In the US, there has been a growing
concern of juvenile sex trafficking. The demand for sex with children is
steady, and the profit to the sex traffickers is increasing. The law
enforcement tends to have a challenge not only in prosecuting the traffickers and
buyers of sex with children but on how to handle the boys and girls whose
bodies exploited for profit. Under Victims of Trafficking and Violence
Protection Act of 2000, the laws that address trafficking, sex trafficking of
children tend to be a federal crime. A person under 18 years old involved in
the commercials ext activities is a victim of these crimes. In this paper, it
provides a discussion of juvenile sex trafficking in the US and the juvenile
justice system.
Juvenile sex
trafficking
Juvenile sex trafficking tends to the
most heinous abuse of children. While child sex trafficking often considered an
international crime, experts estimate that there are 100-300,000 US born
children who are at risk of being victims of domestic child sex trafficking
(Fernandes-Alcantara et al. 2015). Juvenile sex trafficking tends to be a key
public health issue in the US and all over the world. The exact number of child
victims in the US is unknown since comprehensive research and the scientific
data is lacking. Juvenile sex trafficking appears to be fueled by situational
and environmental factors ranging from poverty or even the use of prostitution
by the runaway children to provide for the subsistence needs to the recruitment
of children by organized crime units for the prostitution. The vulnerable
children and particularly those subjected to abuse are usually the prime
targets. The kids tend to be raped many times that it is very easy to convince
them that they can get paid for it. The homeless children and kids in the
foster care system also serve as a resource of victims.
The National Human Trafficking Resource
Center indicated that in 2013, it received information on 4,884 potential
trafficking cases. Of the number, 69% were sex trafficking incidents and 31%
involved potential minor victims (Fernandes-Alcantara et al. 2015). The
traffickers normally manipulate and physically, emotionally, and mentally abuse
victims so as to maintain control. The technological advancement such as the
internet and cellular phones are facilitating the demand for child sex
trafficking. When using such technologies, they tend to connect buyers of the
commercial sex with the victims of sex trafficking while it is simultaneously
distancing perpetrators from the criminal transaction.
Due to the lack of understanding and the
hidden nature of the vulnerable population, most times, there is the
criminalization of survivors, and they are put behind bars when they are just
victims of crime. Trafficked juveniles may involve in sex activities such as
prostitution, pimp-controlled, residential and underground brothels, escort
services, massage parlors, pornography production, and strip clubs
(Fernandes-Alcantara et al. 2015). The victims of juvenile sex trafficking tend
to experience feelings of guilt, shame, lack of worthiness of rescue, low
self-esteem, and also a sense of betrayal by the people that they trust.
In
the criminal justice system, the law enforcement has the task of investigating
and prosecuting both the supply side and also the demand side of sex
trafficking. Today, how to categorize the juveniles involved in commercial
sexual activities is becoming a perennial issue for policy makers and law
enforcement. The key question is whether these juveniles should consider as
perpetrators or victims. In the United States, the federal government and some
states tend to conceptualize these juveniles differently, and the variability
is contributing to the implementation of differing policies all throughout the
country (Finklea 2014). While the federal government considers these juveniles
as victims; thus, eligible for specialized services, there are some states that
treat them as perpetrators engaged in prostitution and related crimes.
Juvenile justice system
The investigation and the prosecution of
the child prostitution are mostly the state matters. Every state tends to
outlaw the prostitution of children and sex trafficking of children. However,
irrespective of their protected status at the federal level, the juvenile
victims of sex trafficking are treated and labeled as criminals or juvenile
delinquents at the local and the state level (Finklea 2014). In most cases, the
children arrested and then put in juvenile detention facilities with juveniles
who committed serious crimes rather than in environments where they can get the
needed social and protective services (Simon et al. 2013). Additionally,
because of going through the criminal justice system, they can then have
permanent records as offenders. Researchers claim that labeling the juvenile sex
trafficking victims as prostitutes or offenders and placing them in the
juvenile justice system is a practice that can further harm the victimized
youths.
Those children who fall, a victim of
juvenile sex trafficking, usually move through the child welfare system and
educational system unidentified and eventually land in the juvenile justice
system for the juvenile prostitution or because of innocuous offenses like
running away and other non-violent status offenses. Since 2010, the Florida
Department for Children and Families investigated 1,266 cases of alleged child
sex trafficking and in those cases, 717 were involved in the Department of
Juvenile Justice (Finklea 2014). The failure of clear identification tends to
translate into victims getting remanded to the justice system and returning to
communities where they were first victimized even without appropriate supports
and services. Thus, it tends to fuel a vicious cycle of justice involvement for
most domestic child sex trafficking victims.
When considering the case of girls, in
rare cases, a juvenile court judge tends to recognize the vulnerability of the
girls and consider some safe alternatives to detection for victims. Thus, some
juvenile court judges consider remanding girls to detention so as to keep them
safe from exploitation instead of risking releasing them back to the society.
The main problem with girls being remanded to the justice system is that they
tend to maneuver a system designed for boys that fail to address the specific
needs of girls or even consider the complex trauma that the girls endured
(Lutnick, 2016). The juvenile court judges do not have appropriate trauma
training, and they are not aware of the damaging impact of those policies such
as physical restraints, strip searches, and the solitary confinement on the
survivors of sexual violence. It is
necessary that those judges, the court appointed advocates, attorneys, and
those who are working on cases involving juvenile sex trafficking should have
the understanding and knowledge of children that include the family history,
the dynamics of the juvenile system, and the prior court history.
There are times when the victims of
juvenile sex trafficking can enter the juvenile justice system in situations
where the law enforcement may not know that the juvenile is the trafficking
victim and also in situations where the law enforcement is aware that the
juvenile is the victim (Simon et al. 2013). For example, a law enforcement
officer not trained in identifying juveniles as victims of the commercial sex
exploitation can mistakenly charge the juvenile with a crime. Juveniles may
hide their identities through using fake identification cards so as to protect
the pimp, which reduces the likelihood of the identification of the child as a
victim or the prosecution of a pimp. Contrary, a law enforcement officer that
recognizes that a juvenile is a victim can charge the person with a crime so as
to place them into one of the only available safe and secure environment, which
is a detention facility in the juvenile justice system.
Conclusion
The sexual abuse and the exploitation of
juveniles tend to rob the victims their childhood and irrevocably interfere
with their psychological and emotional development. Ensuring that juvenile come
of age without getting impacted by sexual exploitation and trauma is more that
a criminal justice issue, but also a societal issue. There are barriers
involved in preventing juvenile sex trafficking. Most states in the US have
laws that criminalize trafficked juveniles resulting to the arrest, placement
in juvenile detention center, and prostitution-related charges. It tends to be
confusing to retain the statutes that permit charging and prosecuting juveniles
for prostitution. In the juvenile justice system, there are judges who order
the detention of trafficked children after the court hearing because they
believe that it will keep the victim safe. The detention might guarantee the
separation from the traffickers, but it fails to guarantee safety, and it
rarely offers trauma-informed services. While focusing on resolving the
juvenile sex trafficking in the country, it is essential to consider that the
justice system used will help protect juveniles and also offer the support
necessary to recover in the society. The states that consider the juvenile sex
trafficking victims as perpetrators should change the policy and ensure that it
establishes systems that will offer the victims will services that will help
them.
Reference
Clayton,
E Krugman, R & Simon, P (2013). Confronting
commercial sexual exploitation and the sex trafficking of Minors The
National Academies Press
Finklea,
K (2014). Juvenile Victims of Domestic
Sex Trafficking: The juvenile justice issues. Congressional Research
Service
Kara
S (2010). Sex trafficking: inside the
business of the modern slavery. Columbia University Press
Kristin,
F Siskin, A & Fernandes-Alcantara, A (2015). Sex trafficking of children in the United States. Congressional
Research Service
Lutnick,
A (2016). Domestic minor sex trafficking.
Columbia University Press
Sherry Roberts is the author of this paper. A senior editor at MeldaResearch.Com in legitimate paper writing services if you need a similar paper you can place your order for custom college essay services.
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