New York magazine (yes, the same magazine Raee was complaining about last week; I read it in her kitchen yesterday while we were making hummus) has an article about a 13-year old prostitute, Lucilia, and the strange logic behind sex worker criminalization.
If Lucilia were a 13-year-old Chinese girl smuggled to New York and made to work in a Queens brothel, she would not be seen, in the eyes of the authorities, as a prostitute at all. She would be a sex slave, a victim of human trafficking, and if she had the good fortune to be discovered by the police, she would be given federal protection and shielded by the Trafficking Victims Protection Act of 2000. But she’s not.
In this city, a U.S. citizen like Lucilia is seen by the law as a prostitute. The federal law technically applies, but local law- enforcement follows state law. And according to state law, she is a victim, yes—of statutory rape, since the legal age of consent in New York is 17. But since the rapist paid money for the privilege, she’s also a criminal, subject to arrest, prosecution, and incarceration, no matter how young she is.
I think it’s a really good article. It’s absolutely ridiculous that a girl barely out of junior high can be prosecuted for prostitution, as if this was just some choice she made on her own — oh, you know, instead of going to math class today, I think I’m going to go sell my body on the street. That’ll be fun..
But the article doesn’t go far enough, because what it fails to point out is that most prostitutes — 13, 18, 43 — aren’t really in the business just because they love having sex with strangers so much, and, really, they were tired of the 9-to-5 grind anyway. People don’t become prostitutes — especially the kind that are out hooking on the corners and not in some high-price escort service, which I imagine account for most prostitution arrests (easier to find, etc.) — because they have a shit-ton of options. And criminalizing people for making the best choices that they can under their circumstances in order to support themselves is just wrong. Sadly, it seems our government is not even at the point where it can contemplate the decriminalization of 13-year-old prostitutes, let alone prostitutes as a whole:
Robert J. Flores is the head of the Office of Juvenile Justice and Delinquency Prevention at the Department of Justice. He is a former Manhattan A.D.A. who now administers the federal funds that fight the sex trafficking of minors in New York. “There’s a suggestion that this is a type of prostitution,” he says. “It’s not. It’s really the commercialized rape of our children.” Yet even he backs off from anything that looks like decriminalization. “We don’t want to see child prostitution legalized,” Flores continues. “The fact that this conduct remains illegal serves as a warning for everybody, including the teenagers, that they are doing something that’s wrong.
And we wouldn’t ever want to give up a chance at moralizing for policies that actually make sense….