By: Linda A. Smith Samantha Healy Vardaman Melissa A. Snow

The National Report on Domestic Minor Sex Trafficking: America’s Prostituted Children 13
These federal sentences surpass most state sentences for sexual servitude, commercial sexual exploitation,
human traffi cking, or other state laws under which a traffi cker of children could be charged. However,
the deterrence value of the TVPA’s heavy sentences is not being fully utilized as state law enforcement and
prosecutors continue to apply more familiar laws — commercial sexual exploitation of children (CSEC)
and other sexual abuse laws — many of which carry lesser penalties.
Nonetheless, the deterrence of the harsh sentencing guidelines may not be enough alone to overcome the
lucrative and low-risk nature of the crime. The sex traffi cking of American children is still considered by some
criminals to be low risk, as fi rst responders are not receiving the training and awareness needed to identify a
situation of sex traffi cking. As a result, a traffi cker of domestic minors is often not identifi ed as such or may
plead to lesser charges. Interviews with prosecutors revealed that child victim-friendly trial mechanisms, such as
using closed circuit television for testimony to avoid the in-court confrontation of a child and her traffi cker, are
not being utilized. One reason is tactical: prosecutors feel the jury will connect with the victim better if they see
her in person. In addition, the constitutionality of this mechanism is an open question in light of the decision
in Crawford v. Washington, a federal court decision holding that testimonial statements made outside of court
proceedings are not admissible unless the person who made the statement is unavailable for testimony at the
trial and the defense has had a prior opportunity to cross-examine the declarant. 33 One study done on child
sexual exploitation cases from 1998 to 2005 found prosecutors tended to plea bargain the CSEC cases to avoid
putting the child victim through the trial. While the plea bargain tendencies may be intended to protect the
child victim, some argue that this may also in fact not be benefi cial for the child victim who can be empowered
through the trial process if done with the proper support and counseling. 34
Further complicating the situation, when cases of domestic minor sex traffi cking are mislabeled as
prostitution of minors, then traditional state pimping and pandering laws are often used. These laws can
have signifi cantly lower punishments. For example, in Salt Lake City, plea deals with traffi ckers/pimps of
minors varied but the average length of a sentence was just six months. 35
Lastly, a recent study of federal prosecutions of commercial sexual exploitation of children cases across
the country from 1998 to 2005 disturbingly revealed nearly 60% of CSEC cases involving prostitution of
a minor presented to the U.S. Attorney’s Offi ces were declined for prosecution. Admittedly, the caseload
of federal prosecutors more than doubled in the eight-year timeframe of the study; however the 60%
declination rate is still high when compared to other federal offenses, such as drug traffi cking (15%
declined) and weapons charges (26% declined). 36 Though this number has been reportedly cut in recent
years with the increased involvement of several entities within the U.S. Department of Justice, state law
enforcement in most assessed locations reported frustration with investigating the cases of domestic minor
sex traffi cking which were subsequently declined.
33 Wade, Domestic Minor Sex Traffi cking Assessment Report — Independence, Missouri, pg. 55, citing Crawford v.
Washington, 541 U.S. 36 (2004).
34 Small, Kevonne and William Adams, Colleen Owens, Kevin Roland. “An Analysis of Federally Prosecuted Commercial
Sexual Exploitation of Children (CSEC) Cases since the Passage of the Victims of Traffi cking and Violence Protection Act
of 2000: Final Report” (Washington, DC: Urban Institute, February 2008), pg. 57.
35 Snow, Melissa. Domestic Minor Sex Traffi cking Assessment Report — Salt Lake City, Utah (Shared Hope International:
August 2008), pg. 79.
36 Small and Adams, Owens, Roland. “Final Report,” pg. 22.