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The case of a 13-year-old girl who was prosecuted for prostitution (while her 32-year-old pimp got away) in Texas was decided by the Texas supreme court this week. And they've said categorically that children in the commercial sex industry aren't criminals, they're victims of child sex trafficking. This decision is significant not only for the children of Texas, but for kids around the country as more and more states may begin to see child prostitution for what it is: a crime against children.
On the one hand, declaring that children in prostitution are victims as opposed to criminals sounds like a no-brainer. Every state has an age of sexual consent that prohibits children of a certain age from consenting to sex. Why should the fact that a financial transaction is involved suddenly make children and young teens able to consent to sex? But Texas, like almost all states, never provided an age limit on the crime of prostitution. So it was legally possible for a 13-year-old to be a victim of the crime of statutory rape, but a perpetrator of the crime of prostitution -- both for the same act!
The Texas Supreme Court decision is poised to change that -- not just in Texas, but across the country. The ruling sets an important precedent by stating that children in the commercial sex industry are victims of a crime and should be treated as such. Will other states take this ruling and use it in their own cases, aiming to protect children from sexual exploitation? Will this lead a new movement to decriminalize minors in prostitution while placing the onus for their abuse on their pimps and the men who buy them? Only time will tell.
If this does mark the beginning of a new trend, then one thing is abundantly clear: we need some place to put these girls. One of the major reasons the Texas 13-year-old was prosecuted in the first place was the D.A. argued that jail was safer than the streets, and in juvenile detention she'd have access to social services she couldn't get elsewhere. And the sad thing is in many areas, the only safe place off the streets is juvenile detention. But locking up victims (aside from being wrong) can traumatize them even more. So if we as a country follow Texas's lead and say teens in prostitution are victims, then we need to build them shelters and safe houses, not jails.
Congratulations, Texas, on this landmark decision.
Photo Credit: Pink Sherbert
Amanda Kloer has been a full-time abolitionist for six years. She currently develops trainings and educational materials for civil attorneys representing victims of human trafficking and gender-based violence.
Texas Supreme Court: Kids in Prostitution Are Victims, Not Criminals | End Human Trafficking | Change.org
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