Of vice and men: A new approach to eradicating sex trafficking by reducing male demand through educational programs and abolitionist legislation

Journal of Criminal Law and Criminology

Volumn 98, Issue 2, 2008, Pages 653-686

  Yen, Iris ^a  

^a NORTHWESTERN UNIVERSITY SCHOOL OF LAW   (United States)

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EID: 61349153720     PISSN: 00914169     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (270)

1. Peter Landesman, The Girls Next Door, N.Y. TIMES, Jan. 25, 2004, available at http://www.nytimes.com/2004/01/25/magazine/ 25SEXTRAFFIC.html.
2. Rosy Kandathil, Global Sex Trafficking and the Trafficking Victims Protection Act of 2000: Legislative Responses to the Problem of Modern Slavery, 12 MICH. J. GENDER & L. 87, 88 (2005).
3. Kara C. Ryf, Note, The First Modern Anti-Slavery Law: The Trafficking Victims Protection Act of 2000, 34 CASE W. RES. J. INT'L L. 45,47 (2002).
4. United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, G.A. Res. 55/25, U.N. GAOR, 55th Sess., Annex II, at Article 111(a), U.N. Doc. A/55/25 (2000) [hereinafter 2000 Trafficking Protocol], available at http://uncjin.org/Documents/ Conventions/dcatoc/final-documents-2/convention-%20traff-eng.pdf (emphasis added). Exploitation includes, but is not limited to, "prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or [similar] practices." Id. In contrast to previous protocols, the 2000 Protocol focuses on the exploitation element in trafficking, making the victim's consent to exploitation irrelevant. Id. Some commentators approve of the U.N.'s strategic decision to steer away from the victim's consent and instead focus on the exploitation element. See ANGELA BORTEL, ENDING TRAFFICKING IN WOMEN: A VICTIM-CENTERED APPROACH TO LEGISLATION (2001), available at http://www.prof.msu.ru/publ/book5/c5-3-1.htm (contending that the main feature of adopting a victim-centered law is the irrelevance of consent).
5. U.S. DEP'T OF STATE, THE LINK BETWEEN PROSTITUTION AND SEX TRAFFICKING 1 (2004), available at http://www.state.gov/documents/organization/38901. pdf [hereinafter PROSTITUTION AND SEX TRAFFICKING REPORT].
6. See Ryf, supra note 3, at 46 (noting that "trafficking in persons can take many forms, with the most prevalent and fastest growing [form] being the commerce of women and children for sexual exploitation").
7. Kandathil, supra note 2, at 88;
8. see 2000 Trafficking Protocol, supra note 4, at art. III(a) (defining trafficking in terms of exploitation of its victims).
9. See, e.g., Jennifer M. Chacón, Misery and Myopia: Understanding the Failures of U.S. Efforts to Stop Human Trafficking, 74 FORDHAM L. REV. 2977 (2006);
10. Susan W. Tiefenbrun, Sex Sells but Drugs Don't Talk: Trafficking of Women Sex Workers and an Economic Solution, 24 T. JEFFERSON L. REV. 161 (2002) [hereinafter Tiefenbrun, Sex Sells];
11. Susan W. Tiefenbrun, The Saga of Susannah: A U.S. Remedy for Sex Trafficking in Women: The Victims of Trafficking and Violence Protection Act of 2000, 2002 UTAH L. REV. 107 (2002) [hereinafter Tiefenbrun, Saga];
12. Theresa Barone, Note, The Trafficking Victims Protection Act of 2000: Defining the Problem and Creating a Solution, 17 TEMP. INT'L & COMP. L.J. 579 (2003);
13. Katrin Corrigan, Comment, Putting the Brakes on the Global Trafficking of Women for the Sex Trade: An Analysis of Existing Regulatory Schemes to Stop the Flow of Traffic, 25 FORDHAM INT'L L.J. 151 (2001);
14. Kathryn E. Nelson, Comment, Sex Trafficking and Forced Prostitution: Comprehensive New Legal Approaches, 24 HOUS. J. INT'L L. 551 (2002);
15. Ryf, supra note 3;
16. see also Mohamed Y. Mattar, Trafficking in Persons: An Annotated Legal Bibliography, 96 LAW LIBR. J. 669 (2004) (an annotated bibliography of articles related to human trafficking).
17. Mattar, supra note 8, at 671 (noting that "[a]though many articles on the topic [of trafficking in persons] have been published[,]... several areas have yet to receive adequate coverage. In my judgment, these areas include ℓ the issue of demand ...");
18. see DONNA M. HUGHES, BEST PRACTICES TO ADDRESS THE DEMAND SIDE OF TRAFFICKING 1-2 (2004), available at http://www.uri.edu/artsci/ wms/hughes/demand-sex-trafficking.pdf ("Over the past decade... efforts to combat trafficking have aimed to stop trafficking on the supply side .... In comparison, there have been few campaigns or efforts aimed at reducing the demand for victims.").
19. See HUGHES, supra note 9, at 2. Hughes believes "the movement to abolish trafficking and sexual exploitation needs a more comprehensive approach, one that includes analyses of the demand side of trafficking, and develops practices to combat the demand in receiving countries." Id.
20. See generally Tiefenbrun, Sex Sells, supra note 8 (contending that the problem of sex trafficking must be addressed from an economic perspective by increasing the cost of doing the business of sex trafficking and by decreasing the economic benefits of this lucrative industry). This Comment extends Tiefenbrun's argument to the male clients of prostitutes as well, in that the cost (e.g., incarceration, fines) of engaging in commercial sexual exploitation must outweigh the benefits (e.g., physical pleasure, "cheap" sex) in order to change the men's behavior.
21. Landesman, supra note 1. In discussing four Mexican girls who were trafficked: "They were sex slaves .... [T]hese girls weren't working for profit or a paycheck. They were captives to the traffickers and keepers who controlled their every move." Id.
22. DORCHEN LLEDHOLT, PROSTITUTION: A CONTEMPORARY FORM OF SLAVERY (2004), available at http://action.web.ca/home/catw/readingroom.shtml?x=16727. Liedholt defines slavery as "the domination and control by an individual or group over other individuals or groups through violence, the threat of violence, or a history of violence." Id. However, prostitution is different from "traditional forms of slave ownership in which the person enslaved was regarded as a capital investment, to be maintained and guarded over a long period of time" in that the owners of prostitutes often view the women as a "temporary, disposable commodity, to be consumed and discarded." Id.
23. Landesman, supra note 1.
24. Cynthia Sheperd Torg, Human Trafficking Enforcement in the United States, 14 TUL. J. INT'L & COMP. L. 503, 505 (2006).
25. See JANICE G. RAYMOND & DONNA M. HUGHES, SEX TRAFFICKING OF WOMEN IN THE UNITED STATES: INTERNATIONAL AND DOMESTIC TRENDS REPORT 15 (2001), available at http://www.ncjrs.gov/pdffilesl/nij/grants/187774.pdf.
26. See id. at 8. As an example, the economic collapse of Russia has resulted in a quarter of the Russian population living below the poverty level, and a surge in the number of trafficked women from Russia. Id. at 17-18. Despite the fact that 98% of the women are literate and many are highly trained professionals (e.g., doctors, professors, scientists, etc.), women account for two-thirds of those unemployed. Id. at 18. Driven by the economy, the collapse of Russian social services, market-based sex discrimination, and sexual harassment to leave Russia to seek jobs abroad, many women have unfortunately ended up in traffickers' networks and sold to strip clubs and escort services in the United States, primarily in the New York and New Jersey area. Id.
27. Traffickers use four primary strategies for obtaining victims: (1) offering false promises of seemingly legitimate job opportunities such as nannying or waitressing; (2) obtaining the victim's consent to work in the modeling, dancing, or sex industries but then forcing them to work in slave-like conditions; (3) kidnapping, drugging, or forcing consent through psychological coercion; and (4) purchasing women from family, husbands, or friends. Note, Remedying the Injustices of Human Trafficking Through Tort Law, 119 HARV. L. REV. 2574, 2576 (2006).
28. See VICTOR MALAREK, THE NATASHAS 9-13 (2003).
29. Kandathil, supra note 2, at 91-92.
30. Id. at 96.
31. U.S. DEP'T OF STATE, TRAFFICKING IN PERSONS REPORT 23 (2004), available at http://www.state.gov/documents/organization/34158.pdf [hereinafter 2004 TIP REPORT] (stating 14,500 to 17,500 people are trafficked into the United States every year). But see AMY O'NEILL RICHARD, U.S. DEP'T OF STATE, INTERNATIONAL TRAFFICKING IN WOMEN TO tHE UNITED STATES: A CONTEMPORARY MANIFESTATION OF SLAVERY AND ORGANIZED CRIME 3 (2000), available at http://stinet.dtic.mil/cgi-bin/GetTRDoc?AD=ADA380601&Location=U2&doc= GetTRDoc.pdf (estimating that 50,000 women and children are trafficked into the United States every year). Some estimate that the number could be as high as 100,000. Shelley Case Inglis, Expanding International and National Protections Against Trafficking for Forced Labor Using a Human Rights Framework, 7 BUFF. HUM. RTS. L. REV. 55, 71 (2001). The most recent 2007 Trafficking in Persons Report did not report the numbers of victims trafficked into the United States, but it did report that approximately 800,000 people are trafficked across national borders. U.S. DEP'T OF STATE, TRAFFICKING IN PERSONS REPORT 8 (2007),available at http://www.state.gov/documents/ organization/82902.pdf.
32. Note, supra note 18, at 2590.
33. Winston P. Nagan & Alvaro de Medeiros, Old Poison in New Bottles: Trafficking and the Extinction of Respect, 14 TUL. J. INT'L & COMP. L. 255, 256 (2006).
34. Tiefenbrun, Saga, supra note 8, at 140.
35. Tiefenbrun, Sex Sells, supra note 8, at 212.
36. Tiefenbrun, Saga, supra note 8, at 126.
37. DONNA M. HUGHES, THE DEMAND FOR VICTIMS OF SEX TRAFFICKING 12 (2005), http://www.uri.edu/artsci/wms/hughes/demand-for-victims.pdf.
38. MALAREK, supra note 19, at 57.
39. Norma Hotaling & Leslie Levitas-Martin, Increased Demand Resulting in the Flourishing Recruitment and Trafficking of Women and Girls: Related Child Sexual Abuse and Violence Against Women, 13 HASTINGS WOMEN'S L.J. 117,119 (2002).
40. Tiefenbrun, Sex Sells, supra note 8, at 199.
41. Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, 114 Stat. 1466, 1466-69 (2001) [hereinafter TVPA 2000].
42. Tiefenbrun, Sex Sells, supra note 8, at 215-16.
43. See Tiefenbrun, Saga, supra note 8, at 141.
44. See Tiefenbrun, Sex Sells, supra note 8, at 216.
45. See generally Symposium, Human Trafficking in the United States: Expanding the Victim Protection Beyond Prosecution Witnesses, 16 STAN. L. & POL'Y REV. 379, 398-406 (2005) (noting that many trafficking victims live in a continuous state of fear of threats to their bodies and lives, and consequently suffer from chronic traumatic stress that profoundly impacts their personality and emotional and mental well-being).
46. Nelson, supra note 8, at 555;
47. see Janice G. Raymond, Prostitution on Demand: Legalizing the Buyers as Sexual Consumers, 10 VIOLENCE AGAINST WOMEN 1156, 1170 (2004). Depending on the customers' or pimps' demand, women may have to service anywhere from ten to more than twenty customers each day. Id.
48. Developments in the Law-The Trafficking Victims Protection Act, 118 HARV. L. REV. 2180, 2185 (2005) [hereinafter Developments]. Some traffickers force victims to take drugs in order to debilitate them. MALAREK, supra note 19, at 19.
49. Raymond, supra note 37, at 1174-75. Some buyers like violent or sadistic sexual acts including slashing, burning, or whipping the women. Id.
50. Landesman, supra note 1.
51. See Symposium, supra note 36, at 382. Child victims in particular also suffer from myriad psychological, neurological, growth, and development problems. Id.
52. Id.
53. Id. Post-traumatic stress syndrome can have lifelong debilitating effects. Id. at 398-402.
54. Landesman, supra note 1.
55. See Anna Marie Gallagher, Triply Exploited: Female Victims of Trafficking Networks-Strategies for Pursuing Protection and Legal Status in Countries of Destination, 19 GEO. IMMIGR. L.J. 99, 99-100 (2004). Traffickers may exact retribution against women who are deported to their home countries or their families, as women who have returned to their hometown have been murdered in some cases. Id. In other cases, women who return to their home country are shunned by their community. See Vidyamali Samarasinghe, Confronting Globalization in Anti-Trafficking Strategies in Asia, 10 BROWN J. WORLD AFF. 91, 97 (2003) (noting that many cultures view prostitution as a "shameful and degenerate" occupation and assign blame to the victim).
56. See MORRISON TORREY & SARA DUBIN, CONFERENCE REPORT: DEMAND DYNAMICS: THE FORCES OF DEMAND IN GLOBAL SEX TRAFFICKING 60 (2003), available at http://www.law.depaul.edu/institutes-centers/ihrli/-downloads/demand-dynamics. pdf. Images from popular culture and the media that glamorize and romanticize prostitution, lap dancing, and stripping have influenced popular perception that "prostitution is a victimless crime." HUGHES, supra note 9, at 2-3.
57. Tiefenbrun, Saga, supra note 8, at 110.
58. See discussion infra Part III.A-B.
59. Nelson, supra note 8, at 569;
60. see also 2000 Trafficking Protocol, supra note 4. Sex trafficking is not a new problem; the International Agreement for the Suppression of White Slave Traffic was enacted in 1904 to prohibit the procurement of women and girls for immoral purposes abroad. Tiefenbrun, Sex Sells, supra note 8, at 145. For a brief overview of all the international anti-trafficking conventions that have been passed since 1904 (including their key provisions), see, for example, Tiefenbrun, Saga, supra note 8, at 144-56;
61. Corrigan, supra note 8, at 161-203;
62. Nelson, supra note 8, at 557-70. Unfortunately, the effectiveness of these conventions has been hampered by weak or non-existent enforcement mechanisms, ambiguous or undefined terms, lack of political will, and unrealistic or infeasible legal remedies. See Nelson, supra note 8, at 563-66.
63. Nelson, supra note 8, at 570.
64. 2000 Trafficking Protocol, supra note 4, at 2.
65. Nelson, supra note 8, at 570.
66. See 2000 Trafficking Protocol, art. 9, Provision 5, supra note 4, at 6-7 (emphasis added).
67. See Raymond, supra note 37, at 1157 ("[T]here is meager legislation that penalizes the male customer.... [T]he buyer has largely escaped examination, analysis, censure and penalty for his actions.").
68. Prosecutors typically used one or a combination of laws prohibiting involuntary servitude, such as the Thirteenth Amendment, labor laws under the Federal Fair Labor Standards Act, laws regulating organized crime under the Racketeer Influenced and Corrupt Organizations Act, civil rights laws, immigration laws, or laws regulating the sex industry. Corrigan, supra note 8, at 180-90.
69. The White-Slave Traffic Act (also known as the "Mann Act") was enacted in 1910 and became the first federal anti-trafficking statute to address the problem of interstate prostitution of white women. Id. The Mann Act punishes traffickers who coerce or knowingly transport an individual into prostitution in interstate or international commerce; convicted traffickers can be imprisoned a maximum of ten years. White-Slave Traffic (Mann) Act, ch. 395, 36 Stat. 825 (1910) (codified as 18 U.S.C. §§2421-2424(1994)).
70. Kandathil, supra note 2, at 96. Prosecutors disliked trafficking cases because the benefit of securing a conviction was grossly disproportionate to the cost of prosecution. Id. The cases tended to be very time-consuming and labor-intensive because they often involved many victims and the full-time devotion of numerous attorneys and prosecutors. Id. In addition, the ten-year statutory maximum penalty for convicted traffickers is disproportionately light compared to the maximum penalty of a life sentence for drug offenders; the lucrative profits and minimum legal risks and penalties have provided a perversely huge incentive for more criminals to get into sex trafficking. Tiefenbrun, Saga, supra note 8, at 159.
71. Developments, supra note 38, at 2188.
72. TVPA 2000, supra note 32, at 1466-69.
73. Id. § 106 (Prevention of Trafficking). These initiatives include (1) microcredit lending programs, training in business development, skills training, and job counseling; (2) programs to promote women's participation in economic decision-making; (3) programs to keep children, especially girls, in elementary and secondary schools, and to educate persons who have been victims of trafficking; (4) development of educational curricula regarding the dangers of trafficking; and (5) grants to nongovernmental organizations to accelerate and advance the political, economic, social, and educational roles and capacities of women in their countries. Id. § 106(a).
74. Id. § 112 (Strengthening Prosecution and Punishment of Traffickers). If the violation involved attempted or actual murder, kidnapping, aggravated sexual abuse, or a minor under fourteen years old, the new penalty allows for life imprisonment. Id.
75. Id. § 107 (Protection for Victims of Trafficking).
76. Id.
77. Scholars initially applauded the new law's tough penalties against traffickers and its attempt to protect the victims through provision of social services and special visas. See Tiefenbrun, Saga, supra note 8, at 165 ("This new law is tough on sex traffickers and generous to victims of trafficking."); Nelson, supra note 8, at 578 ("As a comprehensive approach, the Trafficking Act promises to seriously diminish sex trafficking.").
78. Chacón, supra note 8, at 3019-20.
79. See, e.g., id. at 2978 (claiming that there is almost universal consensus that the TVPA has failed to make sufficient strides in addressing the problem of human trafficking domestically and internationally).
80. Id. at 3019 (noting that the increased number of investigations, convictions, and T- visas are dwarfed by the magnitude of the problem, even if one believes the conservative estimate that 14,000 individuals are trafficked into the United States every year).
81. Id. at 3025. Chacón argues that the enforcement measure has been overemphasized while rehabilitative care for victims has been underemphasized. Id. For example, a victim of severe sex trafficking who is seeking a three-year legal residency through the T-visa must first comply with the reasonable request for assistance in the investigation or prosecution of acts of trafficking in person. TVPA 2000 § 107(e)(1). To obtain permanent legal residency status upon expiration of her T-visa, she must cooperate with law enforcement or demonstrate that she would suffer "unusual and severe harm." Id.
82. See Kandathil, supra note 2, at 111 (contending that the TVPA is neglecting an important dimension of the crime by failing to deal with the buyer-side of the crime and attach penalties to buyers).
83. Id.
84. Trafficking Victims Protection Reauthorization Act, Pub. L. No. 108-193, 117 Stat. 2875 (2003).
85. Id. § 4(a)(3).
86. Trafficking Victims Protection Reauthorization Act of 2005, Pub. L. No. 109-164, 119 Stat. 3558 (2005) [hereinafter TVPRA 2005].
87. Press Release, House of Representatives website, Rep. Smith's Trafficking Victims Protection Act to Become Law (Dec. 22, 2005), http://www.house.gov/ list/press/nj04-smith/prtraffickingsenatepassage.html (stating that "[f]or the first time, programs geared toward reducing the demand for commercial sex in the United States and preventing human trafficking of U.S. citizens within our own borders are authorized").
88. TVPRA 2005, supra note 72, § 204.
89. Id. §201.
90. See Raymond, supra note 37, at 1160 (citing that male demand is the most immediate and proximate cause of the expanding sex trafficking industry).
91. TORREY & DUBIN, supra note 46, at ix.
92. This Comment recognizes that sex worker unions and pro-prostitution organizations have made arguments in favor of prostitution as "chosen" profession, and that there are women who do voluntarily choose to be prostitutes. However, even porn stars and prostitutes who supposedly engage in the sex trade industry "voluntarily" and defend the practice are often abused and controlled by pimps or domineering husbands or forced by economic constraints to engage in the industry. Id. at 4. Worn down by abuse and degradation and fear of their pimps, many women finally submit to their fate and that submission is erroneously viewed as their "consent" or "choice" to engage in the industry. See id. at 4-5. Although interesting and important issues, the moral, legal, and economic arguments regarding prostitution as a chosen profession is beyond the scope of this Comment. For different perspectives on prostitution, see PROSTITUTION AND SEX TRAFFICKING: OPPOSING VIEWPOINTS SERIES (Louise Gerdes ed., 2006). This Comment does not consider all female prostitutes "victims" necessarily as it recognizes that some women voluntarily choose to be sex workers. However, this Comment maintains that forced prostitution as a result of sex trafficking is not defensible morally or legally.
93. HUGHES, supra note 9, at 24.
94. See Cory Rennell, Saving the Youngest Workers: The Struggle Against the Southeast Asian Sex Trade, 26 HARV, INT'L REV, (2004), available at http://www.harvardir.org/articles/ 1255/.
95. Id.
96. Id.
97. See BORTEL, supra note 4 (contending that male demands drive sex trafficking patterns, as sites of military conflict with heavy concentrations of male troops, such as Kosovo, are popular destinations for sex trafficking victims). In one study, a task force on sex trafficking found that 30% of international troops in the Balkans region had purchased sex acts from trafficked women and children. HUGHES, supra note 9, at 52. Similarly, the presence of U.S. military personnel in the Philippines and South Korea has "promote[d] and facilitate[d] the trafficking and exploitation of women." Id. at 55.
98. Traffickers often target women or girls with certain age, racial, ethnic, and language characteristics based on the market in which they operate. For example, many brothels in the United States cater to men of one type of ethnic or racial background. See HUGHES, supra note 28, at 24.
99. Melissa Farley, The Demand for Prostitution, Captive Daughters, http://www.captivedaughters.org/demanddynamics/demandforprostitution.htm (last visited June 13, 2008);
100. see also Michelle R. Adelman, International Sex Trafficking: Dismantling the Demand, 13 S. CAL. REV. L. & WOMEN'S STUD. 387, 402 (2004). Similarly, men's desire for more pliable and exotic women also contributes to more trafficked women or mail-order brides from Russia and Asia. Id.
101. See MALAREK, supra note 19, at 4-6.
102. Landesman, supra note 1;
103. see Sara K. Andrews, Comment, U.S. Domestic Prosecution of the American International Sex Tourist: Efforts to Protect Children from Sexual Exploitation, 94 J. CRIM. L. & CRIMINOLOGY 415, 422-23 (2004) (noting that the high demand in some cultures for sex with virgins-based on their youth, purity, and supposed lack of sexually transmitted diseases-has caused child prostitution to become more prevalent).
104. Landesman, supra note 1. In a five-country study, 22% of the interviewed men preferred girls aged eighteen or under. BRIDGET ANDERSON & JULIA O'CONNELL DAVIDSON, IS TRAFFICKING IN HUMAN BEINGS DEMAND DRIVEN?: A MULTI-COUNTY PILOT STUDY 19 (2003), AVAILABLE AT http://www.compas.ox.ac.uk/about/publications/bridget/anderson04.pdf?event= detail&id=2932.
105. TORREY & DUBIN, supra note 46, at 13.
106. ANDERSON & DAVIDSON, supra note 88, at 11.
107. Hotaling & Levitas-Martin, supra note 30, at 119. Stacey Antimone, Note, Sexual Trafficking: The United States' Response to a Growing International Problem, 24 SUFFOLK TRANSNAT'LL. REV. 149,154 (2000).
108. HUGHES, supra note 9, at ii.
109. Id. at 6.
110. Id. at 6-7 (noting that statistics may also vary widely by region-for example, British men seem to be on the low end within Europe, while the number is as high as 39% in Spain).
111. Id. at 7.
112. Raymond, supra note 37, at 1166.
113. See id. at 1157 (criticizing the justification that "men will be men," thus the male urge to purchase commercial sexual acts should be unquestioned and legitimized).
114. Samarasinghe, supra note 45, at 101.
115. Raymond, supra note 37, at 1157. Trafficking victims often incur legal punishment, such as arrest, imprisonment, and possible deportation, as well as the psychic consequences of becoming sick, drug-addicted, unemployed, unemployable, and filled with shame and fear.
116. Id.; see also Joyce Koo Dalrymple, Human Trafficking: Protecting Human Rights in the Trafficking Victims Protection Act, 25 B.C. THIRD WORLD L.J. 451, 472 (2005) (noting that too often governments have treated victims as criminals and let traffickers go free).
117. ANDERSON & DAVIDSON, supra note 88, at 58. For some men, the idea of buying sex from forced or coerced prostitutes is repulsive because having sex with a forced prostitute is a sexual turn-off. Id. at 25. It contradicts the men's fantasy that the prostitute loves him or enjoys the sex, and destroys the thin facade of emotional intimacy. Id.
118. Id. at 58. The reality is no man is born wishing to buy commercial sexual services, yet through suggestive and sophisticated marketing techniques by the commercial sex industry, men are induced to believe that it would be pleasurable or desirable to pay a stranger for sex. Id.
119. See HUGHES, supra note 28, at 24.
120. TORREY & DUBIN, supra note 46, at 56.
121. Id.
122. Id.
123. ANDERSON & DAVIDSON, supra note 88, at 17-18.
124. Id.
125. See John Bancroft, Biological Factors in Human Sexuality, 39 J. SEXUAL RES. 15 (2002) (stating that the human sexual experience is fundamentally tied to biological factors involved in sexual arousal and response).
126. MALAREK, supra note 19, at 79.
127. '' TORREY & DUBIN, supra note 46, at 23 (noting one scholar defined a "John" as a man "who believes he is entitled by virtue of his gender and money to have sex on demand");
128. see also MALAREK, supra note 19, at 79.
129. MALAREK, supra note 19, at 79.
130. TORREY & DUBIN, supra note 46, at 53.
131. Id.; see also MALAREK, supra note 19, at 79.
132. HUGHES, supra note 9, at 6.
133. TORREY & DUBIN, supra note 46, at 116.
134. Barbara C. Kryszko & Janice G. Raymond, Good Practices: Targeting the Demand for Prostitution and Trafficking Chart, http://action.web.ca/home/catw/ readingroom.shtml? x=71327 (last visited Nov. 11, 2006).
135. TORREY & DUBIN, supra note 46, at 107.
136. See Duncan Walker, Beer, Banter... and a Brothel (BBC television broadcast Oct. 3, 2006), available at http://news.bbc.co.Uk/l/ hi/uk/5360624.stm.
137. Id.
138. RAYMOND & HUGHES, supra note 16, at 69.
139. Id. Due to the ethnic diversity in the United States, customization of commercial sexual services based on ethnicity has proliferated. Brothels housing international women often cater to buyers from the women's ethnic communities. Id.
140. Id. at 70.
141. Id.
142. Id.
143. A study of 1342 men arrested for soliciting prostitution found that Johns have similar attitudes and misperceptions regarding prostitution and men's sexuality. See Noël Bridget Busch et al., Male Customers of Prostituted Women: Exploring Perceptions of Entitlement to Power and Control and Implications for Violent Behavior Toward Women, 8 VIOLENCE AGAINST WOMEN 1093, 1101-04. (2002). For example, Johns believe prostitution is not harmful and that prostitutes enjoy and choose their work. Id. at 1103.
144. TORREY & DUBIN supra note 46, at 33. In contrast to the myths that prostitutes choose to be prostituted and that they enjoy their profession, researchers who interviewed 475 prostitutes across five countries found that the vast majority of them, ranging from 88% to 99%, said they wanted to leave prostitution. Melissa Farley et al., Prostitution in Five Countries: Violence and Post-Traumatic Stress Disorder, 8 FEMINISM & PSYCHOL. 405 (1998), available at http://www.prostitutionresearch.com/fempsyl.html. In addition, 73% had been physically assaulted in prostitution. It is also a fallacy that prostitutes make a lot of money; in reality, they rarely keep any of the money as their pimps will generally confiscate all their earnings. TORREY & DUBIN, supra note 46, at 4.
145. Farley, supra note 85 (stating that Johns like to demand sexual acts where they have 100% control over what happens);
146. see also ANDERSON & DAVIDSON, supra note 88, at 24. One John stated that violence can ensue if the prostitute insists that the client uses condoms, and if there is violence, it is her fault. Id.
147. ANDERSON & DAVIDSON, supra note 88, at 24-25.
148. See HUGHES, supra note 9, at 14.
149. Id. at 18.
150. Id. at 15.
151. Id.
152. Id.
153. Id.
154. Id.
155. Id. at 13.
156. Id.
157. Id. In the same study, 22% of men had purchased sex up to four times; this is the occasional buyer group. Id.
158. Id. In one study, 86% of U.S. prostitutes endured physical violence by their buyers, 80% had experienced sexual assault, and 40% had been forced into sadistic sex. RAYMOND & HUGHES, supra note 16, at 75.
159. HUGHES, SUPRA NOTE 9, AT 14.
160. Id. habitual buyers constitute a disproportionate share of prostitution usage, and reducing their demand would have a more significant impact on reducing the overall supply of prostitutes.Id.
161. Id.
162. Id. AT 15.
163. Id.
164. Id.
165. TORREY & DUBIN, supra note 46, at 27. In reference to buyers who buy child prostitutes in foreign countries but would never do so in their home countries, two researchers commented: "It is depressing how malleable most people are in terms of their morality in any market, and how quickly they can adjust to the practices that before they would have considered exploitative, provided that no one stopped them and others appeared to be behaving similarly." ANDERSON & DAVIDSON, supra note 88, at 42. Other studies have found that the more often men purchased sex acts, the more likely they were to accept the idea that sex is a commodity. HUGHES, supra note 9, at 16. Even more troubling, the more the men thought sex was a legitimate commodity, the more likely they had attitudes that justified violence against women, such as believing in rape myths (e.g., women are responsible for rapes, invite rapes, and are not hurt by them). Id.
166. TORREY & DUBIN, supra note 46, at 27 (finding the research results were true of both male and female subjects). Pornography is often a stepping stone for trafficked women who eventually end up in prostitution. Id. Analyzing the effect of pornography on sex trafficking is beyond the scope of this Comment; however, an analysis of the effect of pornography on sex trafficking and prostitution can be found in Adelman, supra note 85, at 405-07.
167. See HUGHES, supra note 9, at 15.
168. See Raymond, supra note 37, at 1157.
169. HUGHES, supra note 9, at 9. Arguably, those with sexual addictions may be compelled to solicit prostitutes. However, relative to the trafficked and enslaved victim who is given the "choice" of engaging in prostitution or suffering torture/abuse by her pimp, the John has more freedom of choice. Moreover, as with any addition, the decision to fight and eliminate the addiction is ultimately up to the addicted person.
170. See TORREY & DUBIN, supra note 46, at 95. The co-founder of an educational/rehabilitation school for Johns noted that in her work with 6000 Johns, she has found that men will change their behavior if they are given the correct message backed by severe consequences and they believe they have a lot to lose if they engage in prostitution. Id.
171. Id. at 15.
172. Id.
173. See HUGHES, supra note 9, at 23. Even assuming a Utopian world where everyone had jobs and was financially secure, male demand for commercial sex would still result in the trafficking and prostitution of women and children. Id.
174. Raymond, supra note 37, at 1178-79.
175. Id. at1179.
176. Id. at1178.
177. Id. at 1179-80. The actual workshops with the young men began in March 2004. Id. at 1179. CATW Philippines intends to follow up with the men who have participated in the program for a period of five years. HUGHES, supra note 9, at 51. Based on the CATW website, this educational program appears to be ongoing in the Philippines, and a similar program has also been launched in Mexico. Coalition Against Trafficking in Women Home Page, http://www.catwinternational.Org/campaigns.phpurb (LAST VISITED FEB. 7, 2008).
178. Raymond, SUPRA note 37, AT 1180.
179. Id.
180. Id.
181. Id.
182. See Id. the catw organizers are cautiously optimistic about the results of the program. See Id. they are not suggesting that there was a mass conversion among the participants, but the male participants' feedback suggests that significant learning did occur and that consciousness-raising programs for men are an important tool in addressing the demand side. Id.
183. RAYMOND, SUPRA NOTE 37, AT 1180.
184. Id.
185. Hotaling & Amp; levitas-martin, Supra note 30, at 120. One of the co-founders of fopp is standing against global exploitation ("Sage"), An organization by and for survivors of abuse, prostitution and trauma. Id.
186. Id.
187. Id. AT 121.
188. Id.
189. Id.
190. Id. at 122. Most of the men are high sexual risk-takers in that
191. HUGHES, supra note 9, at 33.
192. Id. at 34.
193. See id. at 38-39.
194. Id. at 36.
195. See id. at 39. One FOPP participant remarked that when he learned what the women went through when they were young, his perspective changed as he realized that "they have feelings, too, like everyone else." Id. Another said he will never be able to solicit the services of a prostitute without remembering the pain in the voices of the former prostitutes. Id.
196. See Hotaling & Levitas-Martin, supra note 30, at 122.
197. Id.
198. HUGHES, supra note 9, at 40.
199. Id. at 39-40. In a survey conducted in the Toronto-based John School Diversion program, sex-trade veterans (also known as "habitual buyers"), defined as those who have bought sex acts five or more times in their life, made up 22% of the participants and they were significantly more likely to say they would continue to purchase sex acts. Id. In another study, 76% of habitual buyers said they would continue buying sex even after attending the John school.Id.
200. Id. at 29. Several U.S. cities have implemented a car confiscation program for arrested Johns. Id. at 29-30. In West Palm Beach for example, an arrested John must pay a $500 fee to retrieve his car. Id. at 29. He is then offered a plea agreement; if he successfully completes John school and testing for sexually transmitted diseases, his sixty-day jail sentence can be reduced to time served. Id. These innovative enforcement measures have been challenged in court on the basis that the state's seizure of a John's vehicle violated the Due Process Clause of the Fourteenth Amendment or the Takings Clause of the Fifth Amendment, but the Supreme Court has thus far upheld this practice. See Bennis v. Michigan, 517 U.S. 1163 (1996) (upholding the majority opinion which defended the state's right to deter illegal activity by abating the Bennis automobile, which was used by Mr. Bennis to have sex with a prostitute).
201. The Act is codified in 1997/98:55 (4) of the Violence Against Women Government Bill, which prohibits and penalizes the purchase of sexual services. See Janice G. Raymond, Ten Reasons for Not Legalizing Prostitution: And a Legal Response to the Demand for Prostitution, 2 J. TRAUMA PRACTICE 315 (2003), available at http://action.web.ca/home/catw/ attach/Ten%20Reasons%20for%20Not%20Legalizing%20Prostitution.pdf. The law stipulates that anyone who buys sexual services is subject to a fine or statutory maximum imprisonment of six months. Id.
202. See HUGHES, supra note 9, at 25-26 (noting that focusing on the "breach of women's integrity" is a novel legislative policy that reflects a sophisticated and progressive understanding of the effects of repeated violations against women's integrity).
203. See Raymond, supra note 183, at 10.
204. Id. at 10-11. Promoting the anti-trafficking campaign at high-profile events such as the Solvalla Racetrack or through a nationwide poster campaign have been noted as one of the "most inventive best practices" to raise public awareness about the new law. Id. Many racing fans often celebrate their winnings at a brothel, so in 2000, the Solvalla racetrack dedicated its first race of the evening to the campaign against prostitution and trafficking. Id.
205. HUGHES, supra note 9, at 26. Between 1999 and 2001, 249 men were charged under the Prohibition Act and seventy-seven were convicted. Id.
206. Id.
207. PROSTITUTION AND SEX TRAFFICKING REPORT, supra note 5, at 2.
208. Raymond, supra note 183, at 10.
209. Id.
210. Id.
211. HUGHES, supra note 9, at 27.
212. Id. at 26 (noting that the crackdown on street prostitution has made it necessary for pimps to escort the prostitutes to meet Johns in various apartments or other indoor premises).
213. Id. at 26-27.
214. Id.
215. See id. at 28. The author notes that the Swedish law and philosophy has positively influenced the attitudes of young people in the few years since the Prohibition Act has been in effect. Id.
216. SWEDISH MINISTRYOF INDUSTRY, EMPLOYMENT AND COMMUNICATIONS, PROSTITUTION AND TRAFFICKING IN WOMEN (2004), available at http://www.sweden.gov.se/content/l/ c6/01/87/74/6bc6c972.pdf [hereinafter SWEDISH PROSTITUTION AND TRAFFICKING IN WOMEN].
217. HUGHES, supra note 9, at 28.
218. Id. at 28.
219. Id. at 27 (noting that critics contend that the bill would only force prostitution to go underground, thereby subjecting women to more violence).
220. Samarasinghe, supra note 45, at 102. However, Sweden may have positively influenced its neighboring countries to adopt similar laws, as Finland passed a new law in October 2003 that criminalized the buying of sex services in public places. HUGHES, supra note 9, at 28. Previously, selling sex acts was illegal but purchasing them was not. Id.
221. Moises Nairn, Five Wars of Globalization, 18 AM. U. INT'L L. REV. 1, 16-17 (2002) (citing the war on trafficking as one of the five wars of globalization and noting that, as such, fighting it requires a global effort). Nairn holds that given the "global nature of these wars ℓ no government, regardless of its economic power, political influence, or military superiority, will make much progress acting alone." Id. at 15-16.
222. SWEDISH PROSTITUTION AND TRAFFICKING IN WOMEN, supra note 198.
223. MARY SULLIVAN, WHAT HAPPENS WHEN PROSTITUTION BECOMES WORK? AN UPDATE ON LEGALIZATION OF PROSTITUTION IN AUSTRALIA 3 (2005), available at http://action. web.ca/home/catw/attach/Sullivan-proof-01.pdf. In some ways, Victoria is a more interesting case study than the Netherlands (which only lifted the ban on prostitution in 2000) because one can assess the long-term impact of prostitution in Victoria. Prostitution in the Netherlands, Wikipedia, http://en.wikipedia.org/wiki/Prostitution-in-the-Netherlands.
224. SULLIVAN, supra note 205, at 3.
225. Id. Whether legalization has led to safer sex is also questionable. With increased competition from the expansion of the industry, prostitutes are finding themselves at a bargaining disadvantage. See id. at 18-23. Clients tend to be extremely demanding, and even legal prostitutes often find themselves consenting to sexual acts they do not want to perform, such as anal or unprotected sex, in order to get a booking. Id.
226. Id. at 4.
227. Id.
228. Id. at 14.
229. See id. at 15 (noting that, in a system of legalized prostitutes, trafficked women working in a licensed brothel are technically "legitimate workers" and police have little power to question them; even if their situation is revealed, the women are charged as illegal immigrants and deported back home immediately).
230. Id. Many recent cases of sexual slavery have involved legal brothels. In one case, a group of trafficked Thai women were indentured to pay off debts of 35,000 to 40,000 Australian dollars; they were required to work six to seven days each week, servicing up to 500 buyers. Id. They were kept imprisoned in a squalid hotel, windows barred and shuttered from outside view. Id. For all their work, they never received a dime. Id.
231. Tiefenbrun, Saga, supra note 8, at 147-48. Regulation of brothels marginalizes prostitutes and makes it virtually impossible for women to escape because they are viewed as deviants even by themselves.
232. Id.; see also TORREY & DUBIN, supra note 46, at 48 (reporting that former prostitutes are generally against legalization, believing that legislation will only serve as a shield for slavery).
233. See Raymond, supra note 183, at 9. Raymond argues that legalization of prostitution "sanitizes the reality of prostitution" (e.g., the harms of prostitution to women who were forced into the trade), and transforms pimps into "legitimate businessmen and ordinary entrepreneurs" whose dirty money suddenly becomes clean money. Id. Decriminalization also lures men who would formerly not have considered purchasing a prostitute into thinking that if the practice is legal, "it must be ok." Id.
234. SULLIVAN, supra note 205, at 5-6. In Victoria, sex-based industries are the financial equals of the top fifty publicly traded companies and are growing at 4.6% annually, higher than GDP. Id. at 5. Industry revenue has grown from A$1525 million in 1999 to A$1780 in 2004, representing a 17% increase. Id. The Australian government reaps significant tax revenues and licensing fees from the sex industry, which is a significant disincentive for the government to support any criminalization efforts. Id. See Adelman, supra note 85, at 407 (commenting that it is not a coincidence that a society which fosters sexual objectification of women is also one whose economy thrives on the legal commercial sex industry).
235. SULLIVAN, supra note 205, at 6. Legalization has enabled the sex industry to become more mainstream. See Raymond, supra note 37, at 1162-64.
236. See Raymond,supra note 183, at 3-4.
237. PROSTITUTION AND SEX TRAFFICKING REPORT, supra note 5, at 1. To cite other examples, the Netherlands and Germany are two countries where prostitution is legal, yet both have experienced higher rates of women illegally trafficked into the country for prostitution. Tiefenbrun, Saga, supra note 8, at 147;
238. see also Raymond, supra note 183, at 2 (noting that in the Netherlands, since lifting the ban on brothels, eight Dutch victim support organizations reported an increase in the number of trafficking victims. One report found that 80% of the women in the Netherlands brothels were trafficked from other countries, predominantly Central and Eastern Europe. Similarly, it was found that 75% of the prostitutes in Germany were poor women from South America; thus it is unlikely the women could have migrated to Germany on their own).
239. See Alex Y. Seita, The Role of Market Forces in Transactional Violence, 60 ALB. L. REV. 635, 640 (1997).
240. See HUGHES, supra note 9, at 1-2. The transnational flow of the global sex trade often starts in the sending countries where poverty, unemployment, or political instability often forces victims to seek work and opportunities in other countries. Id. at 1. There are actually three components of demand, all of which work together to support and promote sex trafficking. Id. at 2. The Johns who purchase sex acts are the primary actors and thus the primary component of demand. Id. The second component of demand are the profiteers- including the pimps, traffickers, brothel owners, and corrupt officials-who make money from sex trafficking and prostitution. Id. The third component of demand is the culture and media which indirectly creates a demand for victims by normalizing, romanticizing, or glamorizing prostitution. Id.
241. Developments, supra note 38, at 2185.
242. See generally U.S. DEP'T OF STATE, 2006 TRAFFICKING IN PERSONS REPORT (2006), available at http://www.state.gov/documents/organization/66086.pdf.
243. See HUGHES, supra note 9, at 1-2.
244. Raymond, supra note 37, at 1157.
245. HUGHES, supra note 9, at 51.
246. Car confiscations, public "outings" on local TV stations or the internet, or increased financial penalties or jail time are other measures that can be used to increase the costs of prostitution for the Johns. Id. at 29.
247. TORREY & DUBIN, supra note 46, at ix.
248. PROSTITUTION AND SEX TRAFFICKING REPORT, supra note 5.
249. See id.
250. SULLIVAN, supra note 205, at 4;
251. see, e.g., Raymond, supra note 37, at 1163. Legalization has engendered a culture of increased tolerance for prostitution in Victoria, which has had the effect of vastly increasing the demand and thus increasing sex trafficking as a steady flow of girls and women are need to fulfill the demand. SULLIVAN, supra note 205, at 4. Indeed, legalization of prostitution has only served to drastically increase the illegal sex trade; Victoria has an extensive illegal prostitution trade despite the fact that prostitution has been illegal since 1984. Id. at 13.
252. Raymond, supra note 37, at 1164;
253. see also supra note 220.
254. See HUGHES, supra note 9, at 31 -35.
255. Id. at 40.
256. Id. In addition to significantly lower recidivism rates, Johns who attended the schools were more likely to accept responsibility for their actions, more likely to admit they have a sex addiction, and less likely to report favorable attitudes towards prostitution. Id. at 39.
257. In June 2007, the State Department launched the second annual "Summer of Anti- Trafficking in Persons Movie" outreach program. Eric Green, State Department Offers Film Program on Trafficking in Persons, June 8, 2007, http://www.america.gov/st/washfileenglish/2007/June/ 20070608130830Xleneerg0.3753168.html. U.S. embassies and consulates worldwide arranged screenings of several films that vividly display the evils of trafficking in persons. Id. The Trafficking in Persons film outreach program received a "tremendous response" from foreign audiences and has been "very effective" at raising awareness of the trafficking issue. Id.
258. Raymond, supra note 183, at 10-11.
259. SWEDISH PROSTITUTION AND TRAFFICKING IN WOMEN, supra note 198, at 1.
260. Because Sweden is no longer considered a good market for trafficking, other markets such as Denmark, Germany, Holland, and Spain have become more attractive to traffickers. HUGHES,supra note 9, at 27.
261. MALAREK, supra note 19, at 5.
262. Based on her travels around the world, Secretary of State Condoleezza Rice has noted a greater desire by other countries to fight the trafficking problem and to protect its victims. Eric Green, Public Awareness of Human Trafficking Increasing, Rice Says, June 12, 2007, available at http://usinfo.state.gov/gi/global-issues/human-trafficking/human-trafficking- archive.html. She also noted that the United States is helping to lead a global movement "not just to confront this crime, but to abolish it." Id.
263. TORREY & DUBIN, supra note 46, at 15.
264. See Raymond, supra note 37, at 1157.
265. George W. Bush, U.S. President, Address to the United Nations General Assembly (Sept. 23, 2003) (transcript available at http://www.whitehouse.gov/ news/releases/2003/09/20030923-4.html).
266. Id.
267. Id.
268. Id.
269. See Landesman, supra note 1.
270. Id.