Does it matter when popular stories about “sex trafficking” are based on half-truths, junk science, and/or religious beliefs? Given that many people are interested in the issue of human trafficking in general and human trafficking in the sex industry in particular, it is critical that we face the consequences of stories told in the name of rescuing girls and women.

Since the passing of the Trafficking Victims Protection Act of 2000 (TVPA), stories of human trafficking have been well integrated into the American cultural imagination. While there are now many more reliable scholarly resources on human trafficking today then there were at the turn of the 21st century, many individuals still derive most of their knowledge about human trafficking from sensationalistic media stories about so-called “sex trafficking.” [i]

In the United States, mediated stories of human trafficking of sex workers vary around specific contextual details of who, when, and where, but they consistently portray the same messages about why and how. Hollywood action-adventure characterizations of victims and villains are deployed; complex structural problems are squeezed into personal morality tales; and the stories are then used by anti-sex work politicians and activists to justify heightened forms of criminal punishment. While the stories may have popular appeal, evidence suggests that more criminalization actually hurts all sex workers across the continuum of privilege and oppression.

The argument I will make here is organized around the following interrelated points:

1. We must critically interrogate dominant stories told about people in the sex industry. (There are numerous examples, but I will focus here on the content and impact of recent feature length film in particular, The Abduction of Eden);
2. Such stories justify the criminal punishment system via rescue/capture methods as an avenue for social justice (this includes laws being proposed right now in Washington State);
3. Because the criminal punishment system has a long history of destroying the lives of poor people and people of color — including those of sex workers — academics and activists concerned about people in the sex trade need to rethink this entire set of dominant stories and strategies.

1. Demonizing tales
While there are a plethora of sensationalized media stories about coercion, abuse, and trafficking in the sex industry one recent story – Abduction of Eden (AKA Eden, released 2012) – provides a powerful blend of Hollywood and Biblical tropes. This in combination with the promise that Eden is a “true” story makes it a productive one for understanding the relationship between American cultural storytelling and political policies about sex work and human trafficking.

Eden is a feature length film directed by Seattle filmmaker Megan Griffiths derived from the allegedly true story of Chong Kim. The protagonist (actress Jamie Chung) – a naïve 17 year old girl with hard working, Korean immigrant, Christian parents – is kidnapped and brought to a warehouse/jail with dozens of thin, young, feminine, cisgender, and (mostly white) girls who are forced to stand obediently in line wearing identical white underwear-tanktop sets. The protagonist’s (now renamed “Eden”) first assignment is on a BDSM porn set; she sobs as her hands are handcuffed and pulled upward. At her next job Eden attempts a dramatic escape; bloody and screaming she runs into a suburban backyard with white women drinking white wine (they don’t call the police and Eden is recaptured). We learn that Eden’s best friend in the prison/brothel was stolen at age 13, and when her friend gets pregnant and gives birth, her baby is also stolen and sold. A message portrayed in Eden is that when girls disobey or simply grow too old for the work (20+ years of age) they are executed. The film also implies that this sex trafficking operation is part of an international network directed from outside the US. Although the external controller is never named, there are Russian men working for the operation and Dubai is frequently mentioned. This includes a scene where the drug-addicted supervisor (Vaughn/Matt O’Leary) threatens Svletlana (Naama Kates), a blonde Russian woman with being sent back to Dubai, where she “can get dicked by donkeys all day.”

If these themes are not enough to convince the average American viewer that the world of sex work is pure evil (relying on enslaved cisgender girls enacting forced BDSM porn and probably dictated by an international network of men from Russia and the Middle East who have sex with donkeys), the film hits home the message with multiple Biblical references and metaphors.

This includes the obvious metaphor about the Garden of Eden. It also includes a scene where God appears in the body of a tall white deputy named Ron Greer (Tony Doupe). When Greer questions the corrupt, murderous federal marshal Bob Gault (Beau Bridges) about his possible role in a double homicide, Gault/Bridges looks upward with fear in his eyes and says: “Lord. How are your leads coming?” When Greer informs him that his cell phone activity was picked up near the scene of the crime, Gault replies: “I’ll be damned.” Greer responds: “Well I surely hope not.”

What Eden viewers may not be aware of is that there are many counter-narratives to the “truth” claims of such messages. For example:

• While there are certainly degrees of coercion or lack of choice found in all jobs especially unregulated or informal economy labor including the sex industry, the portrayal of a warehouse of dozens of kidnapped teenage girls being forced to be prostitutes is simply not consistent with reliable data about the experiences of contemporary sex workers, especially as practiced in the U.S.
• Individuals representing a spectrum of genders, sexes, races, ages, social classes, sexual orientations, and body types work as sex workers.
• BDSM is a consensual sexual lifestyle choice for many people as is participation in pornography – but both of these activities have long been demonized by conservative feminists and religious groups. The stigma and fear of BDSM and porn can thus be used as an easy tool to invoke shock and horror from people who are morally opposed to both.
• Despite narratives about international “sex trafficking rings,” critical criminologists describe trafficking in the sex industry as better described as “crime that is organized” (rather than “organized crime”).[ii]
• Eden was produced and consumed within a broader U.S. cultural context where fictitious claims about “sex trafficking” are common, ranging from grossly inflated and unreliable global estimates, to debunked claims that the Superbowl creates an uptick in sexual slavery, and statistically untenable assertions that the “average age” of women entering prostitution is 13-14.[iii]
• As it turned out, none of the content of Eden was based in truth. In June of 2014 multiple investigators into Chong Kim’s story found that she lied about the everything.[iv] Kim was investigated and charged for fraud by a variety of anti-trafficking organizations.[v] But Eden still had several years of celebrity adoration before this news broke.

Initial mainstream responses to Eden
Even before its official release, mainstream (non-sex worker and non-allied) audiences and critics went wild over the story of Eden. While many found the performances impressive and the action-adventure storyline gripping, what sealed Eden’s critical success was that people believed that this story was true. Feminist and women’s groups, churches, and film festivals sponsored screenings; awards were given, local anti-sex work/trafficking politicians were featured, people became enraged en masse and were motivated to join the crusade. The text of Eden folded seamlessly into the curriculum of U.S.-based anti-sex trafficking efforts with its images of taped mouths, chained wrists risen toward the heavens, “in our own backyard” and “stolen innocence” messages, and the idea that the average age of sex trafficked girls in the U.S. is age 13. The true story of Eden appeared to be an American anti-sex trafficking activist’s dream come true.

Even mainstream/secular journalists converted to Eden’s cause, infusing their reviews with Judeo-Christian language and imagery. David Schmader of the progressive Seattle based periodical The Stranger called Eden “a miracle.”[vi] James Rocchi of MSN Entertainment described Eden as “a rewarding, righteous example of how fiction can tell the truth.”

Anti-sex work apologists may try to explain away the embarrassment around Eden (as well as other high profile “sex trafficking” stories)[vii] as just an anomaly, or as a few people stretching the truth for a good cause. But Eden is just the visible cultural iceberg of a story that has already become embedded into U.S. policing practices.

2. Context of U.S. policing & criminalizing policies
Part of the reason for the success of Eden is that it was preaching to an American choir that already had the why and the how part of the story in place. It also complemented dominant approaches to end trafficking in the sex industry that feature coercive “law and order” methods where participants are either forced to be rescued/reprogrammed or captured/incarcerated. The rescue side is led predominantly by well-meaning (and mostly white) middle-class women and men (Christians, social workers, feminists) attempting to “save” cisgender girls and women from sex work. The capture side is directed by (predominantly white) men in policing agencies (police, FBI, Homeland Security) who capture girls and women for rescue and men for punishment.

The dynamics between the rescuers/rescued and capturers/captured can also underscore racist power relations. To borrow from Gayatri Spivak’s famous phrase, “white men are saving brown women from brown men”[viii]: Anti-sex trafficking crusaders are often white men and women saving (all cisgender) women from (black and brown) men.

However, we are now in a cultural moment – thanks in part to the Black Lives Matter movement – where many white middle class people are collectively and finally having an epiphany around the reality of police brutality, mass incarceration, and criminalization of everyday life for poor communities and communities of color.[ix] But what many people have not yet made the connection on is how these same principles need to be applied when evaluating the war on trafficking.[x] This war combines many of the same strategies from the “war on drugs” and the “war on terror” (targeting “urban gangs,” people of color and immigrants) to create even more invasive policing and surveillance mechanisms of marginalized people’s everyday lives.

This brings me to the current legislative climate in Washington State: the location where Eden was produced. Washington is currently facing several new state legislature bills intending to create more criminal penalties for clients of sex workers[xi]. The bills are largely generated and coordinated from the desk of Washington State senator Jeanne Kohl-Welles, who is a long time supporter of state level anti-trafficking legislation.

An earlier anti-trafficking bill (also sponsored by Kohl-Welles) resulted in harsh felony punishment for domestic “traffickers” in Washington State. The first individual sentenced under this new law in 2009 was a 19-year-old African American man working as a pimp/manager/boyfriend to a group of young African American women in West Seattle.[xii] He sits now with many other young men of color in prison, many of whom were first incarcerated under the failed and racially discriminatory “war on drugs,” and now also increasingly incarcerated in the name of the war on “sex trafficking.”

With Federal and State punishments now locked in for “traffickers” in Washington State, the new set of proposed state laws are now set on the clients as part of the “end the demand” approach (AKA the “Nordic Model”). The idea is that if men are given harsh enough criminal and social punishments for buying sex, then they will stop trying to buy it. This is a popular idea with contemporary anti-sex work activists despite the fact that:

• there is no reliable empirical evidence to support that this approach is helpful for reducing harms to sex workers,[xiii]
• leading global health experts oppose any form of criminalization in the sex industry due to the health harms it poses for sex workers,[xiv]
• sex worker activists and advocates have consistently documented the harms of criminalization and policing on the well-being and human rights of people in the sex industry,[xv]
• these policies criminalize sexual interactions between consenting adults, and:
• more criminalization ≠ social justice.

Is there a connection between sensationalist “sex trafficking” stories such as Eden and policies that hyper-criminalize the sex industry? I think there is. Not only do these stories serve as a popular master narrative around the sex industry; in this case the critical acclaim for Eden (and its director, Megan Griffiths) is also intertwined with the success of Kohl-Welles’s push for increasingly harsh anti-sex trafficking legislation in Washington State. At a May 2013 screening of Eden, Kohl-Welles was featured as an expert on sex trafficking; Kohl-Welles subsequently supported the Motion Picture Competitiveness Bill in Washington State, which directly benefits filmmakers like Griffiths. In October 2014 Griffiths spoke in support to Kohl-Welles’ re-election.

3. Work with sex workers, not against them
Many progressive individuals and communities aspire to support the war against trafficking, and want to trust that laws that criminalize men actors will help girls and women who are coerced, abused, or trafficked in the sex industry. However, evidence from global health and human rights researchers consistently show that more criminalization hurts all sex workers across the continuum of privilege and oppression.

Because of the harms of criminalization:

• We must insist that the voices of a diverse range of sex workers be included in all panels and policy discussions that impact them.[xvi]
• It is time for class- and race-privileged individuals to examine their own complicity in supporting sensationalistic stories and moralistic rescue/capture policing strategies.
• People concerned about exploitation in the sex industry should join activists working for the labor and human rights of people working in the sex industry. This includes opposition to criminalization of consensual adult sexual exchanges.
• Rather than seek to punish individuals who are already marginalized, and/or punish people for engaging in adult consensual sex, it is time to work with sex workers against systemic punishment, criminalization, and institutional exclusion of women, people of color, poor people, trans* individuals, undocumented people, and homeless youth – many of whom rely on the informal economy including sex work.

If you care about improving the lives of people in the sex trade it is time to advocate for a greater diversity of sex worker stories and perspectives on how to first discuss and then solve coercion and abuse in the sex industry. There may certainly still be space for religious beliefs and metaphors in this wider diversity of stories and plot lines. However, if one truly listens to the bottom line perspectives of sex workers around the world, it will become clear that we need to look beyond the criminal punishment system for solving social justice issues.

————

References and further readings:

This essay is an extension of an argument that I made in an earlier publication, which was featured as a dialogue/debate amongst experts on human trafficking: Lerum, K. 2014 (Winter). “Human Wrongs vs. Human Rights.” Contexts.

• [i] Many individuals advocating for sex worker rights, myself included, object to the term “sex trafficking” arguing that the term prioritizes moralistic, limited, and objectifying notions of the product (“sex”) rather than on the people producing that labor (sex workers). Many sex workers’ advocates thus argue for a different way of talking about the issue: e.g. “human trafficking of sex workers” (not “sex” trafficking). Just as people refer to “human trafficking of agricultural workers” (not “food” trafficking) and “human trafficking of domestic workers” (not “house” trafficking).
  [ii] See: M Segrave, S Milivojevic, et al., Sex Trafficking: International context and response, Willan Publishing, Devon, UK, 2009, pp. 9—10.
  [iii]http://traffickingroundtable.org/2011/01/fact-or-fiction-what-do-we-really-know-about-human-trafficking/
  [iv] http://reason.com/blog/2014/06/12/eden-sex-trafficking-fable-falls-apart
• [v] http://slog.thestranger.com/slog/archives/2014/06/04/chong-kim-the-woman-whose-allegedly-true-story-served-as-the-basis-for-megan-griffiths-film-eden-revealed-to-be-a-fraud
• [vi] http://www.thestranger.com/seattle/real-world-horror-film-world-triumph/Content?oid=16638121
• [vii] Two recent examples include the controversy around Somaly Mam http://www.newsweek.com/2014/05/30/somaly-mam-holy-saint-and-sinner-sex-trafficking-251642.html , and the Hollywood film, Taken, starring Liam Neeson http://bitchmagazine.org/article/trade-secrets
  [viii] Gayatri Chakravorty Spivak. 1993. “Can the Subaltern Speak?” In Colonial Discourse and Post-Colonial Theory: A Reader, eds. Patrick Williams and Laura Chrisman. Hemel Hempstead: Harvester, p. 93.
  [ix] Texts such as Michelle Alexander’s (2011) The New Jim Crow have also been helpful for filling in many white middle class people’s consciousness around how the “war on drugs” not only completely failed to reduce drug abuse but in the process also demolished the lives of millions of people of color who were imprisoned for non-violent offenses.
• [x] In contrast, those who have made this connection are social justice activists coming directly out of communities of color, sex worker, and immigrant, undocumented, poor, and queer and trans* communities. E.g, see Queer (in) Justice (2011) by Mogul, Ritchie, and Whitlock.
  [xi] http://swop-seattle.org/resources/summery-of-proposed-end-demand-bills/
• [xii] http://www.seattletimes.com/seattle-news/teenage-pimp-convicted-of-human-trafficking/?cmpid=2308
• [xiii] http://www.seattletimes.com/seattle-news/teenage-pimp-convicted-of-human-trafficking/?cmpid=2308
• [xiv] http://www.thelancet.com/series/HIV-and-sex-workers
• [xv] See, for example: A Crago, Our Lives Matter: Sex workers unite for health and rights, Open Society Institute, 2008, http://www.soros.org/ initiatives/health/focus/sharp/articles_publications/publications/
  ourlivesmatter_20080724/Our%20Lives%20Matter%20%20Sex%20Workers%20Unite%20for%20Health%20and%20Rights.pdf;
  See also: J Huckerby, ‘United States of America’ in Global Alliance Against Traffic in Women (ed.) Collateral Damage: The impact of anti-trafficking measures on human rights around the world, GAATW, 2007, p. 231, http://www.gaatw.org.;
  See also: Sex Workers Project, Use of Raids to Fight Trafficking in Persons, SWP, 2009, http://www.urbanjustice.org/pdf/publications/Kicking_Down_The_Door_Exec_Sum.pdf.
• [xvi] Thus far in Washington State, members of the Sex Worker Outreach Projects (SWOP)-Seattle have been either locked out of – or have had to force themselves into – the recent End the Demand policy discussions. See: http://www.thestranger.com/news/feature/2015/02/11/21689047/meet-the-sex-workers-who-lawmakers-dont-believe-exist

For the 5th year in a row, Sexuality & Society brings you its (highly subjective and mostly North American/U.S.-centered) list of top ten sexual stories of the year!

One of the satisfying aspects of compiling these stories each year is noticing their connections to past stories. Collectively, these “sexual” stories are critical to the societal narratives that are told and retold and sometimes sold to make sense of our lives. Below are some of the stories which struck us as worth retelling and analyzing…..Check out our lists for 2009, 2010, 2011, and 2012!

Also: We maintain an active Facebook Page — please find us there as well!

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10. Iowa court says it’s ok to fire women who are “irresistible”

This story is so ludicrous that it is difficult to believe that it is not out of The Onion. Nonetheless, it relies on 19th Century Victorian notions of femininity whereby women were viewed as responsible for controlling men’s sexual desires, and thus ensuing calls for modesty were viewed as minimizing the possibility of sexual attention from men. See below for a 2013 version of this Victorian mentality:

(CNN) — Melissa Nelson lost her bid Friday to have Iowa’s top court reverse its ruling that held the former dental assistant did not suffer gender bias when she was fired for being “irresistible.”

The Iowa Supreme Court stood by its December finding that Dr. James Knight was legally able to fire the assistant after his wife became concerned about the relationship between the two.

Knight’s conduct was not sex discrimination in violation of the Iowa Civil Rights Act, the court said.

The all-male court had previously ruled against Nelson, finding that employees who are seen as an “irresistible attraction” by their employers can be fired in such circumstances.

Source: http://www.cnn.com/2013/07/12/us/iowa-irresistible-worker/index.html

 9. Susan B. Komen rejects money donated by exotic dancers 

The Pink foundation has made our list for a second year in a row …. (remember last year, when they cut funding to Planned Parenthood due to anti-abortion politics within the foundation? But then they changed their mind?). This year they kept themselves under the public radar but still received some press when they refused money from a fundraiser held by exotic dancers. Their rationale? “Southern Nevada’s Executive Director Stephanie Kirby said it’s Susan G. Komen’s national policy to not partner with certain businesses, especially ones that may sexualize women.”

“It just doesn’t fall in line with who we are as an organization. There are too many survivors out there who no longer have the body part that is being displayed at a lot of these shows,” Kirby said.”

source: http://www.fox5vegas.com/story/23585295/breast-cancer-foundation-denies-donation-help

Meanwhile, the Komen Foundation also appears to be consistent in their distancing from sexualized breasts as they have no official partnership with the Save the Ta-Ta’s Foundation — a breast cancer research and for-profit organization which sells T-shirts like “Save a life; grope your wife.”

8. Teen girls criminalized for their consensual sexual relationships

In the state of Florida the age of sexual consent is 16. The problem is that the age of sexual exploration is much earlier than this. Given increased attention to the issue of child sexual abuse over the past couple of decades (a good thing), there have been many cases of older teenage partners now being defined as sex offenders, even if the relationship with consensual and non-violent (a bad thing). This is what appears to have happened to Kaitlyn Hunt, who was 18 when she entered into a sexual relationship with a girl four years her junior. The younger girl’s parents objected, and found that they could enforce their objections by law. Given the threat of going to prison and being a registered sex offender, Hunt chose a plea bargain, plead guilty to all charges and is now in jail. (Source: http://www.cnn.com/2013/10/02/justice/florida-gay-teen-kaitlyn-hunt-case/)

See also: http://theseattlelesbian.com/fl-teen-faces-felony-charges-for-same-sex-relationship/

7.  Russia instigates state-sponsored terrorism against sexual, ethnic, and artistic diversity (e.g.: gay people, labor migrants, and the punk rock band Pussy Riot).

In June of 2013, Putin signed into law an “anti-gay propaganda bill” which sought to punish individuals for “promoting” homosexuality. The law imposes fines for those members of society who “disseminate information at minors that are directed at forming nontraditional sexual setups” or which cause “distorted understandings” that gay and heterosexual relationships are “equivalent.”  (see http://www.huffingtonpost.com/huff-wires/20130630/eu-russia-gay-rights/)

AmericaBlog reported on these events by stating that “Russian President Vladimir Putin signed into law … one of the most draconian anti-gay laws on the planet.” (right up there with Uganda: see # 6 below).

“The new law, coming only seven months before Russia is to host the Winter Olympics in Sochi, would ban anything considered pro-gay, from gay-affirmative speech, to gays holding hands in public, to even wearing rainbow suspenders. The law also contains a provision permitting the government to arrest and detain gay, or pro-gay, foreigners for up to 14 days before they would then be expelled from the country. That provision ought to send chills to anyone gay, lesbians, bisexual or transgender who is planning to attend or participate in the Winter Olympics.” (see: http://americablog.com/2013/07/russia-olympics-sochi-gay-law-putin.html)

The Russian media is also under fire by Putin: One Russian news media outlet is now under investigation for reporting on a gay teacher who was recently fired for being gay (he was said to teach that gay relationships are equivalent to heterosexual relationships). The news coverage did not report negatively (enough) about the gay teacher. (see http://www.advocate.com/news/world-news/2013/11/14/russian-newspaper-accused-violating-gay-propaganda-law)

While the Putin regime is also instigating crackdowns on ethnic minority labor migrants in Moscow, there is an increased movement to oppose Putin’s politics both inside and outside of Russia. The recently released members of the Punk band, Pussy Riot — imprisoned for two years as punishment for their anti-Putin demonstration in an Orthodox Russian Church — have promised to be part of this ongoing movement for greater sexual and social justice in Russia. See: http://www.ft.com/cms/s/0/927f4516-6f0c-11e3-bc9e-00144feabdc0.html#axzz2pBljprat

6. U.S. preacher behind Uganda “kill the gays” efforts will be tried for crimes against humanity

Since 2009 we have been following the story about the connection between US conservative evangelical preachers and the push by some lawmakers in Uganda for strident and violent anti-gay laws. See our first post on this here:  

Despite widespread global opposition, a version of this bill passed on Dec. 20, 2013. However, the story continues to evolve with now Ugandan GLBT activists pushing for accountability for the U.S. religious leaders who stirred up this mess. In what is being called a “landmark decision” .. “a federal US judge (has) ruled that the case filed by a Ugandan LGBT advocacy group against American anti-gay evangelist Scott Lively, for his collaboration with religious and government officials in Uganda that lead to the introduction of the African nation’s “Kill the Gays” bill, will be allowed to proceed.”

“As reported in Gay Star News, Michael Ponsor, the US District Judge in Massachusetts, said “Widespread, systematic persecution of LGBTI people constitutes a crime against humanity that unquestionably violates international norms.” This marks the first ruling by a federal U.S. judge calling the persecution of LGBT persons a crime against humanity, possibly setting a precedent for the human rights of sexual minorities will be protected under international law.”

—

“The case against Lively stems from the evangelist’s 2009 lecture tour of Uganda, the theme of which according to its Ugandan organizer, was “the gay agenda – and the threat homosexuals posed to Bible-based values and the traditional African family.”

A 2010 article published in , The New York Times, wrote about on one of Lively’s speaking engagements in Uganda.”[T]housands of Ugandans, including police officers, teachers and national politicians,” reportedly attended the conference. Lively and his colleagues “discussed how to make gay people straight, how gay men often sodomized teenage boys and how ’the gay movement is an evil institution’ whose goal is ’to defeat the marriage-based society and replace it with a culture of sexual promiscuity.’” Lively wrote days later that “someone had likened their campaign to ’a nuclear bomb against the gay agenda in Uganda.’” (Source: http://www.edgeonthenet.com/?148277)

5. Regnerus’ anti-gay “study” condemned by the American Sociological Association 

The past year showed us not just that U.S. based anti-gay pastors have influenced the laws of other countries (see #4 above), but that flawed empirical studies conducted by credentialed researchers can also inflict malicious impacts. The most striking example of this can be seen with the case of Mark Regnerus, who has a Ph.D. in sociology and is an Associate Professor at University of Texas, Austin. In the words of John Becker from The Huffington Post:

“The study was widely discredited for its flawed methodology, its wildly inaccurate conclusions and its alleged partiality. Nonetheless, it has been breathlessly touted by the anti-gay right as evidence justifying their opposition to equal marriage rights for same-sex couples. Many of the Supreme Court briefs filed by equality opponents rely on the Regnerus study, but the American Sociological Association — Regnerus’ own professional organization — has just demolished those arguments.”

Indeed, given its serious flaws combined with the intent by anti-gay activists to use it to justify anti-gay discrimination, leaders of the American Sociological Association have roundly condemned Regnerus’ study, including but not limited to the 42 page Supreme Court brief in support of overturning the Defense of Marriage Act (DOMA).

Fortunately, law makers in the U.S. are also listening to the reasoning of the ASA as well as human rights activists to nip in the bud any ongoing legal influence of the Regnerus study. On November 12, 2013, we saw this news from a Florida judge:

In today’s opinion, Orange County Circuit Judge Donald Grincewicz ruled that emails and documents possessed by University of Central Florida (UCF) related to the flawed study’s peer-review process must be turned over to John Becker, who sought the documents under Florida’s Public Records Act. UCF houses the journal Social Science Research, which published the Regnerus study, and the editor of the journal, UCF Professor James Wright, led the peer-review process for the research. Becker is represented by the Law Office of Andrea Flynn Mogensen, P.A., and Barrett, Chapman & Ruta, P.A; and the Human Rights Campaign Foundation funded the litigation. (Source: Human Rights Campaign press release found at http://joemygod.blogspot.com/2013/11/florida-judge-orders-ucf-to-release.html)

While Regnerus’ study has been discredited by experts and law makers in the United States, other law makers with malicious anti-gay intent have and will continue to grasp at any “evidence” which supports anti-gay messages. For example, in Russia (see #6 above) the Regnerus study was presented to the Russian legislature and may have played a role in supporting Russia’s recent move to outlaw non-heterosexuality. See: http://www.bilerico.com/2013/08/anti-gay_regnerus_study_to_russia_with_love.php

4.  Transgender justice and visibility 

In 2013, many tuned into U.S.-based media and saw several stories featuring transgender individuals and issues. Perhaps the most visible faces were Chelsea (formerly: Bradley) Manning — a U.S. solider who was incarcerated for releasing war-related documents to Wikileaks; and Laverne Cox, one of the stars of the Netflix series hit centered in a women’s prison, Orange is the New Black.

The media attention on the real life and fictional stories of Manning and Cox inspired a press release from the Sylvia Rivera Law Project on “the realties for transgender and gender non-conforming people in prison, jails, and detention centers:”

“A significant amount of media fascination with transgender people in prison is about accessing surgery and focusing on the criminalized act underlying an individual’s sentence. Not only do transgender people in prison have problems accessing healthcare, but they experience a heightened level of gender policing.  The clothing they wear, their hairstyles and grooming practices, their bodies, mannerisms and identities are scrutinized and controlled by the state.  Any deviance from norms can lead to violence at the hands of corrections officers or other people who are incarcerated.  Legal “protections” are hard to access as there is little accountability on the inside.  If one is brave enough to risk retaliation and file a grievance, they must follow up with that grievance and timely appeal any denials.  It is not until those appeals (usually two) are denied that one can access the court system.  Finding a lawyer or representing one’s self pro se (without a lawyer) is another difficult barrier that one must overcome, as SRLP’s report IT’S WAR IN HERE has documented.”

Beyond high rates of incarceration, trangender individuals also face an alarming rate of violence and harassment in the US and worldwide and this intersects with race, class, and other social locations. According to a recent report from the National Coalition of Anti-Violence Programs, in the U.S., LGBTQ people of color experience 1.8 times the violence of white LGBTQ individuals. 73% of all LGBTQ homicide victims are people of color. Transgender people are 3 times more likely to experience police violence than non-transgender individuals, with transgender women experiencing the highest rates.

In one legal step toward transgender rights, in August 2013, Jerry Brown signed into law AB1266 that offered the right for individuals “to participate in sex-segregated programs, activities and facilities” (including bathrooms) based on their gender identity rather than by birth sex. Predictably, conservative groups and religious individuals immediately rallied in protest, creating a new “war on privacy rights.”  California Republicans support a referendum that is being prepared to overturn AB1266. While the law goes into effect on January 1, 2014 and the state plans to continue to issue same-sex marriage licenses, there could be enough signatures on Jan 8 against same-sex marriage to push the referendum process forward. We’ll be watching this case unfold in 2014.

3. The Papacy changes its guard

Despite the fact the the majority of the world is not Catholic, the Pope, as leader of the Worldwide Catholic Church, tends to have a lot of influence on sexual politics. (Recent church statistics indicate that 17.5% of the world’s population is Catholic). The Changing of Papal leadership was important in several ways, including the historic resignation of Pope Benedict XVI and the election of the left-leaning Pope Francis.

“Pope Francis faulted the Roman Catholic church for focusing too much on gays, abortion and contraception, saying the church has become “obsessed” with those issues to the detriment of its larger mission to be “home for all,” according to an extensive new interview published Thursday.

The church can share its views on homosexuality, abortion and other issues, but should not “interfere spiritually” with the lives of gays and lesbians, the Pope added in the interview, which was published in La Civilta Cattolica, a Rome-based Jesuit journal.

“We have to find a new balance, otherwise even the moral edifice of the church is likely to fall like a house of cards, losing the freshness and fragrance of the Gospel,” Francis said in the interview.

“The church has sometimes locked itself up in small things, in small-minded rules,” Francis said. “The people of God want pastors, not clergy acting like bureaucrats or government officials.” (source: http://www.huffingtonpost.com/2013/09/19/pope-francis-gay_n_3954776.html)

2. Utah finds itself in a pickle about its marriage politics.

Utah, a state founded by members of the Church of Latter Day Saints (Mormon) church, has long been a bit of an outsider compared to the rest of the nation; indeed it was only after leaders defined marriage as being between one man and one woman that it was accepted into statehood. This was after a long history of plural marriages:

In 1852 church leaders publicized the previously secret practice of plural marriage, a form of polygamy.^[52] Over the next 50 years many Mormons (between 20% and 30% of Mormon families)^[53] entered into plural marriages as a religious duty, with the number of plural marriages reaching a peak around 1860, and then declining through the rest of the century. (source: http://en.wikipedia.org/wiki/Mormons)

Given the need for the Mormon church to divorce itself from plural marriages it is likely that for Mormon leaders, the moral mantra of monogamous heterosexual marriage is likely undergirded by an ongoing quest for mainstream assimilation. Indeed the success of Proposition 8, the anti-gay marriage ballot proposition in the 2008 California elections, can largely be connected to money from the Mormon Church, which is headquartered in Salt Lake City Utah.  (See, for example the documentary 8: the Mormon Proposition.)

Thus, when in December, a federal judge struck down Utah’s anti-polygamy stance on the grounds that one cannot “prohibit cohabitation” mainstream Mormon religious leaders were not happy. The challenge to the law was brought by the Reality TV star Kody Brown who stars along with his four female partners (and 17 children) in the reality TV show “Sister Wives.” The Brown family successfully argued that the Utah cohabitation law violated their rights to privacy and to religious freedom.

Ironically, during the same month, Federal Officials also shot down Utah’s discrimination against same-sex marriage — thus striking down the original requirement by the Feds a century and a half earlier that Utah define marriage as a dyad between one man and one woman. U.S. District Court Judge Robert Shelby stated that the law to ban same-sex marriage conflicted with the U.S. Constitution which guarantees equal protection and due process. Thus even though 2/3 of the voters voted to ban same-sex marriage on a ballot in 2004, in 2013 Utah became the 18^th state in the United States (17 states and the District of Columbia) that allows same-sex couples to be legally married.

While same-sex couples flooded the county clerk’s office seeking to be married, movements to reverse both legal the Utah polygamy and same sex marriage decisions are underway. We’ll be following both stories as they progress in 2014.

1. Two victories for sex workers’ rights: Decriminalization of Prostitution in Canada, and the repeal of the Anti-Prostitution Pledge

Finally, we end with two major developments in support of global rights and justice for individuals who work in the sex trade.

The movement for decriminalization of prostitution (much like that of moves historically and currently against criminalization of homosexuality) — arises out of the work of a range of global human rights activists. And after years of work by Canadian activists, on December 20, 2013 prostitution was decriminalized in Canada.

“The Supreme Court of Canada has struck down the country’s major prostitution laws, saying that bans on street soliciting, brothels and people living off the avails of prostitution create severe dangers for vulnerable women and therefore violate Canadians’ basic values.

Chief Justice Beverley McLachlin, writing for a unanimous court, stressed that the ruling is not about whether prostitution should be legal or not, but about whether Parliament’s means of controlling it infringe the constitutional rights of prostitutes.” (source: http://www.theglobeandmail.com/news/national/supreme-court-rules-on-prostitution-laws/article16067485/)

This ruling comes on the heels of an important statement stemming from the United Nations in 2012 calling for decriminalization of prostitution in Asia. (See: http://www.voanews.com/content/un-reports-calls-for-decriminalization-of-prostitution-in-asia/1529473.html)

In a similar spirit, in June of 2013, the U.S. Supreme Court ruled against the Anti-Prostituion Pledge, stating that “it is a violation of the First Amendment for the federal government to force groups to endorse the government’s views opposing prostitution in order to receive funding to combat AIDS overseas.” (Source: http://apps.washingtonpost.com/g/page/politics/read-supreme-court-strikes-down-required-anti-prostitution-pledge-for-hiv-and-aids-workers/243/).  Finally! A brief breath of relief from global health workers and sex worker activists across the globe — but more work needs to be done as this ruling still only protects US-based organizations.

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Happy New Year from Sexuality & Society! Thanks to all the activists, scholars, and practitioners working towards sexual and social justice. May 2014 be filled with stories of hope and justice.

When the Obama administration took office on Jan. 1, 2009, many scientists and scholars were hopeful that empirical evidence would play a greater role in defining a range of domestic and international policies, ranging from justifications for war, to global warming, to sex education, to policies about human trafficking. The hope was that the administration would turn away from making decisions that were rooted in ideological agendas and make decisions that were informed more directly by reliable empirical data. To some extent, this has been the case. [E.G.: see the State Department’s (remarkable) response to evidence of human rights violations against people in the sex trade].

However, when it comes to directly criticizing the State Department about its international policies — even using solid empirical data —  it is probably inevitable that the State Department machine will kick into defense mode. And this is what is happening now in response to Rhacel Salazar Parreñas, a professor of sociology at the University of Southern California, for her book Illicit Flirtations: Labor, Migration, and Sex Trafficking in Tokyo which is based on her ethnographic research with bar hostesses in Tokyo. The State Department argues that women who are similar to those Parreñas included in her study need to be “rescued.” Parreñas’ research suggests otherwise, and adds to the mounting evidence which indicates that calls for “rescuing” adult women are simplistic, not based in reliable evidence, and are ultimately harmful to the women who allegedly “need” to be “rescued.”

Parreñas’ more complicated and empirically-grounded analysis puts a wet blanket on widespread popular discourse about “sex trafficking” — a “victim/rescue” narrative that many critical feminist, human rights, and labor scholars critique as a colonialist, patronizing, (ironically) sexualizing fantasy of White Knights swooping in to rescue helpless women. Parreñas’ work also provides yet another push to the State Department — and other all parties interested in alleviating human trafficking — to ground their approaches in rigorous data collection, as well as analysis that addresses labor and migrant rights in the context of global economic inequalities.

See below for Nina Ayoub’s story which briefly summarizes Parreñas’ findings and the State Department’s response:

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Scholar’s Views Rile State Department

November 10, 2011, 9:00 pm

By Nina Ayoub

The author of a new scholarly book from Stanford University Press has become the target of criticism from an unusual source: the U.S. Department of State.

In recent weeks, Rhacel Salazar Parreñas, a professor of sociology at the University of Southern California, has received media attention for Illicit Flirtations: Labor, Migration, and Sex Trafficking in Tokyo, a book about Filipina women working as bar hostesses in the Japanese capital. Bloomberg News ran excerpts of her work. She was called the “literary lovechild of Barbara Ehrenreich and Naomi Wolf” by Zócalo Public Square, which said the book will “inspire indignation for reasons you didn’t expect.” Parreñas also was interviewed onThe World, a program of Public Radio International. Following that broadcast, the State Department asked—essentially—for equal time.

The issue? Parreñas was highly critical of the ways in which State Department policies on international sex trafficking characterize the women who are the focus of her book, minimizing, she says, their individual agency as migrant laborers, and seeking to “rescue” them and regulate their lives in ways that Parreñas argues may leave them worse off.

On November 4, Alison Kiehl Friedman, deputy director of the State Department’s Office to Monitor and Combat Trafficking in Persons was interviewed on The World to “clarify U.S. policy on sex trafficking.” She told the host that “we agree with Dr. Parreñas that there is exploitation inherent in what is going on, and we agree that not all the people there are trafficking victims. And we agree that there needs to be more done to get unscrupulous labor recruiters out of the system and better protect migration flows. Where we disagree is that somebody can go in, have a personal experience for a couple of months, and categorically say these people weren’t sex-trafficking victims, and somehow calling some of them sex-trafficking victims is worse than ignoring their exploitation and trying to address it.”

In an e-mail interview, The Chronicle asked Parreñas for her response. Is she surprised at the public attention her research is getting from the State Department?

“As a scholar who is committed to ‘public sociology,’ that is, sociology that aims to transcend the academy and reach a wider audience, I couldn’t be anything but pleased that policy implementers have given attention to my work,” she writes. “Unfortunately, they seemed to have also misinterpreted the work.”

Parreñas adds: “I do wish that the U.S. State Department gave greater attention to the evidence-based research on human trafficking by scholars such as myself, and others including the anthropologist Denise Brennan, the legal scholar Dina Haynes, and the anthropologist Tiantian Zheng.” The department does not, she charges. Instead, they “insist on making unsubstantiated claims on human trafficking.”

What the sociologist is chiefly calling “unsubstantiated” is the Trafficking in Persons Report, which the State Department describes as its “principal diplomatic tool to engage foreign governments” on the subject. She is critical of the State Department, she says, for not fully accounting for its methods, as well as for its informants and sources. “The TIP Report would get an F if it were a  social-science-research project.”

Parreñas says she is fairly sure that her critics at the agency have not yet read her book. “Otherwise, they would not be able to dismiss my methodology as ‘having a personal experience for a couple of months.’” she writes. As a qualitative sociologist, she used a varied set of methods, including “in-depth interviews with hostesses, brokers, club owners; participant-observation both as a customer (in nine clubs) and as a hostess (in one club primarily); archival research; and interviews with government representatives in both Japan and the Philippines. I spent not just ‘a couple of months’ but a total of 11 non-continuous months in Tokyo to conduct my project.”

Unlike Friedman and the TIP Report, she says, “all the claims that I have made about the situation of hostesses—a group they say are ‘forced into prostitution’—are based on evidence, i.e., concrete interviews with migrant Filipina hostesses who I made sure represented a diverse group.” The women included “those who are college educated and those who are high-school dropouts; some work in high-end bars and others in low-end bars; some undress in the club where they work and others never sit next to a customer at a club when at work.”

Speaking on the radio of the Filipina hostesses, Friedman, the State Department official, used an analogy she said her boss was fond of. “I think that focusing on how they got there and whether there was any initial consent to travel is really beside the point,” she told The World. “It’s almost like criminalizing driving to the bank robbery, but not the bank robbery itself.”

In her e-mail to The Chronicle, Parreñas counters: “As I explicitly described in the interview, the work of hostesses is not prostitution. Instead, the work is to flirt professionally with customers.”

Friedman, notes Parreñas, “said we should not focus on how one gets to commit a robbery, but to focus on the robbery. This statement just goes to show that she chooses not to consider the circumstances of people’s lives and the particular needs that arise out of those circumstances.

In the case of hostesses, she says, “these women are often from the poorest of the poor in the Philippines. We cannot understand why they do hostess work unless we consider the structural contexts that have shaped their lives.” Those who prefer they not become hostesses, she says, should work on easing the structural inequalities that limited their choices and made hostess work the best of bad options.

“But let us say I agree with Friedman’s boss,” she adds. “Let us look at the act of bank robbery. Let us disregard how they got there. In this case, we would look at the act of hostess work. We would actually see that the work is not prostitution but professional flirtation. Professional flirting could be performed in a variety of ways—via showing acts of care such as spoon feeding sensually, dancing on stage (clothed or unclothed), singing, verbal teasing. I would ask Friedman—what is wrong with professional flirting? What is so different between professional flirting and working as a waitress in Hooters?”

“Yes, I would say let us look at the act of ‘bank robbery’ or the act of ‘hostess work.’ If we were going to do it accurately, we would actually rely on evidence to know the specifics of that ‘bank robbery.’ We would perhaps realize that the robber walked away with three pieces of mint candy from the bank and not wads of cash. If one looks at the TIP Report,one sees that the U.S. Department of State provides no evidence related to working conditions. So it is questionable if they know anything about the ‘bank robber.’”

Commenting on Friedman’s statement that “compelled service is frequently misidentified as consent,” Parreñas says that the official is “cloaking the problem of human trafficking. She is looking at the surface and not the structure.” Most migrant workers, she says, are not free laborers. They are often guest workers whose legal residency binds them to a sponsoring employer. This leaves them in a highly unequal relationship of dependency. This, she writes, would apply to farm workers in North Carolina, non-immigrant-visa domestic workers in Washington, D.C.; likewise, domestic workers in Singapore, or the kafala system in the United Arab Emirates, or au pairs in Denmark, or migrant teachers in Baltimore.

“Eminent scholars such as Carole Vance and Ann Jordan have expressed their puzzlement over the obsession of the U.S. State Department on sex workers as well as their conflation of sex trafficking and prostitution,” says Parreñas. She says that the department’s “over-obsession with finding ‘prostitutes’ who are ‘sex trafficked’” has led them to misidentify migrant Filipina hostesses. “Hostess work is not a euphemism for prostitution,” says Parreñas. Yet, she claims, the U.S. Department of State, “without evidence,” misidentifies the hostesses as not just prostitutes but women “forced into prostitution.”

This misidentification is a “setback,” she argues, “because it has eliminated the jobs of tens of thousands of women, many of whom are now living in poverty in the Philippines.” This shift, the book indicates, occurred when Japan changed its visa policies on “Filipina entertainers” in a way that conformed with U.S. preferences. The scholar also cites the research of her Ph.D. student Maria Hwang at Brown University, where Parreñas taught before going to the University of Southern California. Hwang has found a sizeable number of Filipina hostesses displaced from Tokyo working as migrant sex workers in Hong Kong. Hwang’s research, says Parreñas, shows us that “falsely rescuing them from prostitution has actually forced them into prostitution.”

Her student’s finding “tells us that it is very important that the U.S. Department of State only provide evidence-based research in their reports. Not having evidence-based research could backfire on them in more ways than one.”

Parreñas will continue her research on migrant labor. She says she is preparing a second edition of her 2001 book, Servants of Globalization: Women, Migration and Domestic Work (Stanford), which compared Filipina migrant domestic workers in Rome and Los Angeles. She is conducting new research in both cities to update their situations. She also has a new project that will compare the experiences of domestic workers whose legal residency in a country binds them to a citizen sponsor employer, meaning “that they cannot quit their job unless they are willing to be deported.” She will compare domestic workers in that situation in Denmark, the United Arab Emirates, and the United States.

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Original story posted here: http://chronicle.com/blogs/pageview/scholars-views-rile-state department/29694?sid=at&utm_source=at&utm_medium=en

See also human rights law professor Ann Jordan’s prolific scholarship on this issue, including her article here:  http://www.fpif.org/articles/sex_trafficking_the_abolitionist_fallacy

Other related Sexuality & Society stories:

• https://thesocietypages.org/sexuality/2009/11/01/signs-of-change-for-the-obamaclinton-state-dept-third-in-a-series-on-trafficking/
• https://thesocietypages.org/sexuality/2009/10/21/the-new-abolitionists-and-their-critics-second-in-a-series-on-anti-trafficking-efforts/
• https://thesocietypages.org/sexuality/2009/10/08/the-sexual-politics-of-anti-trafficking-efforts-first-in-a-series-on-sexual-trafficking/

Great news for advocates of sexual health, human rights, and social justice! See my story below (first posted March 15, 2011 at Ms Magazine Blog):

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Recently I blogged about how the United Nations’ Human Rights Council flagged sex worker rights in its periodic review of the United States’ human-rights record. Member state Uruguay recommended that the U.S. “ensure access to public services paying attention to the special vulnerability of sexual workers [sex workers] to violence and human rights abuses.”

Within four months of Uruguay’s recommendation to the U.S., and after a subsequent flurry of advocacy efforts by sex worker activists, researchers, and allies (including me), the State Department has released its response. To each of the 228 Universal Periodic Reviewrecommendations, the State Department replied in one of three ways: “fully support,” “partially support” or “do not support.”

In what is being heralded as a victory for sex workers’ rights, the State Department chose to “fully support” Uruguay’s recommendation, stating: “No one should face violence or discrimination in access to public services based on sexual orientation or their status as a person in prostitution.”

This simple statement marks a potential monumental shift in U.S. policy: a new recognition that anti-trafficking policy alone is not an adequate response to the human rights violations of all sex workers. There is mounting evidence that current anti-trafficking policy ignores (and even exacerbates)  human rights violations of adult, consensual sex workers and of people working under coercive or trafficked conditions.

Members of my group, Human Rights For All: Concerned Advocates for the Rights of Sex Workers and People in the Sex Trade (HRA) were ecstatic. “People in the sex trade have been marginalized and stigmatized when seeking public services, including through law enforcement. This is a big step forward to acknowledging sex workers’ human rights,” says Kelli Dorsey, Executive Director of Different Avenues, a group dedicated to reproductive justice by and for girls and women of color.

“We were long overdue for the United States to take the needs of sex workers seriously, particularly the need to stem violence and discrimination,” says attorney Sienna Baskin, Co -Director of the Sex Workers Project at the Urban Justice Center in New York.

On Friday, March 18, sex workers will stage demonstrations in cities across the country to celebrate the adoption of Recommendation #86. For further information on the demonstrations, as well as supporting documents, see the HRA website.

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Links:

• K. Lerum, March 15, 2011. For sex workers, recommendation 86 will go down in history. Ms Magazine Blog.
• K. Lerum. March 3, 2011. Human Rights for US Sex Workers now on Global Stage. Sexuality and Society.
• Human Rights for All: Concerned Advocates for the Rights of Sex Workers and People in the Sex Trade (HRA)

For the past few months, I have been honored to be part of a team of activists and researchers responding to developments involving the United Nations Human Rights Council, the US State Department, and matters concerning human rights abuses against sex workers. The team of which I am a part is one of many civil society groups invited to engage in dialogue with the State Department in response to the UN’s Universal Periodic Review of the human rights record of the United States. For this blog post, submitted on March 3 – International Sex Workers’ Rights Day – I will briefly share highlights of this unprecedented historic process.

The Universal Periodic Review is a relatively new procedure created by the United Nations Human Rights Council (which itself was only created in 2006). Over the past three years (beginning in 2008 and ending in 2011) the human rights record of all member states of the global community have been and/or will be reviewed by the United Nations Human Rights Council in Geneva, Switzerland. This past November (2010), it was the turn for the current human rights record of the United States (as well as 15 other UN member states) to be reviewed. Upon review of the US record, more than 200 recommendations were made to the Obama administration, including the following by member state Uruguay[i]: “undertake awareness-raising campaigns for combating stereotypes and violence against gays, lesbians, bisexuals and [transgender people], and ensure access to public services paying attention to the special vulnerability of [sex] workers to violence and human rights abuses.”

Since its review in November, the US State Department has engaged in meetings with civil society representatives to help inform its response to the 228 UN recommendations. (The entire list of recommendations to the US can be found here).

Uruguay’s recommendation has generated an exciting and productive dialogue among people concerned with the welfare of sex workers and people in the sex trade. This historic moment has also created a refreshing opportunity to discuss sex work BOTH as a human rights issue AND as an issue that cannot be adequately addressed by responses to sex trafficking alone.

Will the US administration recognize this UPR recommendation, and make concrete steps to improving human rights for all, including sex workers (meaning ALL sex workers, including adult consensual sex workers AND those who are exploited or trafficked)? We are hopeful that it will. Judging by the outpouring of support we have received from leading researchers and organizations — representing sexual and reproductive health, law, and criminal justice — we are far from alone in this hope. Several formal letters of support have been received, including from former Surgeon General Dr. Jocelyn Elders, the Center for Health and Gender Equity (CHANGE), and Change.org. Dozens of other researchers, experts, and organizations have given signatures of support including Human Rights Watch, Sexuality Information and Education Council (SIECUS), and Amnesty for Women.

These letters and signatures, along with other documents including a policy brief discussing violence against sex workers, have been submitted to the State Department for review. Below are segments of this policy brief (see end of post for list of authors and collaborators).

“In November 2010, the current human rights record of the United States was reviewed by the United Nations Human Rights Council. As part of this process, members of the U.N. made a series of recommendations toward improving human rights in the U.S. In recommendation #92.86, member state Uruguay called on the Obama Administration to “undertake awareness-raising campaigns for combating stereotypes and violence against gays, lesbians, bisexuals and [transgender people],[ii] and ensure access to public services paying attention to the special vulnerability of [sex] workers[iii] to violence and human rights abuses.”[iv]

“This recommendation from the global community highlights human rights issues that have gone unnoticed for too long. Sex workers—that is people who engage in sexual commerce for income and subsistence needs—are members of families and communities in all parts of the United States. Because of stigma and criminalization sex workers—and those profiled as such—are subjected to violence and discrimination, and are impeded from accessing critical services, such as healthcare, and the right to equal protection under the law. State agents themselves, specifically police officers, commit physical and sexual violence against sex workers. These abuses are particularly rampant in poor and working class, urban, majority African-American and immigrant communities and also greatly affect lesbian, bisexual and transgender (LGBT) people. Globally, the U.S. federal anti-prostitution policies, such as the “anti-prostitution pledge,” have had dire consequences for international HIV/AIDS efforts.

Our policy brief discusses and critiques three policy areas in need of improvement: 1) Federal policies that conflate sex work and trafficking, 2) Federal approaches to HIV/AIDS, and 3) Criminalization (including state level laws) and Policing. Below is our language on Federal policies that conflate sex work and trafficking:

“Some current federal policies are rooted in the misconception that sex work and human trafficking (a serious human rights abuse acknowledged by the U.S. Government under the Trafficking Victims Protection Act of 2000 and subsequent re-authorizations) are the same issue. This misconception, combined with pressure from some advocates seeking to use concern about human trafficking as a way of diverting resources into anti-prostitution campaigns, has had significant impact on efforts to provide the services and support needed by sex workers both within the United States and globally.

“Globally, the U.S. imposes the Anti-prostitution Loyalty Oath or the “anti-prostitution pledge” on groups funded by the President’s Emergency Plan for AIDS Relief (PEPFAR) to provide services internationally to address HIV/AIDS.[v] In order to receive funds organizations must adopt a policy indicating that they oppose prostitution and “sex trafficking.” This policy runs counter to documented best practices for HIV/AIDS interventions[vi] and have lead some groups to avoid offering any health and safety services for sex workers.[vii] [viii] As a result, the global and public health community has been virtually unanimous in its calls for revoking the anti-prostitution pledge. [ix] [x] [xi] [xii] [xiii] Two lawsuits against the U.S. government were filed on behalf of three U.S.-based NGOs engaged in HIV-prevention, leading to U.S. Court Judgments concluding that the “anti-prostitution pledge” is unconstitutional on the basis of violating the first amendment right to freedom of speech.[xiv] The Department of Justice has appealed both cases; the second case is still in court.[xv]

“Federal policies that conflate sex work and trafficking also impact sex workers’ human rights domestically. Federal funding and other resources intended to protect victims of trafficking have instead been used to arrest and incarcerate adult sex workers based on state laws. For example, ongoing federal taskforces aligned with regional and municipal law enforcement agencies, such as “Operation Cross Country,” use funds that are allocated for services for trafficking victims.[xvi] There is mounting evidence that anti-trafficking brothel raids of this kind place migrant sex workers and trafficked persons at greater risk of incarceration, deportation, and trauma.[xvii]”

After careful consultation with organizations run by and serving sex workers, as well as human rights activists and members of the State Department, we have made a number of recommendations to the US government. These recommendations, in their shortened version are the following:

The U.S. Federal Government can show progress in addressing human rights abuses against sex workers by a) accepting recommendation #92.86, and b) engaging in concrete, politically-feasible steps that can minimize human rights abuses including at a minimum:

1. Building capacity for states to address human rights violations through research and dialogue.
2. Modifying or eliminating existing federal policies that conflate sex work and human trafficking and prevent sex workers from accessing services such as healthcare, HIV prevention and support.
3. Investigating and preventing human rights abuses perpetrated by state agents, such as law enforcement officers.
4. Investigating the impact of criminalization, including state level criminal laws, on sex workers and other groups.

These recommendations, if approved and implemented, will address the needs of a population that disproportionately impacts low-income women, but will also serve a population that is extremely diverse in terms of sex, gender presentation, sexual orientation, race, class, and nation of origin. In the midst of numerous and devastating political assaults on women’s health care in the US, the movement for a human rights policy approach for sex workers and people engaged in sex trade work in the United States is a breath of hope. Stay tuned: the State Department is scheduled to release its response the the UPR recommendations soon.

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*Policy Brief Authors and collaborators:

• Kari Lerum, Ph.D., Associate Professor, Interdisciplinary Arts & Sciences, University of Washington, Bothell
• Penelope Saunders, Ph.D., Director, Best Practices Policy Project
• Dara Barlin, Board of Directors, Sex Worker Outreach Project USA
• Stephanie Wahab, PhD., Associate Professor, Department of Social Work, Portland State University
• Jayne Swift, M.A. Cultural Studies & Doctoral Candidate

In consultation with representatives from the following organizations:

• Best Practices Policy Project
• Bay Area Sex Worker Advocacy Network
• Desiree Alliance
• Different Avenues
• Helping Individual Prostitutes Survive (HIPS)
• Sex Worker Outreach Project (SWOP)
• Sex Workers Project at the Urban Justice Center
• St. James Infirmary
• Woodhull Freedom Foundation