The National Report on Domestic Minor Sex Trafficking: America’s Prostituted Children 5The TVPA criminalizes human trafficking and defines the crime of “severe form of traffickingin persons” as:“1. Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or inwhich the person induced to perform such an act has not attained 18 years of age;2. The recruitment, harboring, transportation, provision, or obtaining of a person for laboror services, through the use of force, fraud, or coercion for the purpose of subjection toinvoluntary servitude, peonage, debt bondage, or slavery.”(Emphasis added.)The sex trafficking of children occurs when minors (under the age of 18) are commercially sexuallyexploited. The commercial aspect of the sexual exploitation act is critical to separating the crime oftrafficking from sexual assault, rape, or molestation crimes against children. The term “commercial sexact” is defined in the TVPA as the giving or receiving of anything of value (money, drugs, shelter, food,clothes, etc.) to any person in exchange for a sex act. Importantly, the money or item of value providedfor the sex act can be “given to or received by any person.” 6 This means that the child can be the directrecipient of the money, food, and/or shelter, and the situation is defined as sex trafficking and, mostimportantly, the child is defined as a victim of domestic minor sex trafficking. This issue arises frequentlyin cases of homeless youth engaging in “survival sex” to secure food, housing, transportation, and otheritems of survival. In the absence of a trafficker/pimp selling the youth, the perpetrator paying for the sexact with food, a bed, or a ride can become the trafficker.“I would sell myself for the smallest things and sometimes it was the most important things, like justto get a place to sleep at night.” 7— “Jessica,” Survivor of domestic minor sex traffickingUnder federal law trafficking, despite the connotations of the word, does not require proof of physicalmovement of the person. There are several ways to prove the trafficking crime, including proof of“recruitment, harboring, transportation, provision, obtaining or maintaining a person for sexualexploitation.” Notably, the transportation of a person is just one way to prove the human trafficking — itcan be proven by any of the other elements independently. Further, under federal law, prosecutors mustprove that the crime was “in or affecting interstate or foreign commerce.” Proving an affect on interstatecommerce does not require proof that the victim crossed state lines. Thus, a person can be a victim ofsex trafficking without ever leaving his/her home. The TVPA further outlines the requirements to provea “severe form of trafficking,” including proof of force, fraud, or coercion exercised by the trafficker inthe sex trafficking of an adult and proof of age in the sex trafficking of a minor under age 18. Of keyimportance to understanding domestic minor sex trafficking is the understanding that a child under 18years of age is automatically considered a victim of “severe forms of trafficking” due to the age alone.No proof of force, fraud, or coercion in the case of sex trafficking of a minor is required. Trafficking is acrime of exploitation.6TVPA, 22 USC 7101 §103(3).7Prostituted Children in the United States: Identifying and Responding to America’s Trafficked Youth, Seg. 2. Prod. SharedHope International and Onanon Productions. DVD. Washington, D.C.: Shared Hope International, 2008.
6Shared Hope InternationalThe TVPA goes on to establish a framework of rights that a victim of domestic minor sex trafficking isentitled to, including:• The right not to be detained in facilities inappropriate to their status as crime victims;• The right to receive necessary medical care and other assistance;• The right to be provided protection if a victim’s safety is at risk or if there is a danger of additionalharm by recapture of the victim by a trafficker. 8These rights are not being provided uniformly across the United States as first responders and juvenilejustice struggles to identify the victims and respond within a system ill-equipped to protect the victimsof domestic minor sex trafficking. When the victim of trafficking is a U.S. citizen or lawful permanentresident minor they often are placed in juvenile detention facilities or sent back to a home from whichthey are easily found and re-trafficked by their trafficker. In Clark County, Nevada (includes LasVegas), an entire court docket is scheduled one day each week to hear the cases of juveniles chargedwith prostitution; in 20 months, 226 juveniles from across the country were adjudicated by the court forprostitution/prostitution-related offenses committed in Las Vegas. In the first half of 2007, 12.8% ofthe females committed to Caliente Youth Center had been adjudicated for the offense of solicitation forprostitution, a misdemeanor offense. 9In Kansas City, Missouri law enforcement were pushed to utilize mental health holds to place victimsin a domestic minor sex trafficking case in a psychiatric unit as a means of preventing their return totheir trafficker. 10 This placement is not ideal and represents the lengths law enforcement must go to inthe absence of an appropriate, protective facility for the victims of domestic minor sex trafficking. Apreferable process with a similar outcome would be the use of a protective hold for the victims which8TVPA, 221 USC 7105 §107(c)(1)(a), (b), (c).9Kennedy, M. Alexis, Ph.D. and Nicole Joey Pucci, M.A. Domestic Minor Sex Trafficking Assessment Report — Las Vegas,Nevada (Shared Hope International: August 2007), pgs. 63, 132.10Wade, Kris. Domestic Minor Sex Trafficking Assessment Report — Independence, Missouri (Shared Hope International:April 2008), pg. 95.