CRIMINAL LAW & CRIMINOLOGY

OF Vol. 98, No. 2 Copyright C 2008 by Northwestern University, School of Law Printed in U.S.A.

OF VICE AND MEN: A NEW APPROACH TO

ERADICATING SEX TRAFFICKING BY

REDUCING MALE DEMAND THROUGH

EDUCATIONAL PROGRAMS AND

ABOLITIONIST LEGISLATION

IRIS YEN* In the last few decades, trafficking in humans for the purpose of sexual exploitation has exploded into a sophisticated industry that generates billions of dollars in profit every year yet devastates the lives of millions of innocent victims. Many of the trafficked victims are impoverishedgirls and young women from economically depressed countries who are forced to work as prostitutes under brutal conditions in a foreign country. To date, most of the scholarly, legislative, and law enforcement attention has focused on the "supply" side of the sex trafficking equation, namely the traffickers and the victims. This Commentfocuses on the "demand" side of the problem, namely the male clients of the prostitutes. The Comment first explains how the male demandfor commercial sexual services sustains and grows the sex trafficking industry, and then examines various demand-side educationalprograms and legislative approaches and assesses their impact on minimizing and eradicating the demand. The Comment concludes by suggesting a comprehensive, demand-oriented approach to fighting sex trafficking.

I. INTRODUCTION At the age of four, "Andrea" was sold to a child sex-trafficking ring that operated in both Mexico and the United States. She was enslaved for twelve years, servicing mostly American men. To keep the children obedient, her traffickers frequently abused them psychologically and physically. To cater to their customers' preferences, the ring offered children of various ages from toddlers to teens. Permanently traumatized

–  –  –

after years of abuse, Andrea sees herself as "way too damaged... [and] no good."' There is a thriving modem-day slave trade of shocking magnitude and brutality: every year, over 700,000 people are trafficked across international borders. 23 Human trafficking affects every country in the world.3 To better understand the pandemic of human trafficking, one must first establish a clear definition of this term. In 2000, 117 nations (including the United States) adopted the United Nations' new anti-trafficking protocol, which defined "trafficking in persons" as the "recruitment, transportation and harboring of another person for the purpose of exploitation. 4 Eighty percent of the trafficked victims are women and up to fifty percent are minors.5 Impoverished women and girls from developing countries are vulnerable to all forms of human trafficking and exploitation, but they are especially vulnerable to sex trafficking. 6 "Sex trafficking" is the recruitment, transportation, and harboring of persons-primarily women and children-for the purpose of sexual exploitation into 7 prostitution, pornography, sex tourism, and other commercial sex activities.

Peter Landesman, The Girls Next Door, N.Y. TIMES, Jan. 25, 2004, available at http://www.nytimes.com/2004/O1/25/magazine/25SEXTRAFFIC.html.

2 Rosy Kandathil, Global Sex Trafficking and the Trafficking Victims Protection Act of 2000: Legislative Responses to the Problem of Modern Slavery, 12 MICH. J. GENDER & L.

87, 88 (2005).

3 Kara C. Ryf, Note, The First Modern Anti-Slavery Law: The Trafficking Victims ProtectionAct of 2000, 34 CASE W. RES. J. INT'L L. 45, 47 (2002).

4 United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, G.A. Res. 55/25, U.N. GAOR, 55th Sess., Annex II, at Article 111(a), U.N. Doc. A/55/25 (2000) [hereinafter 2000 Trafficking Protocol], available at http://uncjin.org/Documents/Conventions/dcatoc/final-documents-2/convention_ %20traff eng.pdf (emphasis added). Exploitation includes, but is not limited to, "prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or [similar] practices." Id. In contrast to previous protocols, the 2000 Protocol focuses on the exploitation element in trafficking, making the victim's consent to exploitation irrelevant. Id. Some commentators approve of the U.N.'s strategic decision to steer away from the victim's consent and instead focus on the exploitation element. See ANGELA

BORTEL, ENDING TRAFFICKING IN WOMEN: A VICTIM-CENTERED APPROACH TO LEGISLATION





(2001), available at http://www.prof.msu.ru/publ/book5/c5-3-l.htm (contending that the main feature of adopting a victim-centered law is the irrelevance of consent).

5 U.S. DEP'T OF STATE, THE LINK BETWEEN PROSTITUTION AND SEX TRAFFICKING 1

(2004), available at http://www.state.gov/documents/organization/38901.pdf [hereinafter

PROSTITUTION AND SEX TRAFFICKING REPORT].

6 See Ryf, supra note 3, at 46 (noting that "trafficking in persons can take many forms, with the most prevalent and fastest growing [form] being the commerce of women and children for sexual exploitation").

7 Kandathil, supra note 2, at 88; see 2000 Trafficking Protocol, supra note 4, at art. 111(a) (defining trafficking in terms of exploitation of its victims).

OF VICE AND MEN

2008] Sex trafficking is a complex global problem that has attracted much attention from legal scholars; in particular, the supply side of the problem (namely, the traffickers and the victims of trafficking) has been discussed at length. 8 Until recently, however, one critical aspect of the problem has largely evaded the scrutiny of scholars, anti-trafficking activists, and law enforcement alike: the role of male demand for commercial sexual services in perpetuating and growing the sex trafficking industry. 9 There is now an emerging consensus that strategies which solely address the supply side of sex trafficking are insufficient and ultimately ineffective.10 This Comment assumes that sex trafficking is fundamentally an economic problem, and that appropriate incentives can impact both the supply and the demand drivers." Given this premise, this Comment examines how the male demand for commercial sexual services stimulates 8 See, e.g., Jennifer M. Chac6n, Misery and Myopia: Understandingthe Failures of U.S.

Efforts to Stop Human Trafficking, 74 FORDHAM L. REv. 2977 (2006); Susan W. Tiefenbrun, Sex Sells but Drugs Don't Talk: Trafficking of Women Sex Workers and an Economic Solution, 24 T. JEFFERSON L. REv. 161 (2002) [hereinafter Tiefenbrun, Sex Sells]; Susan W.

Tiefenbrun, The Saga of Susannah: A U.S. Remedy for Sex Trafficking in Women: The Victims of Trafficking and Violence Protection Act of 2000, 2002 UTAH L. REv. 107 (2002) [hereinafter Tiefenbrun, Saga]; Theresa Barone, Note, The Trafficking Victims Protection Act of 2000: Defining the Problem and Creating a Solution, 17 TEMP. INT'L & COMP. L.J.

579 (2003); Katrin Corrigan, Comment, Putting the Brakes on the Global Trafficking of Women for the Sex Trade: An Analysis of Existing Regulatory Schemes to Stop the Flow of Traffic, 25 FORDHAM INT'L L.J. 151 (2001); Kathryn E. Nelson, Comment, Sex Trafficking and Forced Prostitution: Comprehensive New Legal Approaches, 24 Hous. J. INT'L L. 551 (2002); Ryf, supra note 3; see also Mohamed Y. Mattar, Trafficking in Persons: An Annotated Legal Bibliography, 96 LAW LIBR. J. 669 (2004) (an annotated bibliography of articles related to human trafficking).

9 Mattar, supra note 8, at 671 (noting that "[a]lthough many articles on the topic [of trafficking in persons] have been published[,]... several areas have yet to receive adequate coverage. In my judgment, these areas include.., the issue of demand..."); see DONNA M.

HUGHES, BEST PRACTICES TO ADDRESS THE DEMAND SIDE OF TRAFFICKING 1-2 (2004), available at http://www.uri.edu/artsci/wms/hughes/demand-sex trafficking.pdf ("Over the past decade... efforts to combat trafficking have aimed to stop trafficking on the supply side.... In comparison, there have been few campaigns or efforts aimed at reducing the demand for victims.").

10See HUGHES, supra note 9, at 2. Hughes believes "the movement to abolish trafficking and sexual exploitation needs a more comprehensive approach, one that includes analyses of the demand side of trafficking, and develops practices to combat the demand in receiving countries." Id.

11See generally Tiefenbrun, Sex Sells, supra note 8 (contending that the problem of sex trafficking must be addressed from an economic perspective by increasing the cost of doing the business of sex trafficking and by decreasing the economic benefits of this lucrative industry). This Comment extends Tiefenbrun's argument to the male clients of prostitutes as well, in that the cost (e.g., incarceration, fines) of engaging in commercial sexual exploitation must outweigh the benefits (e.g., physical pleasure, "cheap" sex) in order to change the men's behavior.

IRIS YEN [Vol. 98 and sustains the mushrooming sex trafficking industry. Furthermore, this Comment argues it is both feasible and effective to fight sex trafficking through educational and legislative measures aimed at reducing the male demand for commercial sexual services. These methods include educating the men who use prostitutes, changing misguided male attitudes toward commercial sexual services and prostitutes, and enacting and enforcing legislation that criminalizes the purchase of sex.

Part II introduces and defines the problem of sex trafficking. Part III discusses the economic incentives underlying, and the human impact of, sex trafficking. Part IV assesses the most recent anti-trafficking protocol and laws adopted by the United Nations and by the United States. Part V analyzes the importance of male demand in perpetuating sex trafficking and reveals some insights on the men who use prostitutes (also known as 'johns"). Part VI discusses the efficacy of various educational programs targeted at johns. The next Part compares two different legislative approaches and their impact on curbing prostitution and sex trafficking.

The concluding section, Part VIII, recommends a more effective approach to combating sex trafficking: a comprehensive strategy that entails both educational and legislative initiatives to reduce male demand.

II. THE INVISIBLE HAND OF GREED, POVERTY, AND MISERY:

UNDERSTANDING THE SUPPLY SIDE DRIVERS AND HUMAN IMPACT OF SEX

TRAFFICKING

A. ONE WAY-TICKET TO HELL: HOW WOMEN BECOME SEX SLAVES

'2 Sex trafficking is often appropriately described as "sexual slavery."' Owned by their pimps, brothel owners, and customers for the "purpose of3 financial gain, sexual gratification and/or power and domination,"' trafficked victims are essentially slaves. Trafficked women typically earn little or no money for their services, and they must often acquiesce to any 12Landesman, supra note 1. In discussing four Mexican girls who were trafficked:

"They were sex slaves.... [T]hese girls weren't working for profit or a paycheck. They were captives to the traffickers and keepers who controlled their every move." Id.

" DORCHEN LIEDHOLT, PROSTITUTION: A CONTEMPORARY FORM OF SLAVERY (2004), available at http://action.web.ca/home/catw/readingroom.shtml?x=16727. Liedholt defines slavery as "the domination and control by an individual or group over other individuals or groups through violence, the threat of violence, or a history of violence." Id. However, prostitution is different from "traditional forms of slave ownership in which the person enslaved was regarded as a capital investment, to be maintained and guarded over a long period of time" in that the owners of prostitutes often view the women as a "temporary, disposable commodity, to be consumed and discarded." Id.

OF VICE AND MEN

2008] and all of the sexual demands of the customer. 14 Given this grim reality, how and why do so many women and girls end up becoming sex slaves?



Pages:   || 2 | 3 | 4 | 5 |   ...   | 7 |


Similar works:

«FACULTY OF LAW GHENT UNIVERSITY MITIGATING THE EFFECTS OF CLIMATE CHANGE IN SUB-SAHARAN AFRICA VIA AN EFFECTIVE INTERNATIONAL LEGAL STANDARD: A CASE STUDY OF NIGERIA (DOCTORAL DISSERTATION) BY OLUBISI FRIDAY OLUDURO PROMOTER: PROF. DR. LUC LAVRYSEN ACADEMIC SESSION 2014-2015 DEDICATION This research work is dedicated to the glory of GOD the Almighty, Who at the beginning created the world and made it beautiful and perfect. And to the memory of my fatherJustin Akinyemi OLUDURO, whose stirling...»

«Boston Legal The Nutcrackers Season 3, Episode 10 Broadcast: December 5, 2006 Written by Phoef Sutton & Sanford Golden & Karen Wyscarver & David E. Kelley Directedy by John Terlesky © 2006 David E. Kelley Productions. All Rights Reserved. This transcript is not official or taken from the actual script. It is transcribed from watching the broadcast. Transcribed by ToxicAngel for Boston-Legal.org [version: December 8, 2006] At Crane, Poole and Schmidt, Annabelle Carruthers is the the reception...»

«Manitoba Securities Commission Reporting Issuer List – Cover Page Reporting Issuers Default When a reporting issuer is noted as in default, standardized code symbols (disclosed in the legend below) will appear in the column 'Nature of Default'. Every effort is made to ensure the accuracy of this list. A reporting issuer that does not appear on this list or that has inappropriately been noted in default should contact the Manitoba Securities Commission (MSC) promptly. If appropriate, the list...»

«Collaborating with Traditional Healers for HIV Prevention and Care in sub-Saharan Africa: suggestions for Programme Managers and Field Workers UNAIDS BEST PRACTICE COLLECTION Cover photos: UNAIDS / L. Alyanak / M. Jensen UNAIDS/06.28E (English original, November 2006) © Joint United Nations Programme on HIV/AIDS UNAIDS concerning the legal status of any country, (UNAIDS) 2006. territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. All...»

«Socio-Political Context: OHS Law and Regulation in Australia OHS Body of Knowledge Socio-Political Context: OHS Law and Regulation in Australia April, 2012 Copyright notice and licence terms First published in 2012 by the Safety Institute of Australia Ltd, Tullamarine, Victoria, Australia. Bibliography. ISBN 978-0-9808743-1-0 This work is copyright and has been published by the Safety Institute of Australia Ltd (SIA) under the auspices of HaSPA (Health and Safety Professionals Alliance). Except...»

«Work reproduced with no editorial responsibility Moliere The Flying Doctor Notice by Luarna Ediciones This book is in the public domain because the copyrights have expired under Spanish law. Luarna presents it here as a gift to its customers, while clarifying the following: 1) Because this edition has not been supervised by our editorial deparment, we disclaim responsibility for the fidelity of its content.2) Luarna has only adapted the work to make it easily viewable on common sixinch readers....»

«Client Alert. 11 August 2011 UK Public Procurement Law Digest: The perils of high-speed trains and the elusiveness of the remedy of ineffectiveness The UK High Court has struck out an application for “ineffectiveness” made by an aggrieved bidder under the UK procurement rules, clarifying the way in which the new contract set-aside remedy operates and reinforcing the importance of acting with promptness in seeking remedies under European public procurement law. By Alistair Maughan and...»

«Stanford Journal of Legal Studies An Intramural Publication ESSAY PSYCHODYNAMICS OF THE JUDICIAL PROCESS. Sahand Shaibani COMMENTARIES HISTORY, WHAT IS IT GOOD FOR? A COMMENTARY ON A TALK BY RICHARD POSNER BELEAGUERED FAMILIES A COMMENTARY ON A TALK BY RICHARD BANKS AND JOAN HOLLINGER THE PROBLEM WITH EYEWITNESS TESTIMONY A COMMENTARY ON A TALK BY GEORGE FISHER AND BARBARA TVERSKY THREE ROLES FOR A THEORY OF BEHAVIOR IN A THEORY OF LAW A COMMENTARY ON A TALK BY LEWIS KORNHAUSER ARTICLES...»

«GEORGETOWN LAW MANUAL FOR JD EXTERN SUPERVISORS A COLLECTION OF BEST PRACTICES – A PRIMER1 Externships provide a practical complement to classroom instruction by placing students in legal setting to gain meaningful experience. Through externships, students improve their research writing, and drafting proficiencies, and are exposed to the skills needed to be successful attorneys. These skills include direct client contact, such as interviewing and counseling, and the ability to reflect upon...»

«JANUARY 1997 LAW REVIEW BEACH FATALITY TESTS PUBLIC RECREATION IMMUNITY STATUTE James C. Kozlowski, J.D., Ph.D. © 1997 James C. Kozlowski Several jurisdictions (most notably Virginia, Illinois, Kansas, and Minnesota) have statutes which provide limited governmental immunity for injuries sustained in public recreational facilities. Subject to minor jurisdictional variations, these statutes typically preclude liability for ordinary negligence and require proof of gross negligence, or...»

«GOD IS THE GOSPEL MEDITATIONS ON GOD’S LOVE AS THE GIFT OF HIMSELF JOHN PIPER C R O S S W AY B O O K S A PUBLISHING MINISTRY OF GOOD NEWS PUBLISHERS WHEATON, ILLINOIS God Is the Gospel Copyright © 2005 by Desiring God Foundation Published by Crossway Books A publishing ministry of Good News Publishers 1300 Crescent Street Wheaton, Illinois 60187 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form by any means,...»

«Contact Information Item Number (If reported to law enforcement): Detective Name: _ Detective Phone Number: Sexual Assault Nurse Examiner Name: SANE Office: (504) 702-4542 SANE Email: Ginesse.Barrett@LCMChealth.org Advocate Name: Advocate Phone Number: Other Notes: _ You have the right to an advocate to help you at any point in this process. If you would like someone to accompany you to make a police report and/or to the hospital exam, or to help review your options, please call the...»





 
<<  HOME   |    CONTACTS
2016 www.dissertation.xlibx.info - Dissertations, online materials

Materials of this site are available for review, all rights belong to their respective owners.
If you do not agree with the fact that your material is placed on this site, please, email us, we will within 1-2 business days delete him.