Criminal,Victim,or Ally? Examining the Role of Sex Workers in Addressing Minor Sex Trafficking

Abstract

The absence of representation from the sex industry in efforts to address the commercial sexual exploitation of children is striking. “Voices” that get heard are generally limited to survivor testimony, while those who are currently in “the life” are excluded, despite the fact that many enter into prostitution underage and would have been defined as child sex trafficking victims under the Trafficking Victims Protection Act. This article explores the silencing effect of conflating prostitution with sex trafficking, the ways in which sex workers might contribute to addressing the commercial sexual exploitation of children as “allies,” and the ethical responsibility of social workers in anti-trafficking work.

Keywords

anti-trafficking child trafficking DMST sex trafficking sex workers

Introduction

Social workers increasingly have become engaged in the issue of sex trafficking as scholars and practitioners. The profession’s commitment to social and economic justice, advocacy, and well-being makes social workers uniquely well suited to be active participants in prevention, intervention, and treatment efforts (Alvarez & Alessi, 2012; Anastas & Clark, 2012; Palmer, 2010). The National Association of Social Workers (NASW, 2008) officially recognized the difference between forced involuntary prostitution and voluntary commercial sex work in its most recent policy statement. However, the profession has had a troubling history of seeking to rehabilitate “fallen women,” unresolved discourse about consent and agency, and embedded gender and class politics that continue to contribute in part to the conflation of sex work and sex trafficking (Anastas & Clark, 2012, p. 272). The degree to which an actual understanding of that distinction gets incorporated into practice is unclear as evidenced by interventions intended to identify and help sex trafficking victims but negatively impact voluntary sex workers (Ditmore, 2009; Wahab & Panichelli, 2013).

Ethical dilemmas, created not by the survivors but rather that are imbedded within the context of anti-trafficking initiatives, can make the work challenging. For example, much of the access to services that social workers provide is controlled by law enforcement and judicial processes that prioritize prosecution over victim needs, a practice that is arguably antithetical to the social work ethic of client self-determination. Additionally, basic social work principles of dignity, self-worth, and individual autonomy are further compromised by the conflation of sex work and sex trafficking in anti-trafficking legislation and service provision (Anastas & Clark, 2012; NASW, 2008). The clear anti-prostitution agenda within anti-trafficking work removes agency from the “victim” to define their reality which rarely fits neatly within the victim/criminal paradigm and serves to silence those in the sex industry who may be best positioned to identify potential victims and traffickers.

Human trafficking as defined in the United States under the Trafficking Victims Protection Act (TVPA, 2000) and its subsequent reauthorizations (2003, 2005, 2008, and 2013) involves “extreme forms” of trafficking for purposes of labor or sex. Both require the use of force, fraud, or coercion except for instances where minors are commercially sexually exploited. Bromfield and Capous-Desyllas (2012) discovered through interviews with 21 stakeholders who were involved in the development of the TVPA that the process and politics of defining human trafficking brought to the forefront deeply entrenched notions about agency and the ability to consent to sex work. They identified three coalitions that were instrumental in framing the TVPA, namely, the liberal feminist coalition, which included sex workers, focused primarily on sex work as an occupation and the rights of women; the pragmatic coalition which prioritized providing services for victims and prosecution of traffickers; and the left/right coalition, which included conservative Christians and radical feminists with a clear abolitionist agenda, and was primarily interested in abolishing prostitution through anti-trafficking legislation. The authors concluded that the moral agenda of the left/right coalition was “the most powerful and vital force” which is clearly evident in the anti-prostitution language of the TVPA (2000, p. 253). The U.S. federal government demarcated an anti-sex work position in its 2002 policy statement that declared prostitution as “inherently harmful and dehumanizing” (Trafficking in Persons Report [TIP], 2008, p. 23). Additionally, embedded in the 2003 Global AIDS Act and the TVPA is an antiprostitution loyalty oath (APLO) that was required of all nongovernmental organizations (NGOs) that receive federal funds (Human Rights for All, 2011; Office of Legislative Policy and Analysis [OLPA], 2003; Silverman & Decker, 2007). More recently, the U.S. Supreme Court ruled in Agency for International Development et al. v. Alliance for Open Society International, Inc. (2013) that the APLO was unconstitutional as it impedes the First Amendment right to free speech. Nonetheless, the TVPA is critiqued as conflating sex work with sex trafficking in an attempt to criminalize prostitution on a federal level, undermining state jurisdiction. The Sex Workers Project, and other community-based organizations that lobby for the rights of those in the sex industry, argues that sex work is a form of labor and that sex trafficking and sex work are not synonymous (Ditmore, 2009; Saunders, 2005; Thukral, Ditmore, & Murphy, 2005; Tomas Rebugio, 2008). More significantly, they posit that the conflation of sex work with sex trafficking endangers workers and unnecessarily misdirects needed resources to combating prostitution, often to the exclusion of other forms of trafficking (Thukral et al., 2005).

Within the United States, there is a pervasive narrative of sex trafficking victims being predominately under age. The Federal Bureau of Investigation reported that 293,000 American youths are “at risk” of becoming victims, an assertion that lacks definition or data to substantiate the estimation. (Walker-Rodriguez & Hill, 2011). The often-cited average age of entry into prostitution is 12–14 years old, although the accuracy and actual source of that statistic are difficult to verify (American Psychological Association [APA], 2013; Shared Hope International [SHI], 2014a; United Nations [UN], 2002). It seems that the “data” that are driving the national focus on domestic minor sex trafficking (DMST) are based largely on supposition and estimates. Nonetheless, the simple fact that children are being sexually exploited for commercial gain merits attention and is reflected by the Convention on the Rights of the Child’s adoption of the Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography in 2000.

The plight of children captures the public imagination and has forged unlikely alliances between disparate groups to narrowly address the sex trafficking of children (Kinney, 2012). Despite the absence of clear data regarding the prevalence, the 2013 TIP noted, “… state activities have focused almost exclusively on sex trafficking, with a heavy emphasis on child prostitution cases rather than addressing all forms of trafficking and all vulnerable populations” (p. 383). The prioritizing of children as victims appears to be an effective political strategy. For example, the Southern Nevada Human Trafficking Task Force is a collaboration of local and federal law enforcement, service providers, contemporary feminist activists, the faith community, and bipartisan lawmakers. The individual organizations or members might disagree whether adults can “choose” prostitution as a profession or can ever be considered a “victim,” but they seemingly have suspended those differences to focus largely on child sex trafficking, since minors in commercial sex are considered victims by virtue of their minority under Nevada (NRS 01.300(2)(a)(1) and U.S. trafficking laws (Children’s Advocacy Alliance, 2014; TVPA, 2000). Sex worker advocacy groups also generally recognize that minors are particularly vulnerable to abuse or exploitation, but sex workers and their allies are usually not represented on anti-trafficking task forces. If these “unlikely alliances” are able to suspend their differences to address child sex trafficking, perhaps that could also be a point of engagement for adult sex workers. This article therefore seeks to (a) more specifically explore the ways in which the voices of “victims” and/or sex workers get incorporated into anti-sex trafficking narratives and initiatives and (b) the application of social work ethics and best practices in considering the role, if any, of those in the sex industry in addressing the sex trafficking of youth.

Voices

Integral to the discourse on sex trafficking is an archetypal narrative of the “absolute victim” that removes agency from the person who is trafficked (Nielsen, 2009). Recent notions of sex trafficking and real or imagined narratives of victimization and rescue have been deeply embedded in the collective conscience through media, film, and public awareness campaigns. Dramatized films such as Taken (Morel, 2008) and its sequel, Taken 2 (Morel, 2012), and television exposés such as Microsoft and the National Broadcasting Company’s (MSNBC) Sex Slaves: The Teen Trade (2009) heighten concerns about the vulnerability of teenage girls forced into sex work. Survivor narratives used widely in media publications, websites, and other materials intended to raise awareness appear to be highly edited or retold to fit the intent and purpose of the publisher (see, e.g., TIP, 2008, p. 13; Polaris Project; SHI, 2014b). Due in part to the nature of the problem, the voices that get heard are of those that have been “rescued” and more specifically, whose stories either support the publisher’s intended message or have potential to elicit humanitarian responses. Similarly, first-person accounts presented at hearings or other forums that shape legislation and conventions are from victims/survivors who have been identified and supported by NGOs or lawmakers (see, e.g., Coalition to Abolish Slavery & Trafficking; Rossoll, 2013). How or why those persons are identified as being representative of the experiences, perspectives, or needs of trafficking victims as a class is unclear (Hotmire, 2000). Strikingly absent are the voices of those who view being rescued in raids as harmful, who disavow that they are victims, and/or view sex work as a legitimate form of labor unrelated to sex trafficking. A report by the Sex Workers Project provided a platform for the voices of women caught up in raids to rescue victims and recommended access to services and assistance for victims not conditioned on law enforcement cooperation (Ditmore, 2009). Jin, who was arrested and pistol whipped during a raid and later determined to be a victim of sex trafficking, asserted, “A better way to help leave my situation would be anything that didn’t involve the police” (Ditmore, 2009, p. 10). Another interviewee, Marta, who does not identify as a victim advised “I would say to listen to the women, because some people do it out of necessity …” (Ditmore, 2009, p. 26).

Excluding Voices

Efforts to address human trafficking to date have been largely law enforcement-driven. The bulk of U.S. federal funding for anti-trafficking initiatives is available through the Bureau of Justice Assistance (BJA), U.S. Department of Justice. The BJA has a two-pronged funding approach (a) to develop training for law enforcement and communities to identify trafficking in persons and rescue victims and (b) to support and fund task forces (in coordination with Office of Victims of Crime [OVC] and Health and Human Services) based on collaboration among state and local enforcement, trafficking victim services providers, federal law enforcement, and U.S. Attorneys’ Offices (BJA). According to the BJA’s website, 42 Anti-Human Trafficking Task Forces have been funded since 2004. Currently, the BJA and OVC jointly fund 13 task forces which are run by local law enforcement. “Core teams” are comprised of federal, state, and local law enforcement and victim service providers, NGOs, and social services agencies. The presence of “survivors” at task force meetings appear to be largely for testimonial purposes rather than as fully contributing members—thereby leaving the work to the “professionals.”

The absence of those who may be at risk of exploitation vis-à-vis human trafficking as “experts” of their lived experiences is troubling (Galusca, 2012; Gira Grant, 2013). As Boyd (2012, ¶19) points out, “Sex workers often have more access to the worlds in which the majority of commercial sexual exploitation takes place” yet they are excluded from “legitimate” anti-trafficking initiatives. Decision-making bodies would perhaps be better informed if they consider whose voices get heard and the interests that advocates, lawmakers, and law enforcement protect in the selection and presentation of such narratives. The barriers to participation by sex workers are numerous and complex; at the root is the untenable position as both criminals and victims, both in the United States and abroad. Sex worker activists worldwide resist anti-trafficking initiatives asserting that law enforcement-led interventions place workers at greater risk and that commercial sexual exploitation is an employment rights issue rather than criminal matter. The x:talk project (2010, p. 29), a grassroots sex worker rights network in the United Kingdom, argues that in order to guard against exploitative conditions, sex work must first be recognized as work and “that safe workplaces and fair employment should be rights enjoyed by [sex] workers ….” However, in order to have any meaningful discussion about exploitation as a fair labor matter, sex work must first be recognized as a form of labor, regardless of legalization. The purposeful distinction between coercive crimes that involve sex work from other labor exploitation under the TVPA is telling. Debates over whether prostitution should be abolished, or legalized, and if so to what degree, are long running and deeply entrenched and since the passage of the TVPA (2000) have been reconstituted and/or conflated as sex trafficking (Miriam, 2005). Lobbying for a more nuanced discourse that does not equate sex work with forced sexual labor, advocates have sought to eliminate the use of raids in identifying trafficking victims, arguing that the use of force is antithetical to police objectives to have victims testify against their traffickers (Ditmore, 2009).

In the 2009 report, Kicking Down the Door, the Sex Workers Project integrated first-person accounts of trafficking victims and sex workers who were caught up in raids. What is important in the report is not whether raids are effective per se but rather listening to the voices of women who have not been “rescued,” do not wish to be rescued, or who have returned to sex work after being “rescued.” Their narratives may add a broader spectrum of experiences thereby informing lawmakers, NGOs, and law enforcement about how to better provide trafficked persons opportunities and support to leave. However, the issues raised by sex work advocates are largely dismissed by detractors who refute the possibility that prostitution can occur without coercion (Farley, 2013).

Finding Their Voice

Absent a “place at the table,” sex worker advocacy groups in the United States, Europe, and Asia have generated research and reports, reflecting the experiences and perspectives of those impacted by anti-trafficking legislation and policing (Ditmore, 2009; Sex Worker’s Research on Anti-trafficking in Thailand [RATS-W], 2012; Thukral et al., 2005). Neo-abolitionists seek to eradicate sex trafficking and prostitution in part by shaming and criminalizing consumers of sexual services and purportedly thereby “ending demand” (Berger, 2012). Several sex worker rights organizations and advocates in the United States including the Best Practices Policy Project (BPPP), Desiree Alliance, and the Sex Workers Outreach Project (SWOP-USA; 2013) have produced analyses of the Trafficking Victims Protection Reauthorization Act and provided information for the annual TIP report asserting that the end demand approach to human trafficking legislation is “harm[ful to] women and undermine[s] service programs” (Desiree Alliance, 2006, p. 2). Additionally, in 2012, the Open Door Society held a panel discussion regarding the end demand strategy (abolition) of combatting sex trafficking. The panelists agreed an abolitionist approach pushes workers “into more dangerous locations that are less monitored, and increases power of police to exploit” (Break the Chain Campaign, 2012, p. 8). Berger (2012, p. 525) further challenges the assumption that sex trafficking can be essentialized to a “simple supply and demand equation” and the absence of data to support such assertions.

The Empower Foundation generated a report that looked at the impact of anti-trafficking policy and practice in Thailand (RATS-W, 2012). They concluded that, despite the presumption that anti-trafficking legislation is intended to protect victims, “No sincere consultations have ever been undertaken with sex workers to seek their input, assistance, knowledge and experience in designing and implementing trafficking intervention and prevention strategies within our own industry” (RATS-W, 2012, p. 1). In London, the x:talk project (2010) assessed the impact of anti-trafficking policy in the United Kingdom from a human rights perspective. The conclusions and recommendations reflected much of the same concern about safety for sex workers and that the role of law enforcement “contribute[s] to a climate of fear among migrant sex workers and increase the likelihood that they will engage in behaviours that make them vulnerable to exploitation and rights abuses” (x:talk project, 2010, p. 1). Although the initiatives by sex workers worldwide may vary in focus based on local politics and circumstances, the significance of these reports collectively is not the methodological rigor or generalizability of the data or conclusions but rather that sex workers are asserting their right to be heard and not simply being relegated to objects, or arguably sometimes victims, of anti-trafficking policies and practices. However, what universally appears to be absent from these reports are recommendations addressing the recruitment or presence of minors in the sex industry. This oversight may represent a concern about further conflating prostitution and sex trafficking. If sex worker advocates argue that the salient issues are labor rights, safe working conditions, and health, then including minors could raise separate legal and ethical questions and thereby detract from their message. However, even if exploitation in the sex industry arguably can be confined to fair labor matters, the inclusion of forced child labor must be addressed as it is in other industries.

The value of participation and buy-in by sex workers into anti-trafficking initiatives seems intuitive. They presumably have intimate knowledge of the industry, the situations in which they work, and practices and/or people that are exploitative. Additionally, there are lessons to be learned from those who have been caught up in raids or attempts at rescue that could inform best practices. BPPP et al. (2013, p. 3) view sex worker groups as “essential partners for identifying when a person has been trafficked into the sex sector.” Meg Munoz, a sex worker advocate explains, “The sex work community and the sex workers in it not only care incredibly about trafficking—because many of them have experienced that and still have gone back to sex work—but they are our greatest asset when it comes to fighting trafficking. And it is an asset that is untapped, that is being ignored, that is being demonized, and is being shut down” (Free Speech Radio News, 2014). Sex workers are increasingly asserting their desire to address exploitation; however, whether adult sex workers can or should speak for prostituted youths adds a further nuanced layer to the discourse about agency and voice. Additionally, sex work occurs in varied forms and circumstances (i.e., exotic dancing, pornography, escorting, indoor/outdoor/outcall, etc.); therefore, the amount of knowledge that sex workers might have about the experiences of minors, if at all, may vary widely. Perhaps most significant could be the unintended consequence of marginalizing and silencing underage victims by not including their voices in anti-trafficking work. Certainly, the experiences of purportedly consenting adults may be qualitatively different than for children involved in prostitution; therefore, their inclusion cannot be at the expense of excluding youth perspectives. However, if the average age of entry into prostitution is in fact 12–14 years of age, it would stand to reason that a certain percentage of the adults currently in the sex industry may have entered underage and could speak with authority on their experiences (APA, 2013; SHI, 2014a; UN, 2002). As in all work that involves vulnerable populations, especially minors, benefits must be weighed while prioritizing safety.

Risks of Speaking Out

Forming unlikely alliances to address child sex trafficking requires suspending interests, agendas, and assumptions on all parts. More specifically, in the absence of sex work being legitimized—or perhaps despite—ethical challenges to engaging sex workers as allies must be considered. The NASW Code of Ethics prioritizes safety and generally the notion of doing no harm. There are numerous issues to be considered to include the social and emotional cost of having the sex workers “out” themselves, danger from pimps as well as law enforcement, and the possibility of retraumatizing participants. Prostitution has long been viewed as a moral ill rather than a vocation based on the notion that “godly” women (and men) do not freely share their bodies outside marriage and certainly do not exchange sex for money. The act of prostitution is assumed to be so outside of accepted norms that society has sought to control it as a crime rather than as a civil matter involving the provision of a commercial service or as an implied contract between two consenting adults. Nevada is the only state in the United States that has at least in part legalized commercial sex. Therefore, bringing sex workers to the table as allies to address minor sex trafficking may be untenable at best and assumed to create a conflict of interest for law enforcement to be associating with “criminals” (George, 2012).

The safety of anyone in anti-trafficking work is primary, and sex workers could be particularly vulnerable to threats or violence. Although the intent of having sex workers involved in antihuman trafficking work would not be to provide information regarding specific cases, it is likely that their participation would be threatening to pimps or traffickers, thereby placing them at risk. Parker and Skremetti (2013) discuss the violent tactics often employed by pimps to breakdown, control, or to punish those who resist or try to leave the life to include rape, physical beatings, and threats to families. Law enforcement has long recognized that informants or witnesses can contribute meaningful information, but their willingness to cooperate is largely predicated on their confidence in law enforcement to ensure their safety (Fyfe & Sheptycki, 2006; Helfferich, Kavemann, & Rabe, 2011). First-person accounts of mistreatment by police and other law enforcement or distrust in general are pervasive and can further create a barrier to sex worker engagement. The 2013 TIP specifically acknowledges distrust of law enforcement as a barrier to identifying victims and outreach efforts for service providers. Sex workers have clearly argued that positioning law enforcement at the helm is at best ineffective and at worse increases safety concerns for workers (Ditmore, 2009; Tomas Rebugio, 2008; x:talk project, 2010). Although human trafficking in general, and sex trafficking in particular, is considered a form of violence against women, sex trafficking victims are treated as a disparate class from other survivors of gendered violence. In particular, services for domestic violence victims have not been predicated on a woman’s willingness to assist in prosecution. Domestic violence advocates have long insisted on victim-centered practices that emphasize the psychoemotional, economic, and physical well-being of their clients (Nicholas, 2013). Likewise victims of sex trafficking would be better served by initiatives that place their interests first, irrespective of any criminal prosecution (22 U.S. Code§ 7105(b)(1)(E), 2006; George, 2012). The requirement that a non-citizen (18 years or older) be certified as victim of a “severe form” of human trafficking by the Department of Homeland Security in order to receive services prioritizes law enforcement needs and decreases the likelihood that sex workers will seek assistance even if they are victims (22 U.S.C. § 7105(b)(1)(A) 2006).

Although the identified challenges may seem insurmountable, sex worker organizations and advocacy groups have clearly asserted the need for their inclusion in harm reduction efforts (Namerow, 2012). The x:talk project (2010, p. 36) calls for “finding solutions to exploitative practices within the sex industry outside of a trafficking framework.” Collaborations between disparate groups, such as those that comprise the many trafficking task forces, have demonstrated that it is possible to set aside individual or group agendas to address commercial child sexual exploitation (Clawson & Dutch, 2008; Walker-Rodriguez & Hill, 2011). The mechanics of how and to what degree sex workers contribute, that is, as active participants on task forces, as advisors/ consultants, or through input from formal advocacy organizations should be given careful consideration as to the identified risk and safety factors.

The Role of Social Workers

Given the intractability of the debate over delegitimization of sex work, how might social workers engage the sex worker community in addressing the trafficking? Perhaps a paradigm shift from viewing anti-trafficking initiatives as a law enforcement matter to a community/social problem would make it possible for all key stakeholders to come to the table. Generally, sex worker activists acknowledge that there are those who enter the industry through force, fraud, or coercion and that exploitation occurs (RATS-W, 2012; x:talk project, 2010). However, “Highlighting the word ‘prostitution’ [in trafficking laws] implies that prostitution in and of itself is the crux of the problem rather than whether women are forced or exploited within prostitution” (RATS-W, 2012, p. ii). Community activists and social workers understand that in order to address a problem one must first turn to those whose lives are impacted as experts of their lived experiences (de Souza Briggs, 2003). Effective engagement is about ensuring that the entire community is allowed to contribute, in this case especially sex workers who may be at risk of exploitation and/or best positioned to provide an informed, nuanced understanding of the problem. As one sex worker summarized, “Nothing about us, without us” (Namerow, 2012, p. 9).

Social workers have worked with underage victims of sexual exploitation long before the recent attention to minor sex trafficking. The passage of the TVPA (2000) marked an important repositioning of all commercial sexual exploitation of children as a crime, contributing to a gradual reframe toward viewing adjudicated youth as victims rather than delinquents despite conflicts between federal and state laws (Birckhead, 2011). In response to anti-trafficking legislation, the NASW includes on its website a 2006 practice update about human trafficking that articulates three points of intervention, that is (1) victim identification, (2) rehabilitation and reintegration, and (3) prevention (Pathy Sallett, p. 1). The author views social workers as integral to connecting clients to social and health care systems and in prevention efforts that educate vulnerable populations about the “dangers of being exploited or trafficked” (Pathy Sallett, p. 4). Similarly, Palmer (2010) discusses the “domain” of social work in addressing human trafficking to include intensive case management and advocacy. She emphasizes that the profession’s strengths-based focus and commitment to human rights and social justice informs a victim-centered approach.

Social workers have historically embraced collective action and citizen participation as best practice strategies for addressing social problems. More specifically, community organizing, which has deep roots in social work practice, and deliberative justice, which is recognized as being integral to policy decision making, prioritize the inclusion of stakeholders, reflecting social work professional values of client (community) self-determination and empowerment, and strengths-based practice (Brady & O’Connor, 2014; Morrow, 2011; Staples, 2012). Brady and O’Connor (2014) developed the Dialectical Empowerment Model of Community Organizing Practice that identified trust as a critical component to engaging community members that must be established before any meaningful progress can be made. Similarly, Morrow (2011, p. 390) asserted that engagement in deliberative justice practice is key to moving toward identifying “mutually agreed-on intervention goals and objectives.” Community-based work addressing gang violence exemplifies ways in which those directly impacted by an issue can be instrumental in finding solutions. Gang reduction programs often recruit former gang members as interventionists and bring current gang members to the table to problem solve, although not without controversy (Klein, 2011). The participatory work with gangs may also be relevant for domestic minor sex trafficking, since children are often “turned out” by gang-affiliated pimps (Baisch, 2014). Ultimately, the “citizens” who will most benefit from reduction in gang activity or exploitation in sex work are not the paid professionals but those whose lived experiences are shaped by the associated violence and trauma.

Although social workers are key to prevention and restoration efforts, they often find themselves directly, or indirectly, working within law enforcement-driven systems (Jordan, Patel, & Rapp, 2013). Prevention strategies are focused primarily on children who are considered at risk of being recruited and providing training for parents, service providers, community members, and so on, to increase identification of risk factors (Jordan et al., 2013; Palmer, 2010; Pathy Salett, 2006). The anti-trafficking task forces bring together law enforcement and providers who currently work with exploited youths to develop prevention programming but rarely engage current or former sex workers in such efforts, despite the fact they likely possess specific knowledge about “the game” and exploitive practices of pimps not accessible to most. Additionally, service provision (i.e., case management, mental health) and other benefits are often predicated on victims’ certification to include victim compensation and relief under U.S. immigration laws. Notably, even programs that seek to intervene prior to arrest can be problematic vis-à-vis their connection with law enforcement. For example, Project Rose, a diversion program that developed from a partnership between Arizona State University’s School of Social Work and the Phoenix Police Department, has been challenged by the SWOP and critics within the social work profession as being coercive and decidedly not client centered (Smith, 2014; Wahab & Panichelli, 2013). Biannual sweeps have been conducted since 2011 to identify those suspected of prostitution and to offer services in lieu of incarceration (Reiser, 2013). Rose-Sepowitz, the Arizona State University faculty member who cofounded Project Rose, describes the program as an opportunity for women to escape prostitution; however, she admits that preliminary results do not show a decrease in prostitution-related recidivism (Cassidy, 2014; Rose-Sepowitz, Gallagher, Hickle, Pérez Loubert, & Tutleman, 2014).

The omission of “voices” from the sex worker community, combined with the prosecution-focused approach, has led Jordan, Patel, and Rapp and other social work scholars and practitioners to argue for a shift to client-centered, trauma-informed practice (Hardy, Compton, & McPhatter, 2013; Roby, Turley, & Cloward, 2008). Exemplars of initiatives that specifically seek to address DMST outside a law-enforcement-driven context are few; however, probably the most well known are Children of the Night in California which reports an 80% success rate (nonrecidivism; Lawson, 2003) and the Girls Educational & Mentoring Services (GEMS) in New York. Unlike Children of the Night which was founded by Lois Lee while she was a sociology doctoral student, GEMS developed out of the experiences of Rachel Lloyd, a sex trafficking survivor. GEMS’s philosophy states that “The voices and experiences of youth survivors are integral to the development and implementation of all GEMS’ programming.” Although it is difficult to glean Child of the Night’s philosophy from their website, Lloyd and her staff embrace a client-informed, client-centered approach to service. While neither of these programs were founded by social workers, their work is held up as models for best practice and their contributions to the field undeniable. GEMS’s inclusion of survivor/victim voices is notable, but it appears that both organizations operate largely from a rescue and rehabilitate model which may not leave room for alternative voices, such as harm reduction. However, it is important to note that Children of the Night has a Without Walls program that is not dependent on public/government funding (to include Department of Justice enforcement-led funding) that allows them to serve youth in the communities and streets where they live, thereby offering assistance not predicated on nonparticipation in prostitution. Additionally, Lloyd was over 18 when she exited the life and could therefore be an example of how adult sex workers can contribute to an understanding of the needs of minor victims.

Conclusion

The intent of this article has not been to take a stance per se regarding sex work, rather to consider under what circumstances those in the sex industry might be willing to contribute to anti-trafficking work. The conflating of prostitution and sex trafficking under the TVPA and the funding of anti-trafficking initiatives through the Department of Justice has significantly diminished the opportunity to identify and protect minors from sexual predation by pimps or traffickers. An estimated 80% of adult sex workers entered the industry when they were under 18 years old and under the TVPA would have been considered victims of sex trafficking (Birckhead, 2011; Hana, 2002). Presumably these workers, and not just “ex-prostitutes” and/or the “reformed” or “saved,” would have access to knowledge and insight from their lived experiences. Galusca (2012) posits that important potential alliances between those engaged in anti-trafficking work and sex workers have been foreclosed by infantilizing assumptions that sex workers are unable to perceive their own exploitation. The difficult question to be answered is whether the current moral outrage about child sex trafficking is actually about protecting children and not just about prosecuting pimps. Adult sex workers, who are better able to understand the nuanced, complicated rules of “the life,” would be logical partners to identify ways in which youth can be reached, protected, and assisted (Rand, 2009). Barriers to participation have been discussed, but with or without an invitation to the table—sex workers are increasingly weighing in on the importance of including them in solutions and their unwillingness to be marginalized or positioned as objects of anti-trafficking campaigns that arguably put them at increased risk. It is important to note that “sex workers” are not a monolithic group and there are differing perspectives regarding sex trafficking and anti-trafficking initiatives in the sex industry, just as there are within law enforcement and provider communities. However, meaningful impact necessitates embracing varying perspectives and ultimately engaging those who are willing to do the “work” regardless of position or affiliation.

This article discussed the role of social workers in anti-trafficking work generally and in engaging sex workers as experts in their own experience more specifically. If guided by the ethical principles of prioritizing client autonomy, strengths-based client-centered practice, commitment to social justice and individual well-being, and grassroots community organizing, social workers would necessarily advocate for solutions that include sex workers, rather than marginalize them. More importantly, the ways in which both social workers and potentially sex workers participate in anti-trafficking work needs to be closely reconsidered. Participating in a prosecution-focused system that predicates the funding of services on a victim being “certified,” a practice that is clearly driven by funding and not client need, creates an ethical dilemma for social workers and an impediment for sex workers. Additionally, the anti-trafficking task force model is law enforcement centered and not particularly conducive to engagement of service providers or other key stakeholders to include those from the sex industry.

There are few examples of anti-trafficking efforts that have included sex workers; however, by examining the few initiatives that exist and the priorities of sex workers rights organizations, the importance of agency and safety within a human rights context is evident. The Global Alliance against Traffic in Women (GAATW) which embraces a human rights approach is unique in that its member organizations include sex worker advocacy groups, reflecting its principle that “… self-representation and organization of those directly affected by trafficking are strongly encouraged and supported.” GAATW engages its members in its advocacy and research “documenting women’s experiences and agency” within the context of migration, work, and human rights. Similarly, the Sex Workers Project whose mission is to meet the needs of sex workers and trafficking victims embraces a harm reduction and human rights approach. Concerns about safety in the industry is evidenced by the designation of December 17 as the International Day to End Violence against Sex Workers. Sex workers rights group globally engage in activism raising awareness about violence, whether at the hands of customers, law enforcement, pimps, or traffickers (NSWP, 2014). In the absence of strong models or examples, it is difficult to extrapolate ways in which sex workers might engage in work to address DMST; however, it is clear that the current law enforcement-centered practice is untenable. If sex workers are willing to “come to the table,” they should be actively involved in defining terms of participation that prioritize their safety and ensures that they are able to contribute meaningfully. A well-considered review of social work professional principles and ethics guides social workers to advocate for a shift in primary focus of anti-trafficking work from crime reduction and prosecution to client and community-centered initiatives that would include making space for better-informed and inclusive interventions.

Footnotes

Declaration of Conflicting Interests

The author(s) declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.

Funding

The author(s) received no financial support for the research, authorship, and/or publication of this article.

References

22 U.S. Code. (2006). Protection and assistance for victims of trafficking. Retrieved from http://www.law.cornell.edu/uscode/pdf/uscode22/lii_usc_TI_22_CH_78_SE_7105.pdf

Agency for International Development (AID) et al. v. Alliance for Open Society International, Inc. (AOSI) et al. Retrieved from http://www.cato.org/sites/cato.org/files/pubs/pdf/aid_v_aosi_filed_brief.pdf

Alvarez

M. B.

Alessi

E. J.

(2012). Human trafficking is more than sex trafficking and prostitution: Implications for social work. Affilia: Journal of Women and Social Work, 27, 142–152. doi:10.1177/0886109912443763

American Psychological Association. (2013). Retrieved August 11, 2013, from http://www.apa.org/pi/women/resources/index.aspx [Report is no longer available]

Anastas

J. W.

Clark

E. J.

(2012). Social work speaks: National Association of Social Works policy statements 2012-2014. Washington, DC: NASW Press.

Baisch

(2014). Getting girls out of ‘the game.’ Police, 38, 30–37.

Basic principles of GAATW . Global Alliance Against Traffic in Women (GAATW). Retrieved from http://www.gaatw.org/about-us/basic-principles

Berger

S. M.

(2012). No end in sight: Why the “end demand” movement is the wrong focus for efforts to eliminate human trafficking. Harvard Journal of Law & Gender, 35, 523–570.

Best Practices Policy Project; Desiree Alliance; & SWOP-NYC/SWANK. (2013). Report to the US state department, TIP report, 2013. Retrieved from http://www.bestpracticespolicy.org/wp-content/uploads/2013/03/ContributiontoTIP_2013Final.pdf

10.

Birckhead

T. R.

(2011). The “youngest profession;” consent, autonomy, and prostituted children. Washington University Law Journal, 88, 1055–1115.

11.

Boyd

(2012). What anti-trafficking advocates can learn from sex workers: The dynamics of choice, circumstance, and coercion (blog). Huffington Post, August 16, 2012. Retrieved from http://www.huffingtonpost.com/danah-boyd/what-anti-trafficking-advocates-can-learn-from-sex-workers_b_1784382.html

12.

Brady

S. R.

O’Connor

M. K.

(2014). Understanding how community organizing leads to social change: The beginning development of formal practice theory. Journal of Community Practice, 22, 210–228.

13.

Break the Chain Campaign. (2012). Sex work and human trafficking: The role of the advocate. Retrieved from breakthechaincampaigndc.wordpress.com/2012/04/20/sex-work-and-human-trafficking-the-role-of-the-advocate-6-2/

14.

Bromfield

N. F.

Capous-Desyllas

(2012). Underlying motives, moral agendas and unlikely partnerships: The formulation of the U.S. Trafficking in victims protection act through the data and voices of key policy players. Advances in Social Work, 13, 243–261.

15.

Bureau of Justice Assistance. Anti-human trafficking task force initiative. Retrieved March 5, 2013, from https://www.bja.gov/ProgramDetails.aspx?Program_ID=51

16.

Cassidy

(2014). Phoenix’s anti-prostitution program flawed, critics say. The Arizona Republic. Retrieved from http://www.azcentral.com/story/news/local/phoenix/2014/06/09/phoenix-anti-prostitution-program-project-rose-controversy/10225429/

17.

Children’s Advocacy Alliance. (2014). Southern Nevada human trafficking task force. Nevada Coalition Resource List. Retrieved from http://caanv.org/wp-content/uploads/2014/03/NV-Coalition-Resource-List.pdf

18.

Clawson

H. J.

Dutch

(2008). Identifying victims of human trafficking: Inherent challenges and promising strategies from the field. U.S. Department of Health and Human Services. Retrieved from http://aspe.hhs.gov/hsp/07/HumanTrafficking/IdentVict/ib.pdf

19.

Coalition to Abolish Slavery & Trafficking. Providing survivors with the seeds of renewal. Retrieved from http://www.castla.org/survivor-stories

20.

Desiree Alliance. (2006). Initiatives to “end demand” for prostitution harm women and undermine services. Retrieved August 13, 2013, from http://www.desireealliance.org/resources/enddemand.htm

21.

de Souza Briggs, X. (2003). Organizing stakeholders, building movement, setting the agenda. Cambridge, England: The Community Problem-solving Project, MIT. Retrieved from http://web.mit.edu/cpsproject/strategy_tools/organizing%20stakeholders%202003%20MIT.pdf

22.

Ditmore

(2009). The use of raids to fight trafficking in persons. Sex Workers Project. Retrieved from http://sexworkersproject.org/downloads/swp-2009-raids-and-trafficking-report.pdf

23.

Farley

(2013). Prostitution, liberalism, and slavery. Logos: A Journal of Modern Society & Culture, 12. Retrieved from http://logosjournal.com/2013/farley/

24.

Free Speech Radio News. (2014). Sex workers left out of conversation on sex trafficking prevention. Retrieved from http://fsrn.org/2014/09/sex-workers-left-out-of-conversation-on-sex-trafficking-prevention/

25.

Fyfe

Sheptycki

(2006). International trends in the facilitation of witness co-operation in organized crime cases. European Journal of Criminology, 3, 319–355.

26.

Galusca

(2012). Slave hunters, brothel busters, and feminist interventions: Investigative journalists as anti-sex-trafficking humanitarians. Feminist Formations, 24, 1–24.

27.

George

(2012). The strong arm of the law is weak: How the trafficking victims protection act fails to assist effectively victims of the sex trade. Creighton Law Journal, 45, 563–580.

28.

Gira Grant

(2013). Unpacking the sex trafficking panic. Contemporary Sexuality, 47, 2–6.

29.

Global Network of Sex Work Projects. (2014). A call to action and a community healing event – International day to end violence against sex workers. Retrieved from http://www.nswp.org/news-story/call-action-and-community-healing-event-international-day-end-violence-against-sex-worker

30.

Hanna

(2002). Somebody’s daughter: The domestic trafficking of girls for the commercial sex industry and the power of love. William &Mary Journal of Women and the Law, 9, 1–29.

31.

Hardy

V. L.

Compton

K. D.

McPhatter

V. S.

(2013). Domestic minor sex trafficking: Practice implications for mental health professionals. Affilia: Journal of Women & Social Work, 28, 8–18. doi:10.1177/0886109912475172

32.

Helfferich

Kavemann

Rabe

(2011). Determinants of the willingness to make a statement of victims of human trafficking for the purpose of sexual exploitation in the triangle offender-police-victim. Trends in Organized Crime, 14, 125–147. doi:10.1007/s12117-011-9125-1

33.

Hotmire

(2000). Brownback chairs hearing on trafficking of women and children. Office of U.S. Sen. Sam Brownback [Link is no longer available]. Retrieved January 18, 2009, from http://brownback.senate.gov/pressapp/record.cfm?id=175965&

34.

Human Rights for All. (2011). Reducing violence against sex workers: What are the policy questions? Retrieved June 30, 2014, from http://faculty.washington.edu/lerum/Policy%20Brief%20FINAL.pdf

35.

Jordan

Patel

Rapp

(2013). Domestic minor sex trafficking: A social work perspective on misidentification, victims, buyers, traffickers, treatment, and reform of current practice. Journal of Human Behavior in the Social Environment, 23, 356–369. doi:10.1080/10911359.2013.764198

36.

Kinney

(2012). Prop. 35’s sex-crimes focus too narrow. San Francisco Chronicle, September 23. Retrieved from http://www.sfgate.com/opinion/openforum/article/Prop-35-s-sex-crimes-focus-too-narrow-3888247.php

37.

Klein

M. W.

(2011). Comprehensive gang and violence reduction programs: Reinventing the square wheel. American Society of Criminology, 10, 1037–1044. doi:10.1111/j.1745-9133.2011.00758.x

38.

Lawson

(2003). Children of the night. Henderson, NV: Las Vegas Sun. Retrieved from http://www.lasvegassun.com/news/2003/dec/05/children-of-the-night/

39.

Miriam

(2005). Stopping the traffic in women: Power, agency and abolition in feminist debates over sex-trafficking. Journal of Social Philosophy, 36, 1–17. doi:10.1111/j.1467-9833.2005.00254.x

40.

Morrow

(2011). Integrating deliberative justice theory into social work policy pedagogy. Journal of Social Work Education, 47, 389–401.

41.

Microsoft and the National Broadcasting Company. (2009, 2 15). Sex slaves: The teen trade. Retrieved from http://www.nbcnews.com/id/21134540/vp/29178791#29178791

42.

Namerow

(2012, 1 19). Sex work is not sex trafficking [Web log post]. Retrieved from http://blogs.ajws.org/blog/2012/06/19/sex-work-is-not-sex-trafficking/

43.

National Association of Social Workers. (2008). Code of ethics. Retrieved from http://socialworkers.org/pubs/code/code.asp

44.

Nicholas

A.J.

(2013). Survivor-defined practices to mitigate revictimization of battered women in the protective order process. Journal of Interpersonal Violence, 28, 1403–1423. doi:10.1177/0886260512468243

45.

Nielsen

(2009). Unfulfilled promises: Troubling trafficked women in “Eastern Promises.” Re-public: Reimagining Democracy [Link is no longer available]. Retrieved January 18, 2009, from http://www.re-public.gr/en/?p=466

46.

Office of Legislative Policy and Analysis. (2003). United States leadership against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, P.L. 108-25 (S. 250, HR 1298), 108th Congress. Retrieved from http://olpa.od.nih.gov/legislation/108/publiclaws/hivtbmal.asp

47.

Palmer

(2010). The essential role of social work in addressing victims and survivors of trafficking. ILSA Journal of International & Comparative Law, 17, 43–56.

48.

Parker

S. C.

Skremetti

J. T.

(2013). Pimps down: A prosecutorial perspective on domestic sex trafficking. University of Memphis Law Journal, 43, 1013–1045.

49.

Pathy Salett

(2006). Human trafficking and modern-day slavery. NASW Human Rights & International Affairs Practice Update. Retrieved June 30, 2014, from http://www.naswdc.org/diversity/affirmative_action/humanTraffic1206.PDF

50.

Polaris Project. Survivor stories. Retrieved from http://www.polarisproject.org/what-we-do/client-services/survivor-stories

51.

Rand

(2009). It can’t happen in my backyard: The commercial sexual exploitation of girls in the United States. Child & Youth Services, 31, 138–156. doi:10.1080 /0145935X.2009.524480

52.

Sex Worker’s Research on Anti-trafficking in Thailand Team. (2012). The impact of anti-trafficking policy and practice on sex worker’s human rights in Thailand. Retrieved from http://aidsdatahub.org/dmdocuments/HitandRun_RATSW_Eng_Empower_2012.pdf

53.

Reiser

(2013). ‘Project Rose” helps accused prostitutes get help, avoid arrest. KPHO News. Retrieved from http://www.kpho.com/story/23733421/5th-project-rose-operation-helped-accused-prostitutes-get-help-avoid-arrest

54.

Roby

J. L.

Turley

Garrick Cloward

J. G.

(2008). U.S. response to human trafficking: Is it enough? Journal of Immigrant & Refugee Studies, 6, 508–525. doi:10.1080/ 15362940802480241

55.

Rose-Sepowitz

D. E.

Gallagher

Hickle

K. E.

Pérez Loubert

Tutleman

(2014). Project ROSE: An arrest alternative for victims of sex trafficking and prostitution. Journal of Offender Rehabilitation, 53, 57–74.

56.

Rossoll

(2013). Foster care and sex trafficking survivor testifies on hill. ABC News. Retrieved from http://abcnews.go.com/blogs/politics/2013/10/foster-care-and-sex-trafficking-survivor-testifies-on-hill/

57.

Saunders

(2005). Traffic violations: Determining the meaning of violence in sexual trafficking versus sex work. Journal of Interpersonal Violence, 20, 343–360.

58.

Sex Workers Outreach Project – USA. (2013). Retrieved from http://www.swopusa.org/about-us/

59.

Shared Hope International. (2014a). FAQs. Retrieved from http://sharedhope.org/learn/faqs/

60.

Shared Hope International. (2014b). Stories of hope. Retrieved from http://sharedhope.org/what-we-do/restore/stories-of-hope/

61.

Silverman

Decker

(2007). The U.S. anti-prostitution pledge: A call for cooperation. PLoS Med, 4, 280. Retrieved from http://www.plosmedicine.org/article/info:doi/10.1371/journal.pmed.0040280

62.

Smith

(2014). Project Rose: Arizona sex workers forced to choose between prison and church. International Business Times. Retrieved from http://www.ibtimes.co.uk/project-rose-can-sex-workers-be-cured-diversion-therapy-1438878

63.

Staples

(2012). Community organizing for social justice: Grassroots groups for power. Social Work with Groups, 35, 287–296. doi:10.1080/01609513.2012.656233

64.

Morel

(Director). (2008). Taken [Motion picture]. Los Angeles, CA: 20th Century Fox Film Corporation.

65.

Morel

(Director). (2012). Taken 2 [Motion picture]. Los Angeles, CA: 20th Century Fox Film Corporation.

66.

Thukral

Ditmore

Murphy

(2005). Behind closed doors: An analysis of indoor sex work in New York City. Sex Workers Project. Retrieved from http://sexworkersproject.org/downloads/BehindClosedDoors.pdf

67.

Tomas Rebugio

(2008). Rights to survival & mobility: An anti-trafficking activist’s agenda. Human trafficking. National Asian Pacific American Women’s Forum (NAPAWF). Retrieved from http://napawf.org/wp-content/uploads/2009/10/AT_Agenda.pdf

68.

United Nations. 2002. Optional protocol to the convention on the rights of the child on the sale of children, child prostitution and child pornography. Office of the High Commissioner for Human Rights. Retrieved from http://www.ohchr.org/EN/ProfessionalInterest/Pages/OPSCCRC.aspx

69.

U.S. Department of State (Trafficking Victims Protection Act). (2000). William Wilberforce victims of trafficking and violence protection act. Retrieved from http://www.state.gov/j/tip/laws/61124.htm

70.

U.S. Department of State, Office to Monitor and Combat Trafficking in Persons (TIP). (2008). Trafficking in persons report (TIP). Retrieved from http://www.state.gov/g/tip/rls/tiprpt/2008/

71.

U.S. Department of State, Office to Monitor and Combat Trafficking in Persons (TIP). (2013). Trafficking in persons report (TIP). Retrieved from http://www.state.gov/j/tip/rls/tiprpt/2013/index.htm

72.

Wahab

Panichelli

(2013). Ethical and human rights issues in coercive interventions with sex workers. Affilia, 28, 344–349.

73.

Walker-Rodriguez

Hill

(2011). Human sex trafficking. FBI Law Enforcement Bulletin. Retrieved from http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/march_2011/human_sex_trafficking

74.

x:talk project. (2010). Human rights, sex work and the challenge of trafficking: Human rights impact assessment of anti-trafficking policy in the UK. Retrieved from http://www.xtalkproject.net/wp-content/uploads/2010/12/reportfinal1.pdf