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EACH YEAR, AN ESTIMATED 14,500 TO 17,500 FOREIGN NATIONALS ARE

TRAFFICKED INTO THE UNITED STATES. THE NUMBER OF U.S. CITIZENS TRAFFICKED

WITHIN THE COUNTRY EACH YEAR IS EVEN HIGHER, WITH AN ESTIMATED 200,000

AMERICAN CHILDREN AT RISK FOR TRAFFICKING INTO THE SEX INDUSTRY.

U.S. Department of Justice. 2004. Report to Congress from Attorney General John Ashcroft on U.S. Government Efforts to Combat Trafficking in Persons in Fiscal Year 2003. Washington, D.C.: U.S. Department of Justice.

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DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND In this issue Page SEXUAL EXPLOITATION: A Conversation between Prostitution and 3 Trafficking in Women Jan Miyasaki, Linda Morrison, Patti Seger, and (Excerpts) the Project Respect Editorial Advisory Board Dorchen Leidholdt I. Domestic Sex Trafficking n May 7, 2007, the directors of and Prostitution A UNITED APPROACH Wisconsin Coalition Against TO ENDING VIOLENCE Systems of Prostitution, 7 Domestic Violence, Wisconsin Coalition Against Sexual Assault, AGAINST WOMEN Jan Miyasaki Oand Project Respect met to discuss the This journal on human trafficking Child Victims of 11 intersections of their movements. The represents a small milestone: The Prostitution and Project Respect Editorial Advisory Board first time the Wisconsin Coalition Trafficking, Shira Phelps wrote and asked the questions during Against Domestic Violence this conversation. (WCADV) and the Wisconsin

Connections Between 13 Annette: briefly tell us about the history of Coalition Against Sexual Assault Child Sexual Abuse and your organization and the movement it is a (WCASA) have collaborated on a Prostitution, part of. publication. What we have found Tiffany Lodholz along the way is that working Linda: The Wisconsin Coalition Against together makes us stronger II. International Sex Sexual Assault (WCASA) was incorporated in advocates. We acknowledge that Trafficking and Prostitution 1985. It was put together by some local each of our respective issues, sexual assault programs and individuals who wanted the anti-sexual assault movement in domestic violence and sexual Sexual Violence: Weapon 15 Wisconsin to have an oversight body that assault, have some commonalities of War, Shira Phelps would do policy work in Wisconsin, be and some differences. Working in connected to what was going on at the collaboration is not new to The Mail Order Bride 21 national level, and raise money to infiltrate WCADV and WCASA: We have Industry; Human Rights into the local programs to help them get historically collaborated on Law (Excerpts) established and be able to provide services meeting and training events and Vanessa Brocato on the local level. Also, they wanted WCASA on policy efforts. But more and to be a resource to them, provide technical III. Legal Approaches assistance, increase organizing capacity, and more we have come to work with systems in the State as opposed to understand that as we promote Overview of Human 25 just locally. So there was this great vision models of collaboration and Trafficking Laws, that a larger group could do this on a coordination within our local Mike Murray systems level. programs, we must also embrace Prosecuting Sexual 27 collaboration for ourselves. This The sexual assault (SA) movement has not journal on human trafficking Assault, Eva Shiffrin been around as long as the domestic violence movement. The SA movement really represents for us a continued era Crime Victim 29 has come out of the feminist movement — of cooperation, mutual respect Compensation, the rights of women to establish themselves and support for each Jennifer Sennick-Celmer as individuals — and really also out of the organization’s work. We have Best Practices: 31 human rights movement. We see all of those different issues but share a pieces of humanity and the need to support Obtaining a Restraining common goal: ending violence. human rights issues – the intersections Collaboration makes WCADV Order, Christina Bokas, between anyplace where there is oppression, Kathryn Gapinski, & and WCASA stronger together Sheila Simhan (Continued on page 2) and as individual organizations.

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(Continued from page 1) (Respect) was founded. The original founders in this where there is violence, where there are control issues. community recognized and saw street level prostitution We see sexual assault as a part of that because those are and saw that the women involved were dealing with a the ground issues around sexual assault. bundle of issues – that they were battered women, that they were survivors of sexual assault – so they wanted to Patti: As Linda said, the domestic violence (DV) movement come up with a program that would help end the revolving is a little older than the SA movement. The DV movement door nature of prostitution. They formed the Taskforce on in the United States started in the mid/early ‘70’s. In Prostitution and Pornography. Members of that taskforce Wisconsin, the first shelter was built a little more than 30 were members of law years ago in 1976 in Kenosha. The Women and Children’s enforcement, judges, activists, Male abusers can Horizons in Kenosha was the first program in the state. the City Attorney and the Dane The Wisconsin Coalition Against Domestic Violence County District Attorney’s Office. act with impunity (formerly known as the Wisconsin Coalition Against Woman They founded Respect, which because they Abuse) was formed really early, right after a handful of DV was the first deferred know that women programs opened up. In 1978 we were formed by a prosecution program in the program out of Milwaukee, the Task Force on Family in prostitution will county – if women were not be believed or Violence. Wisconsin Coalition Against Domestic Violence arrested for prostitution or (WCADV) was created to be a state-wide presence, to work prostitution related charges, taken seriously by on the larger systems issues. Because the local programs they would be offered an the criminal themselves found that they were so tied up in the day-to- opportunity to participate in the justice system. day of serving all of the women and children that were Respect program and if they coming through the doors they didn’t have the time to take completed that, they would not Monica O’Connor and on the bigger issues and talk about or even think about the have to pay their fines or go to root causes of violence: power and control, domination, Grainne Healy, The jail. And so it was created in Link between oppression...they wanted an organization that would take 1981 as an outgrowth of the on those larger issues and really pursue social justice, Taskforce on Prostitution and Prostitution and Sex provide them with training and technical assistance, be an Pornography. It was located in Trafficking: A Briefing advocate for battered women and children at the State the City Attorney’s Office. In Handbook, 2006 Capitol with the legislature. 1985 it was moved into the community and ARC Community So the two coalitions function very similarly. The DV Services began to manage the program because of their movement in the early years was called the battered experience with women specific programming. It moved women’s movement—“domestic violence” has sort of de- into the community to encourage women to self-refer, so genderized, taken the “woman” out of it, but we know that they could come to Respect before they had even been the vast majority of victims of domestic abuse are women. arrested. Today, more women come to Respect by word of It was a charge that was really led by survivors of DV more than anybody. At the front and center of the DV movement mouth, by referring themselves. were battered women and their kids saying, “We’re not While Respect originates from the human rights going to take this anymore and we need to do something to movement, it has always been involved, I think, on the stop it.” margins of the women’s rights movement. The first Take Back the Night march and rally was held in 1978 in San Like the sexual assault movement, it is a really young Francisco, in a prostitution district. About 3,000 women movement. The first DV program in the world was founded came. Andrea Dworkin spoke at that first Take Back the in 1972 in England. The very first DV shelter in the US was Night, now almost 30 years ago, about the issue of formed in Duluth, MN and then Wisconsin quickly caught prostitution as violence against women. So we have on. We’re still very fresh and young. I like it that we can always had sisters in the women’s movement – I think now call ourselves a movement because I still feel that we are in the 21st Century, the issue of women in prostitution is moving, learning, growing, our capacity is expanding – we becoming more central to the women’s movement and our have been some places, and there are a lot of places we agendas are dovetailing – but I think we have always have yet to go. overlapped. Jan: Project Respect is part of the human rights movement. Donna: What do the sexual assault, domestic violence and As early as 1949, the United Nations had identified the sexual exploitation movements have in common? How do trafficking of persons for the purpose of prostitution as a they differ? What do you think is the largest challenge to violation of human dignity. Later, 1980 was the [UN designated] Decade of Women. In 1981, Project Respect (See CONVERSATION, page 6)

Human Trafficking: Sexual Exploitation, Prostitution, and Brokered Marriages Page 2

Excerpts from PROSTITUTION AND TRAFFICKING IN WOMEN

Dorchen A. Leidholdt tudies consistently Defining Prostitution and indicate that women Trafficking Convention criminalized the and children who he drafters of the United profit-making activities of local and are exploited in the global sex businesses without Slocal sex industry (i.e. not T Nations’ Convention for the Suppression of the Traffic in penalizing those exploited in trafficked) have Persons and of the Exploitation of prostitution. Had the Convention experienced similar Prostitution of Others (hereafter, been equipped with implementing economic deprivation, the “1949 Convention”) did not mechanisms that enforced its alongside a history of find it necessary to define provisions, it would have posed a sexual abuse. trafficking. They understood serious threat to sex industry Homelessness, trafficking to be a cross-border businesses. An international institutionalization and movement to abolish prostitution, practice of “the exploitation of the drug addiction are some prostitution of others” and drafted founded by Josephine Butler at the end of the Nineteenth Century was of the additional factors a treaty that addressed both human making them vulnerable rights violations equally. Together, still active in the 1980’s, and feminists speaking out against the to entry into prostitution. as they understood it, “trafficking in persons and the exploitation of sexual exploitation of women in Monica O’Connor and Grainne the prostitution of others” prostitution were beginning to join Healy, The Link between forces with the “abolitionists” to encompassed the activities of an Prostitution and Sex increasingly global sex industry strengthen the 1949 Convention and to pass and implement Trafficking: A Briefing whose activities were Handbook, 2006 “incompatible with the dignity and national and local laws consistent worth of the human with it (Barry, 1979, 1995). Media person” (Marcovich, 2002). In reports of the suffering of The old dichotomy of 1979, the drafters of the trafficking victims and the Madonna-whore was replaced by a Convention on the Elimination of increasing globalization of the sex new dichotomy: sex worker- All Forms of Discrimination industry were fueling support for a trafficked woman. In order to Against Women (CEDAW) campaign against the sex industry. defend prostitution as sex work, embraced the language of the 1949 Eager to ward off such a danger, trafficking was articulated as Convention, its Article 6 requiring pro-sex industry forces developed gender-neutral, with labor States Parties to “take all a strategy. trafficking and sex trafficking appropriate measures, including Ignoring or denying the harm collapsed under the same rubric as legislation, to suppress all forms of of the sex industry was not an “trafficking in persons.” traffic in women and exploitation option, for that harm was well Otherwise it would be too evident of prostitution of women.” documented. A more pragmatic that the ultimate harm of sex A perceived need to define approach was to focus on the most trafficking is the decidedly trafficking and to distinguish it brutal and extreme practices of the gendered condition in which the from prostitution came only much sex industry—transporting women trafficking victim is transported later in the 1980’s. The goal was to from poor countries to rich into—prostitution. “Prostitution” confine both the scope of countries using tactics of debt was stricken from the lexicon and domestic and international laws bondage and overt force—while replaced by “sex work.” Similarly, legitimizing its other activities in addressing the sex industry and (Continued on facing page) activism against it. The 1949 the name of worker’s rights.

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“pimp,” “procurer,” and “brothel industry were active participants, owner” were replaced by “business the arguments of the pro- ethods that enable owners” or ‘third-party managers.” prostitution lobby foundered, and one human being The old terminology suggested that the more inclusive and protective to enslave another the sex industry was exploitative or definition won (UN Protocol, 2000; are remarkably worse whereas, according to the Guide to the New UN Trafficking similar.M Methods of new understanding, it is about the Protocol, 2001). violence are: Systematic right of individuals to make money In contrast, that same year and repetitive infliction of as they choose. Indeed it is about Congress passed the Trafficking psychological trauma; the right to economic development. Victims Protection Act, whose organized techniques of Even “trafficking” was provisions governing the troublesome because it implied that disempowerment and penalization of traffickers and the disconnection; constant those who were trafficked were protection of victims were limited inducement of fear by victims. The term “trafficking” to cases of “severe trafficking,” began to be replaced with the more requiring proof that the trafficking inconsistent and neutral “migration.” Because there was carried out by force or deceit. unpredictable bursts of was a danger that the agents who Although such a restricted violence; threats to family profited from transporting women definition creates an often and others; convincing the might be stigmatized as common insurmountable burden for victim that the perpetrator traffickers the phrase, “facilitated prosecutors, who must establish is omnipotent and migration” was coined (Ditmore, beyond a reasonable doubt not only destroying the victim’s 1999; Doezma, 1999; Doezma, that the victim was trafficked but sense of autonomy. 2001; Network of Sexwork that she did not consent to it, the Projects, 2002). restricted definition prevailed. Two Monica O’Connor and Grainne The battle over definitions of years after its passage, only four Healy, The Link between trafficking came to a fore in the prosecutions had been brought Prostitution and Sex Trafficking: drafting of the Trafficking Protocol under the new law. A Briefing Handbook, 2006 to the proposed Transnational Convention Against Organized Prostitution or Trafficking in Crime. Many mainstream human Women? 2002). The brothels of the United States, Canada, the Netherlands, rights organizations, including the hat is the relation if any Germany, Austria, and Australia are International Human Rights Law between prostitution and W filled with women trafficked from Group and Human Rights Watch, sex trafficking? The truth is that Asia, Latin America, and Eastern influenced by the rhetoric of the what we call sex trafficking is Europe. No less than 50% of sex industry’s lobby, supported a nothing more or less than German prostitutes are illegal definition of trafficking that globalized prostitution. Sex immigrants and a staggering 80% of required proof of force and deceit. industry profiteers transport girls Dutch prostitutes are not Dutch- Explicitly feminist human rights and women across national and born (Owen, 2002; Louis, M., groups—most prominently the regional borders and “turn them 1999). The implications for the Coalition Against Trafficking in out” into prostitution in locations women’s rights movements in these Women, Equality Now, and the in which their victims are least able countries of the massive sexual European Women’s Lobby—called to resist and where there is the exploitation of poor immigrant for a definition of trafficking that greatest demand for them. The women, many trafficked, is included trafficking carried out by demand is greatest in countries with staggering, but the mainstream the abuse of a position of power or organized women’s movements, feminist response has, for the most a situation of vulnerability. In this where the status of women is high part, been one of indifference international context, where and there are relatively few local developing countries grappling with women available for commercial the devastation wrought by the sex sexual exploitation (D’ Cunha, (See PROSTITUTION AND TRAFFICKING, page 5)

Human Trafficking: Sexual Exploitation, Prostitution, and Brokered Marriages Page 4

(PROSTITUTION AND TRAFFICKING, continued Increasingly, the boundaries the isolation of the victims; their from page 4) between local prostitution and dependence on their abusers; their Conversely, what most people international sex trafficking are difficulty in accessing criminal refer to as “prostitution” can also be blurred. In 2001, the Kings County justice and social service systems; seen as domestic trafficking. District Attorney’s Office in New and their fear of exposure to the “Casual prostitution,” prostitution York City busted a prostitution ring authorities. But the dynamics of in which a woman with apparent run by Russian nationals living in trafficking and prostitution are the options enters of her own apparent the United States. The ring same dynamics, and their volition, accounts for only about recruited newly arrived Russian commonalities far overshadow their one percent of the women in the immigrant women, desperate for differences. In spite of efforts to sex industry, according to income, through ads in Russian differentiate and separate Davidson, 1998. The bulk of the language newspapers that falsely prostitution and trafficking, the sex industry involves pimps and promised lucrative work. Is this inescapable conclusion is that the other sex industry entrepreneurs prostitution or is it trafficking? difference between the two, at best, controlling women and girls, often Sex trafficking and prostitution is one of degree of, not of kind. by moving them from places in overlap in fundamental ways. Conclusion which they have family and friends Those targeted for commercial rostitution and sex into locations in which they have no sexual exploitation share key trafficking are the same systems of support (D’Cunha 1999, demographic characteristics: P human rights catastrophe, whether 2002). Movement is also essential poverty, youth, minority status in in local or global guise. Both are because customers demand novelty. the country of exploitation, histories part of a system of gender-based In the United States there are of abuse, and little family support. domination that makes violence national and regional sex industry Sex industry customers exploit against women and girls profitable circuits in which prostituted women trafficked and prostituted women to a mind-boggling extreme. Both and girls are rotated among cities, interchangeably, for the identical prey on women and girls made ensuring customers variety and sex purpose. (There is no specific vulnerable by poverty, industry entrepreneurs control demand for “trafficked” women – discrimination, and violence and (Raymond, J. and Hughes, D., any woman or girl will suffice.) The leaves them traumatized, sick, and 2000). sex industry businesses in which impoverished. Both reward trafficked and prostituted women predators sexually and financially, are exploited are often one and the omen who are strengthening both the demand and same, with trafficked and criminal operations that ensure the trying to leave domestically prostituted women supply. The concerted effort by the sex industry “working” side by side. Local some NGOs and governments to have the same brothels and strip clubs are usually Wneeds as battered disconnect trafficking from traffickers’ destinations and key to prostitution—to treat them as women. Many are their financial success. The injuries distinct and unrelated fleeing with the clothes that prostituted and trafficked phenomena—is nothing less than a on their backs with no women suffer are identical: post- deliberate political strategy aimed at traumatic stress disorder, severe money and no place to legitimizing the sex industry and depression, damage to reproductive go. This is compounded protecting its growth and systems, damage from sexual assault by the isolation known to profitability. Unless definitions, and beatings, and sexually all battered women and laws, and strategies clearly identify transmitted diseases (Raymond the stigma unique to and challenge all manifestations of 2001; Farley, 2002). prostitution. local and global sex industries, the Certainly international progress that we make on one front Coalition Against Trafficking trafficking intensifies the dynamics will be undone by our inaction on of power and control that in Women, 2006 the others. █ characterize domestic prostitution:

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(CONVERSATION, continued from page 2) DV and SA communities when dealing with prostitution? rostitution occurs within

Jan: I think what we have in common is that we are responding to multiple power relations of violence against women and violence against persons. domination, degradation, and subservience of the Linda: And we see them as power and control issues, as opposed Ppimp and trick over the prostitute: to the draw towards sex and desire. men over women, older over Patti: There is a big commonality in that we look at and approach younger, citizen over alien, these three issues from an anti-oppression framework where we moneyed over impoverished, think about it as someone oppressing someone else for their own personal gain—to gain power and control over another individual or violent over victimized, connected individuals. The differences are just slightly more distinct. Obviously over isolated, housed over in domestic violence, we’re talking about people who have a homeless, tolerated and respected relationship with one another – whatever the duration of that over despised. relationship, the power and control, domination and oppression occurs within the context of that relationship. And it is true that sexual assault and sexual exploitation can occur within the context of All forms of coercion and that relationship, but we also know that a perpetrator can be a vulnerabilities recognized under stranger. the Thirteenth Amendment are common in prostitution, and then Linda: When DV is present, it’s like peeling back an onion – for them to get to the sexual assault issue they need to first deal with some. No social institution the physical violation, the injuries, possibly hospitalization – they exceeds it in physical violence. It can’t get to the sexual violence piece until after clearing away this is common for those involved in stuff. So I think taking care of the sexual violence sometimes prostitution to be deprived of food requires getting through that first layer of immediate care of the and sleep and money, beaten, individual – and I think the domestic violence movement would join tortured, raped, and threatened us on that. with their lives, both as acts for Patti: That’s true. I have worked with literally thousands of women which the pimp is paid by other who have been battered, and sometimes the immediate concern is men and to keep the women in addressing serious physical injury, but a lot of women who have been battered don’t need that kind of medical intervention. I think the line. oppression of poverty is the greatest and most pressing need for women I have worked with – I don’t care what state they were in, Women in prostitution are subject how beat up, the woman would come into the shelter where I worked to near total domination. Much of and her first thought was “where am I going to go?”, “how am I going this is physical, but pimps also to feed my kids?”, “how am I going to get money?”, “how am I going to get myself to and from a job?”, “how am I going to get myself to develop to a high art forms of and from childcare?”—and those issues are so pressing and nonphysical force to subjugate the overwhelming, and if you think about it, in terms of sheer women’s will. Their techniques of survivability, you’ve got to have a place to stay, you’ve got to have a mind control often exploit skills way to get money. women have developed to survive

When I worked at the shelter with women who were involved in sexual abuse, such as denial, prostitution, what was hard was that some women would leave an dissociation, and multiplicity. abusive partner and see prostitution initially as a way to make cash. They also manipulate women’s But then depending on the circumstances of prostitution, whether or desires for respect and self-respect. not there was another man there controlling that aspect of their life – there was sort of a trade of one devil for another. At the end of the day it was clear to me that it was all about “how am I going to survive “Prostitution and Civil Rights” – in this world?”, “how am I going to survive for my kids?” Women with Prostitution Research and Education, 2006 kids will do anything to protect their children and that is the bottom (See CONVERSATION, page 10)

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PART I: DOMESTIC SEX TRAFFICKING AND PROSTITUTION

SYSTEMS OF PROSTITUTION Jan Miyasaki

n 1949, the United Nations declared in its PTSD due to physical attacks and sexual assaults Convention for the Suppression of Traffic in Persons resulting in serious injury (for example, gunshot and the Exploitation and Prostitution of Others wounds, knife wounds, and injuries from attempted I escapes). (Foley & Barkan, 1998) that “trafficking in persons for the purposes of prostitution is incompatible with the dignity and For many women, trauma began before entry worth of the human person”. Through the United into prostitution. In fact, prolonged and repeated Nations’ Decade of Women and with the adoption of trauma usually precedes entry into prostitution. the Convention on the Elimination of All Forms of (Farley & Balkan, 1998). Prior sexual abuse, Discrimination Against Women in 1980, there has been particularly when it has been sustained over time, as advancement in global recognition of women’s in incest, has already predisposed women, making human rights throughout the world. It was early in them vulnerable to other sexual exploitations and to that Decade, in 1981, those responding to violence not fighting back. (Barry, 1995). against women and those promoting human rights, along with law enforcement and other concerned Addressing the harm through best practices community members joined forces to found Project The women’s movement has progressed in RESPECT (Resources and Educational Services for creating consciousness about combating violence Prostitutes Effecting Change in Themselves) in against women. However, internationally and Madison, Wisconsin. Project RESPECT was among domestically, considerable confusion and a handful of groups in the United States, working contradiction remains in the area of responding to within the women’s movement to address the prostitution/sexual exploitation. The debate impact of prostitution on women’s lives at that time. features several polarizing positions. Some groups By 1990, the United Nations Report on the view prostitution as a choice – empowering and International Trafficking in Women concluded that lucrative. Other groups argue that prostitutes need prostitution is violence against women. In 1991, the to be pitied and rescued. Still others view women in United Nation’s Final Report: International Meeting of prostitution as perpetrators of crimes to be feared Experts on Sexual Exploitation, Violence and Prostitution, and punished. In order to provide effective victims’ said that a common context is shared by victims of services to women in prostitution, human service other forms of sexual violence and by prostituted providers, advocates, and law enforcement must women. It concluded that it is a fundamental understand the multiple needs and life contexts that human right to be free from sexual exploitation in all lead women in to the life of prostitution. They must of its forms — that it violates the rights of anyone, understand how the women view themselves. A female or male. Furthermore, the sexual woman in prostitution may not view herself as a exploitation of women through prostitution victim – but rather doing what it takes to get victimizes women both within and outside of through her life. They must understand the isolation prostitution. created by stigmatization, and how openly disclosing The United Nations most recent policy her involvement in prostitution to service providers statements have shown an evolution from classifying and law enforcement poses very real risks. prostitution as a present day form of slavery to a In prostitution, women experience tactics form of torture. A study of prostituted women in commonly practiced by domestic abusers including: the United States found that 68% met the criteria for (Continued on facing page) a diagnosis of PTSD, with 75% qualifying for partial

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physical, sexual, verbal, emotional and economic abuse which make it difficult for her ROVIDING SERVICES TO WOMEN IN to break free. She also deals with societal attitudes that regularly dissuade many sexual PROSTITUTION: BEST PRACTICES P assault victims from seeking justice. Did you 1. Build safety, trust and connection. say no? Why did you not fight back? She may Be non-judgmental: be supportive and caring; be dealing with guilt, shame, fear, and self- identify strengths; listen; and ask permission doubt. How do you assist her through the Offer facts process of trauma recovery, building a new life Explore pros and cons of current situation or obtaining justice? (The best practices Allow individual choice outlined in the next column, top right, are Emphasize strengthening ability to form and based on DiClemente’s Stages of Behavior maintain positive supportive relationships rather Change.) than isolation and separation to reduce the effects of disconnectedness created by past Systems of prostitution abusive relationships Follow through with commitments Increasingly, those fighting violence against women and those working toward the 2. Foster individual empowerment and create vision protection of human rights are rwomen’s that change is possible. bodies. (International Human Rights Law Be motivational Institute, ecognizing that demand drives the Offer a range of options and assist with trade in DePaul University, 2002) Systems of weighing options prostitution were once described in “supply” Ask questions that give insight into problems terms, but more and more today they are Ask what is her source of strength? being viewed in “demand” terms. What do we Challenge existing attitudes and behavior know about the people who make up the Teach new coping skills “demand” side of prostitution? Expand world-view to facilitate innovation in life Help make decision to leave harmful situations According to Joe Parker, in “How Prostitution Works” (Not for Sale: Feminists 3. Develop change plan and provide hope that change Resisting Prostitution and Pornography, 2004, is possible. eds. Whisnant & Stark), systems of Assist with safety planning prostitution include the “user”. He is the Describe the change process and services person who solicits women off the streets and available into his car, or at bars, or uses them in Connect to essential community services massage parlors, brothels, hotels or strip clubs. including: health care, legal assistance, Users may approach women at work, school, housing, family support, victim services and trauma support, substance abuse recovery, church or other everyday settings. “He feels vocational/educational services entitled to whatever he wants, whenever he Honor the past wants it. He would deny intent to harm anyone. He does not care if the person is 4. Assist with reconnection. unusually vulnerable. He feels that the fee he Maintain relationship pays covers any damages. He sees himself as a Engage in group support respectable person, and works to protect that Provide encouragement and support through appearance.” There is the “sadist.” “This is restorative systems the person who takes pleasure in another Provide advocacy and assist with lowering person’s fear, pain or humiliation.” The sadist barriers to essential community service could be found on the street, through an —Based on DiClemente’s Stages of Behavior Change (See SYSTEMS, page 9)

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(SYSTEMS, continued from page 8) arrested for buying sex about the impact of their behavior on women and the community. escorting out-call, in a drug house, or at home. Finally, Laurie Bell, editor of Good Girls-Bad There is also the profiteer or “pimp.” According to Girls: feminists and sex-trade workers face to face, a Parker, there are media pimps who sell sexual book born out of a landmark conference that fantasies through magazines and movies. There are brought feminists and sex trade workers together, business-level pimps that extract profits from the wrote in 1987 that women’s advocates must pay sex industry with minimal criminal exposure through attention to the issues and needs of survivors of “adult” businesses. There are street-level pimps prostitution, must move beyond the identified who are the foot soldiers of the sex industry. They feminist community to initiate and maintain a avoid identifying themselves as pimps, except to relationship with women working in the sex trade, other pimps. and must participate in policy making. Bell says the well-being of the feminist movement and the lives of Addressing the harm through public policy many women depend on it. Twenty years later this What can government do to address the remains true. █ “supply-side” of prostitution? The US “Trafficking Victims Protection Act”, addresses domestic and international trafficking for the purposes of prostitution. It protects citizens and non-citizens. It PROJECT RESPECT recognizes both the overt and covert acts of force, fraud and coercion. It emphasizes the prevention, Project RESPECT, a project of ARC protection of victims and prosecution of traffickers. Community Services, Inc., is a This is progress, but it is not enough. woman’s center that provides advocacy, alternatives to incarceration services, According to Shulamith Firestone in her case management, counseling, crisis groundbreaking work, The Dialectic of Sex (1970), intervention, transitional housing and “sex class is so deep as to be invisible, or it may peer support group services for women appear as a superficial inequality, one that can be with prostitution histories that have solved by merely a few reforms…in truth profound changed or want to change their lives. fundamental change must occur that can’t be easily Project Respect provides a safe and non- fitted into traditional critique or thought.” Such a judgmental place to meet and talk with revolutionary change occurred in 1999 when the other women with similar life Swedish Parliament passed a law that only experiences. Respect assists women to criminalized the buying of sexual practices.” have increased options available to them Gunilla Ekberg, Special Advisor on issues of and reach their goals. Women served prostitution and trafficking in women at the Swedish include: survivors or domestic violence, Division for Gender Equality, says that a “root- sexual assault, childhood sexual abuse, cause” discussion is needed. Ekberg says women with chemical dependency and prostitution is the oldest profession in the world if vocational issues. men regard it as their self-evident right to purchase and sexually exploit women. Furthermore, says Project Respect cannot end prostitution. Ekberg, programs for exiting from prostitution, and Prostitution is a community issue that for educating law enforcers are needed. In 2006, requires a broad community response. Project RESPECT, the Dane County District Ending prostitution must be included in Attorney’s Office and the Madison Police our community discussion to end all Department initiated the first “John School” forms of violence against women. deferred prosecution program to educate those

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(CONVERSATION, Continued from page 6) line. So the choices women made had little to do with themselves and more to do omen and with how to feed, clothe and shelter their kids. girls are seen Linda: There are fewer and fewer services to turn to for these basic resources. The as actively women come in and set aside anything that has happened to them because they are choosing “sex focused on immediate needs. An advocate might be trying to talk to a woman about work”W as legitimate what has happened to her, and all the woman has been trying to say for the last 20 minutes is, “I don’t have formula for my baby, what am I going to do?” And the work. The reality that advocate realizes, how can I keep asking her about what has happened to her when the act of being what’s happening right now is she doesn’t have formula and doesn’t know what she is going to do? There are not resources available out there to supply that. prostituted is sexually exploitive in itself, Patti: It’s true, the abuse is secondary, it comes out eventually or some women come in and out of a battered women’s shelter and never talk about it – they don’t want to regardless of the go there. They want a leg up, they want some one to help them get where they need alleged or actual degree to go and get the services they need. of power, control or

Jan: I think that what the sexual exploitation, sexual assault and domestic violence safety women can movements have in common is that many women, by the time they are involved in exercise in different prostitution, have experienced prolonged and repeated sexual assault or abuse – and then inside of prostitution they will be repeatedly subjected to sexual assaults situations and at and also face domestic violence. (They face) DV at the hands of their partners, and different times in their also at the hands of regular tricks and others who benefit from their prostitution. lives, is erased. There And so women in prostitution often replicate the other kinds of abuse in some shape or form that have happened throughout the course of their lives—not for everyone, are different degrees, but that is often the case. levels and context of

It is important to think about the ways we are similar in terms of systemic change. coercion, abuse and One of my favorite quotes is by Andrea Dworkin, who says, “it’s not about placing violence perpetrated your personal sexual life under the scrutiny of anybody else’s politics, it’s about against any woman or moving from a world in which the dominant ethic is hierarchy and domination and moving from that world into a world of equality.” child at any particular time, which is critical to When you talk about prostitution being part of this underground economy, it just magnifies all of the dangers. And then when you talk about the reduction in services the individual person. and the increased need, it makes the value of a sexual act worth less. It reduces a But all woman who are woman’s negotiating power that she might have in prostitution. So I would say, just in the sex industry are generally speaking, prostitution, street level prostitution, and other systems as well, are becoming increasingly more dangerous because people are more desperate. I violated and sexually think poverty is definitely making street prostitution more dangerous. exploited. The sex

Patti: And I think nothing will impoverish you faster than being a victim of domestic industry is an violence and sexual assault. The choices left for victims are very limited. inherently unsafe and

Linda: And I think of that desperation—I am just amazed at their abilities and their dangerous courage to be able to do that all the time and keep surviving. environment.

Jan: I think Patti was speaking to the unique barriers a survivor of prostitution faces. She may have a substance abuse issue that is creating problems for her to be able Monica O’Connor and to take the necessary steps she needs to leave an abuser. She may distrust law Grainne Healy, The Link enforcement, the people you go to when you finally are able to escape your abuser. between Prostitution and Sex She may have had negative experiences with service providers and so she is reluctant to trust people. She may personally view herself not as a victim, and Trafficking: A Briefing because of that, she may think the services are not for her. That may impact her Handbook, 2006 (See CONVERSATION, page 24)

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Child Victims of Prostitution and Trafficking Shira Phelps Prostitution is tolerated, rather accepted as a necessary social evil, an inevitable and integral part of civilization…Public opinion is that prostitutes are not victims of society’s apathy but that only morally loose women get into this profession. This, however, is untrue. 1

Zeroing-In: Child Sexual Exploitation In the US, the typical customer of an adolescent or Internationally and in Our Community child prostitute is a middle-aged, white, affluent male living in suburbia. Typically, he has a good job, a According to UNICEF’s State of the World’s Children wife and children.5 The demand for prostituted 2006: Excluded and Invisible, nearly two million children children is increasing, as men feel safer from AIDS are used in the sex trade worldwide. with younger girls. Although both buyer and seller are guilty under the Trafficking in persons, including n Wisconsin, children, is a modern form of law, social acceptance of the sexual slavery. International estimates there were 40,473 double standard results in the selective indicate at least 1.2 million children child enforcement of the laws and male are trafficked globally each year. An maltreatment customers only constitute 10% of 6 estimated 18,000 to 20,000 people Ireports in 2003: 16,357 prostitution arrests. are trafficked into the United States neglect, 11,723 Between 75 and 95% of prostituted each year to be used for forced people were sexually abused as labor and sexual exploitation.2 physical abuse, and 7,812 sexual abuse. children. In addition, 65-75% of street In the US alone, 300,000 to 600,000 prostituted women are victims of long- children are involved in The majority of term incest. Many involved in prostitution3, and 500,000 children victims of neglect and prostitution are high school drop-outs, run away or are “thrown away” physical abuse were come from poor and abusive homes, annually in the US, according to the boys. Girl victims of move from place to place and are National Center for Missing and sexual abuse out addicted to alcohol or drugs. Eighty- Exploited Children. In the US, 12 five percent (85%) of prostituted million children live in families with numbered boys three people in the US are addicted to crack, incomes below the federal poverty to one. heroin, prescription drugs, or alcohol; level. Five million children live in 92% of women involved in prostitution families with incomes of less than Child Abuse and Neglect said they wanted to leave prostitution, half the poverty level. Thirty-three Report, 2003 but couldn’t because they lacked basic percent of black children live in necessities such as housing, job poor families; 28% of Latino training, health care, counseling and children live in poor families; 10% of white children treatment for drug or alcohol addiction. Females in live in poor families. Although black and Latino prostitution have a mortality rate 40 times higher than children are disproportionately likely to be poor, the national average.7 white children comprise the largest group–35%–of (Continued on facing page) children living in poor families.4

1 Sexual Exploitation of Children, United Nations, 1996, p2 2 UNICEF, 2005 Contact Colleen Cox at WCADV ([email protected] or 3 Coalition Against Trafficking of Women (CATW), 1997 608/255-0539) for a complete bibliography of sources used 4 National Center for Children in Poverty, 2005 5 Clayton, 1996 to produce this article. 6 CATW, 1997 7CATW, 1997 Page 11 October 2007 • WCASA • WCADV • Connections • Educational Journal

Vulnerable Children exual exploitation of children may be Poverty plays a significant role in exploiting defined as the “use of children (under 18 vulnerability. Research indicates that the risks posed S years) for the sexual satisfaction of adults. by poverty are greatest among children who The basis of the exploitation is the unequal power experience deep and persistent poverty, especially if and economic relations between the child and the it is experienced when they are young. The younger adult. The child is exploited for his/her youth and they are, the deeper the barriers are ingrained, and sexuality. Frequently, although not always, the the harder it is for the child to recover. 11 Families exploitation is organized by a third party for in poverty experience more stress than families in profit.”8 Child prostitution may be defined as “the more stable economic situations. Families sexual exploitation of a child for remuneration in experiencing high levels of stress are more prone to cash or in kind, usually but not always organized by child maltreatment. Children who have been an intermediary (parent, family member, procurer, maltreated show signs of anxiety, panic attacks, self- teacher, etc).”9 medication through drugs and alcohol, suicidal ideation and self-destructive behavior. 12 Research has shown that children who have fewer economic alternatives and who experience sexual abuse or incest are more vulnerable to sexual The Juvenile Justice System exploitation. 10 Yet, our society often sees children Children who grow up in homes where they observe in prostitution as having made that choice willingly. or experience considerable conflict, physical or This belief permits society to demonize these sexual abuse, inadequate supervision, physical or children and to feel more comfortable writing them emotional neglect, parental abandonment, criminal off as delinquent and immoral. However, it is our activity, or drug/alcohol abuse are at greater risk of society that makes these children vulnerable to becoming delinquents. 13 Traumatized children sexual exploitation by passively allowing poverty, develop a distrust of others and do not feel safe. abuse and trauma to continue to thrive in our They often develop alternative methods or communities. By doing nothing, we are environments to feel safe. 14 Children may also feel contributing to the devastation of our children. shame when they are abused and are likely to attribute the rejection to something lacking in Common myths and stereotypes about prostitution themselves.15 This can make a child desperate to do not consider the shared trauma that those please adults, or other children, from whom the working in prostitution have experienced. Many child seeks love and attention. Traumatized believe that juveniles choose prostitution as a way to children have a tendency to seek out people with rebel, because of sexual appetite or sexual whom they can reenact the same abusive patterns perversion. Adults working in prostitution are they experienced at home. Prostitution virtually judged as loose, morally depraved, and criminal. replicates the sexual abuse suffered in the home.16 However, these adults were once likely child victims These children have a fear of being alone and a of sexual abuse, poverty, and violent homes. (See CHILD VICTIMS, page 35)

8 Sexual Exploitation of Children, p1 9 Sexual Exploitation of Children, p7 10 Clayton, Mark, “Sex Trade Lures Kids From Burbs”, Christian Science Monitor, Vancouver, August and September, 1999 11 National Center for Children in Poverty, 2005 12 The Pathways to Youth Violence, 2002, p11 13 Pathways to Youth Violence, 2000, p6 14 Pathways to Youth Violence, p8 15 Pathways to Youth Violence, p9 16 Silbert, Mimi H., “Sexual Assault of Prostitutes”, National Center for the Prevention and Control of Rape, National Institute for Mental Health,1982

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THE CONNECTION BETWEEN CHILD SEXUAL ABUSE AND PROSTITUTION Tiffany Lodholz rostitution is supported by a culture that tolerates sexual abuse, misogyny, and gender times more likely to engage in prostitution compared inequality. Women who are prostituted with non-victims. (Population Reports: Ending often have a history of sexual and physical Violence Against Women, 2000.) A different study Pabuse beginning in childhood and continuing found that fifty-seven percent of the prostituted throughout life. This history of abuse has a direct people they surveyed reported a history of childhood effect on an individual’s path into prostitution and sexual abuse, by an average of three perpetrators. makes it extremely difficult for individuals to leave (Prostitution, Violence Against Women and prostitution. Posttraumatic Stress Disorder by Melissa Farley, PhD and Howard Barkan, DrPH: Women & Health, An estimated one million women and girls are 27 (3): 37-49. © 1998 by The Haworth Press, Inc.) prostituted in the United States. (Miller, JoAnn L. Despite the variance in these studies it is clear that “Prostitution in Contemporary American Society,” the trauma from childhood sexual abuse is a huge

Sexual Coercion. Lexington Books, 1991.) People factor in becoming involved in prostitution. Other generally make assumptions that those involved in findings include: prostitution do so because it is a quick and easy way to make money or because they really like sex. ▪ Two thirds of prostituted people were sexually Society dismisses prostituted women and girls as less abused from the ages of 3-16. (The average age than human and considers them to be nothing more of victimization was 10.) than criminals. Average prostitution arrests illustrate ▪ Two thirds of the prostituted people abused in this point: about 70% of those arrested are females, childhood were molested by natural, step- or 20% are males and only 10% are customers. foster fathers. Ten percent (10%) were sexually (Priscilla Alexander, Prostitution: A Difficult Issue abused by strangers. for Feminists, in Frederique Delacoste and Priscilla ▪ More than 90% of prostituted people lost their Alexander, Sex Work: Writings by Women in the virginity through sexual assault. Sex Industry, San Francisco: Cleis Press, 1987.) ▪ More than 90% of the prostituted people Those who were sexually abused as children are 27.7 sexually abused as children told no one. Only 1% times more likely than non-victims to be arrested for received counseling for the effects of the abuse. prostitution as adults. (Widom, C. Victims of (Statistics are taken from Silbert, Mimi H. Childhood Sexual Abuse: Later Criminal “Treatment of Prostitute Victims of Sexual Assault,” Consequences. Washington, D.C.: U.S. Department Victims of Sexual Aggression. Van Nostrand of Justice, National Institute of Justice, 1995.) Reinhold, 1984.) There is an obvious connection between experiencing child sexual abuse and engaging in Sexual assault can have a devastating impact on prostitution. According to one study more than survivors and our communities. Depression, anxiety, 90% of prostituted people suffered childhood sexual panic, isolation, self-hatred, pregnancy, sexually abuse, often incest. (Silbert, Mimi H. “Compounding transmitted diseases, HIV and AIDS, alcohol and Factors in the Rape of Street Prostitutes,” Rape and drug dependency, eating disorders and post Sexual Assault II, ed. Ann W. Burgess. New York: traumatic stress disorder are just some of the Garland Publishing, 1988.) Another study found possible effects on survivors of sexual assault. An that men and women who were raped or forced into individual’s sexuality is also often affected. Some sexual activity as children or adolescents were four people have trouble engaging in healthy consensual (Continued on facing page)

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relationships because of issues related to trust, fear Juveniles who are prostituted may have a dual status and shame. Others express themselves in overtly of victim and offender in the criminal justice system sexual ways. 70% of those involved in prostitution (Finkelhor, D. and Ormrod, R. June, 2004. believed that being sexually abused as children Prostitution of Juveniles: Patterns from NIBRS. U.S. influenced their decisions to become involved in Department of Justice, Office of Justice Programs, prostitution. (Silbert, 1984). One report states that Office of Juvenile Justice and Delinquency Prevention.) the sexuality of a child “is shaped in a According to the U.S Department of Justice, about developmentally inappropriate and interpersonally 77% of juvenile victims of prostitution were 15 dysfunctional fashion as a result of sexual abuse” years old or younger. However, the same study (Finkelhor & Browne, 1985, p. 53 1). found that 69% of 16 or 17 The report found that child sexual year olds were considered to abuse leads to feelings by the victim of Prostitution is not be offenders of prostitution betrayal, powerlessness, stigmatization, sexual liberation; it is instead of crime victims. and the sense that sex is a commodity. humiliation; it is (Finkelhor and Ormrod These feelings often make children torture, it is rape; it is 2004.) These individuals may vulnerable to revictimization, sexual exploitation be labeled as either a victim or including child prostitution. and should be named a offender based on the age- (Finkelhor, David & Browne, Angela. of-consent laws, which, in “The Traumatic Impact of Child as such. Consequently some states, do not allow Sexual Abuse,” American Journal of males who use women juveniles to be considered the Orthopsychiatry, 55(4).) and girls in victims of statutory sex crimes prostitution are sexual after the age of 15 (Klain, E.J. There are an estimated 100,000 to predators and rapists. 1999. Prostitution of Children and 300,000 children sexually exploited Child-Sex Tourism: An Analysis through prostitution and pornography Monica O’Connor and of Domestic and International in the United States. (Source: End Grainne Healy, The Responses. Alexandria, VA: Child Prostitution, Child Pornography, National Center for Missing Link between and the Trafficking of Children for and Exploited Children). Prostitution and Sex Sexual Exploitation [ECPAT], Europe Juveniles may also be and North America Regional Profile, Trafficking: A Briefing categorized as victims of a sex issued by the World Congress Against Handbook, 2006 crime instead of victims of Commercial Sexual Exploitation of prostitution. Children, held in Stockholm, Sweden, August 1996, p.70.) These individuals are unable to consent to sexual activity and are victims of sexual A juvenile victim’s actual role in a prostitution assault. However, this is not always the perception incident is not always clear, nor is the victim’s link of those involved in prostitution. One study found to the prostitution offense. (Finkelhor and Ormrod, that a number of respondents reported having been 2004.) This can make it difficult for systems to recruited into prostitution at the age 12 or 13, but provide support or advocacy that these individuals also denied having been molested as children. This may want or need. Preventing sexual abuse in denial is likely the result of persistent and extreme childhood and throughout one’s lifespan and trauma that she has experienced for most of her life. providing support to help individuals heal from (Prostitution, Violence Against Women and abuse is essential in preventing prostitution. It is Posttraumatic Stress Disorder by Melissa Farley, our hope that by educating people about the realities PhD and Howard Barkan, DrPH, Women & of prostitution that people will be more likely to Health, 27 (3): 37-49. © 1998 by The Haworth provide the support and understanding to help Press, Inc.) individuals find their way out. █

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PART II: INTERNATIONAL SEX TRAFFICKING AND PROSTITUTION

SEXUAL VIOLENCE AS A WEAPON OF WAR Shira Phelps

that occurs within the family, domestic unit or within “The use of rape as a weapon of war is perhaps the any other interpersonal relationship, whether or not most notorious and brutal way in which conflict the perpetrator shares or has shared the same impacts on women. As rape and sexual violence are residence with the woman.5 This includes rape, so pervasive within situations of conflict, the ‘rape victim’ has become an emblematic image of women’s battery, torture, trafficking in persons, forced experience of war.”1 prostitution, kidnapping and sexual harassment in the workplace, educational institutions, or health facilities. “Violence against women is an obstacle to the achievement of equality, development and peace.”2 Sexual violence against women often is used as an intentional strategy to terrorize, degrade and overpower an entire population; an attack on a hroughout history, in times of war, violence woman can be seen as an attack on the entire against women has been used as a weapon. community.6 Women are attacked as “the bearers of Women’s bodies are considered the rightful the next generation” by either destroying their T 7 plunder of victorious armies. Women are captured, reproductive capacity or forcibly impregnating them. trafficked and sold into prostitution. Victory over an As a weapon of war, and as a form of gender-based enemy has been interpreted as a license to rape.3 Still torture, sexual violence is used to extract information, today, women’s bodies are treated as the spoils of war punish, intimidate and humiliate.8 and used to conquer an enemy. Men and boys are also victims of sexual violence, but women and girls The factors and circumstances which contribute to are the principal victims.4 The widespread use of violence against women in situations of conflict and sexual violence in situations of armed conflict reflects militarization have their roots in the persistent the devastating terror for women, the sense of power inequality and discrimination women face in it gives the perpetrator, and the unique discrimination peacetime as well as during and after conflict. and distain the victims face in their communities and “Conflict and militarization reinforce sexist cultures. stereotyping and rigid differentiation of gender roles. Weapons proliferate and violence becomes an Violence against women is defined by the Inter- everyday means of social interaction. Conflict often American Convention on the Prevention, Punishment creates conditions of severe economic deprivation and Eradication of Violence Against Women to include physical, sexual and psychological violence (Continued on facing page)

1 Lives Blown Apart: Crimes Against Women in Times of Conflict, Amnesty International, London, United Kingdom, 2004 2 Declaration on the Elimination of Violence Against Women, United Nations General Assembly resolution 48/104, December 20, 1993 3 Lives Blown Apart, Amnesty International 4 Casualties of War: Women’s Bodies, Women’s Lives, Amnesty International, London, United Kingdom, 2004 5 Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women, “Convention of Belem do Para”, Article 2, June 9, 1994 6 Lives Blown Apart, Amnesty International 7 Lives Blown Apart, Amnesty International 8 Lives Blown Apart, Amnesty International

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where the civilian population – and in particular increase, including rape and other forms of sexual women – becomes almost totally dependent on violence against women.” The UN Working Group certain authorities (whether occupation forces, on Contemporary Forms of Slavery, established in peacekeepers or humanitarian workers) for survival, 1975 to review the developments in the fields of leaving them acutely vulnerable to slavery, slave trade and slavery- sexual and other forms of Methods that enable one like practices, of apartheid and exploitation.”9 human being to enslave colonialism, the traffic in another are remarkably persons and the exploitation of Evidence gathered by Amnesty the prostitution of others, has International supports the view that similar. Methods of violence are: Systematic and identified poverty, social “conflict reinforces and exacerbates exclusion, illiteracy, ignorance, repetitive infliction of existing patterns of discrimination armed conflict and 10 psychological trauma; and violence against women.” discrimination as the main13 The UN Security Council has organized techniques of causes of contemporary forms recently recognized that “civilians, disempowerment and of slavery.14 A 1999 study done particularly women and children, disconnection; constant by the International account for the vast majority of inducement of fear by Organization for Migration also those adversely affected by armed inconsistent and concluded that intra- and conflict, including as refugees and unpredictable bursts of interstate armed conflict internally displaced persons, and violence; threats to family contributed to the risk of sex increasingly are targeted by and others; convincing the trafficking.15 combatants and armed elements.”11 victim that the perpetrator is Other studies have found that a The face of conflict has changed omnipotent and destroying country is more likely to become a substantially over time. Today’s source of trafficking victims after the victim’s sense of wars are fought between governments and armed groups, sudden political change, economic autonomy. not international conflicts collapse, civil unrest, internal armed Monica O’Connor and Grainne fought between professional 12 conflict or natural disaster. Healy, The Link between national armies. The Because of the economic damage Prostitution and Sex perpetrators of violence against caused by such upheavals, women Trafficking: A Briefing women are soldiers of the state’s and children may be one of the Handbook, 2006 armed forces; pro-government region’s few marketable resources. paramilitary groups or militias; “When political tensions and increasing militarization armed groups fighting the government or fighting an spills over into outright conflict, these habitual opposing armed group; the police, prison guards; attitudes and abuses take on new dimensions and private security or military personnel; peacekeeping forces; staff of humanitarian agencies; neighbors and distinctive patterns, and all forms of violence (See WAR, page 17)

9 Lives Blown Apart, Amnesty International 10 Lives Blown Apart, Amnesty International 11 Lives Blown Apart, Amnesty International 12 Issue Brief on Trafficking, Issue Briefing on Small Arms and Light Weapons, United Nations Development Fund for Women (UNIFEM), WomenWar- Peace.org, New York, 2005 13 Lives Blown Apart, Amnesty International 14 Issue Brief on Trafficking, UNIFEM 15 Issue Brief on Trafficking, UNIFEM; The US Victims of Trafficking and Violence Protection Act of 2000 defines sex trafficking as the “recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.”

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(WAR, continued from page 16) estimated at 50 per cent.22 ▪ The UN estimates that 80% 16 relatives. Bringing these Women fleeing conflict may be of persons trafficked are perpetrators to justice is often a forced to offer sex in return for trafficked for sexual difficult challenge, if not safe passage, food, shelter or exploitation. They are impossible. The perpetrators documentation.23 may not recognize any obligations mostly women and children. According to international under international law. Judicial ▪ The US Department of State mechanisms and legal systems experts at the 2002 conference, held by UN Interregional Crime estimates that 600,000- may not be in place to convict 800,000 people are trafficked these crimes, particularly in areas and Justice Institute, in post conflict situations, women and within and across boarders under armed groups’ control.17 annually, of whom 80% are Many countries have girls have been trafficked into areas under the mandate of women and girls, 50% are discriminatory laws that make it minors. difficult for women to access international peacekeeping justice. Even if they are able to operations. There, international ▪ Researchers agree that access the legal system, it is likely peacekeeping personnel have internationally the median “purchased trafficked women and that the laws are inadequate to age for the entrance into deal with sexual violence in children for sex or domestic labor, have permitted trafficking prostitution is 14 years of conflict.18 Even if the laws are in age. place, the community may be rings to flourish, and have hesitant to enforce them based themselves engaged in trafficking ▪ It is estimated that the 24 on social stigma or cultural persons.” illegal sex industry turns $5- traditions. International Law 7 billion per year. ▪ The UN estimates that Refugee and internally displaced The international community has women and girls, especially in traditionally treated sexual some 4 million individuals, camp situations, are particularly violence against women as an principally girls and women vulnerable to trafficking and assault of a woman’s honor, not are transported annually other forms of exploitation and as a violation of her human within and between abuse.19 Interviews with girls in rights. Progress has been made in countries for the purpose of refugee camps in Guinea, Liberia, recognizing sexual crimes as trafficking. and Sierra Leone reported being human rights violations. forced to exchange sex for food, ▪ Up to 80% of the women medicine, and other basic needs.20 The Universal Declaration of and girls trafficked from One young woman in Guinea Human Rights was adopted by Central, Eastern European explained, “I have to sleep with the United Nations General and CIS countries to so many men…so that I can feed Assembly (General Assembly) in Western Europe are myself and my child. They pay 1948. The international destined for the sex services me 300 each time, but if I am community came together to market. lucky, and I get an NGO worker proclaim equality and dignity for he can pay me 1500.”21 The teen all people. The Universal O’Connor, Monica and pregnancy rate in the camps was Grainne Healy, The Links (Continued on facing page) between Prostitution and

21 Trafficking: A Briefing 16 Lives Blown Apart, Amnesty International Casualties of War, Amnesty International 22 Handbook, joint project of the 17 Lives Blown Apart, Amnesty International Lives Blown Apart, Amnesty International 23 Coalition Against Trafficking 18 Lives Blown Apart, Amnesty International Lives Blown Apart, Amnesty International 24 in Women and the European 19 Issue Brief on Trafficking, UNIFEM Issue Brief on Trafficking, UNIFEM Woman’s Lobby, 20 Lives Blown Apart, Amnesty International 2006

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Declaration gives broad and general rights to the damage of the community, family, and most international community – everything from the important, her potential husband is where the “right to life, liberty and security”, violation occurs. Perhaps it to the right not to be held in slavery he legal right to be should be noted that of the 240 or be tortured, to the right to marry free from torture and representatives to the Diplomatic 25 and found a family. cruel and inhumane Conference that adopted the or degrading Geneva Conventions, only 13 The following year, the General were women.29 Assembly approved the Convention Ttreatment is recognized by for the Suppression of the Traffic in most nations and is Not until 1977, when Protocol I Persons and of the Exploitation of internationally was suggested as a supplement to the Prostitution of Others. The UN guaranteed. In the Geneva Conventions, was this requested the international prostitution, women are approach amended in this community take active steps in tortured through repeated internationally vital document. eliminating human trafficking and rape and in all the more Article 76, Protection of Women, providing services for victims of conventionally recognized states: “Women shall be the object trafficking. “The Parties to the ways. Women are of special respect and shall be present Convention agree to take or protected in particular against to encourage, though their public prostituted precisely in rape, forced prostitution and any and private educational, health, order to be degraded and other form of indecent assault.”30 social, economic and other related subjected to cruel and Here it is the women themselves services, measures for the brutal treatment without who are to be protected, not their prevention of prostitution and for human limits; it is the honor. the rehabilitation and social opportunity to do this that adjustment of the victims of is exchanged when Women and children were prostitution.”26 The drafters of women are bought and acknowledged as a particularly vulnerable class of civilians, in this Convention recognized sold for sex. prostitution and trafficking as need of specific protections by the crimes with victims, and that the “Prostitution and Civil Declaration on the Protection of victims must be supported. This Rights” – Prostitution Women and Children in Emergency and Armed Conflict in built the foundation for later Research and Education, progress in international law. 1974. “All efforts shall be made 2006 by States involved in armed The Geneva Conventions were conflicts, military operations in created in 1949 for the “purpose of establishing a foreign territories or military operations in territories Convention for the Protection of Civilian still under colonial domination to spare women and Persons in Time of War.”27 The 1949 children from the ravages of war. All the necessary Conventions included this specific protection for steps shall be taken to ensure the prohibition of women: “Women shall be especially protected measures such as persecution, torture, punitive against any attack on their honour, in particular measures, degrading treatment and violence, against rape, enforced prostitution, or any form of particularly against that part of the civilian indecent assault.”28 Treating rape and prostitution as population that consists of women and children.”31 only an attack on a woman’s honor implies the (See WAR, page 19)

25 Universal Declaration of Human Rights, United Nations General Assembly resolution 217 A (III), December 10, 1948. 26 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, Article 16, United Nations General Assembly resolution 317(IV), December 2, 1949, entry into force July 25, 1951. 27 Geneva Conventions, Preamble, August 12, 1949 28 Geneva Conventions IV, Article 13, 1949 29 Lives Blown Apart, Amnesty International 30 Protocol I: Additional to the Geneva Conventions of 1949, Article 76, June 8, 1977.

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(Continued from page 18) violence because their status, they need the equal Any “cruel and inhuman treatment” of women and protection of laws against rape and other forms of children was considered a crime. violence.36 At the heart of protection against human rights Under the Declaration abuses against women is the principle of non- on the discrimination.32 As societal attitudes evolved, so did Elimination of international law. The UN began to confront the Violence root causes of sexual exploitation of women with the Against Convention on the Elimination of All Forms of Women of Discrimination Against Women (CEDAW). In its 1993, violence preamble, CEDAW declares that discrimination against women against women continues to exist and that such includes discrimination “violates the principles of equality of physical, sexual rights and respect for human dignity.”33 CEDAW and psychological violence occurring in the family, goes on to define ‘discrimination against women’ to including battering, sexual abuse of female children mean “any distinction, exclusion or restriction made in the household, marital rape, female genital on the basis of sex which has the effect or purpose mutilation and other traditional practices harmful to of impairing or nullifying the recognition, enjoyment women, non-spousal violence and violence related to or exercise by women, irrespective of their marital exploitation; physical, sexual and psychological status, on a basis of equality of men and women, of violence occurring within the general community, human rights and fundamental freedoms in the including rape, sexual abuse, sexual harassment and political, economic, social, cultural, civil or any other intimidation at work, in educational institutions and field.”34 elsewhere, trafficking in women and forced prostitution; and physical, sexual and psychological Included in CEDAW’s statements is Article 6, which violence perpetrated or condoned states: “Parties shall take all appropriate measures, by the State.37 including legislation, to suppress all forms of traffic in women and exploitation of prostitution of The Declaration specifically gives women the right women.”35 Article 6 codifies prostitution and not to be subjected to torture (Article 3). Torture is trafficking as an element in, or consequence of, defined as “any act by which severe pain or suffering, discrimination against women – an extremely whether physical or mental, is intentionally inflicted important advancement in human rights thinking. In on a person for such purposes as obtaining from him 1992, the CEDAW Committee made further or a third person information or a confession, recommendations, focusing on the causes of punishing him for an act he or a third person has women’s human rights abuses. The Committee committed or is suspected of having committed, or targets war, armed conflict, poverty and intimidating or coercing him or a third person, or for unemployment as providing increased opportunities any reason based on discrimination of any kind, for prostitution and trafficking in women. Because when such pain or suffering is inflicted by or at the women in prostitution are especially vulnerable to instigation of or with the consent or acquiescence of (Continued on facing page) 31 Declaration on the Protection of Women and Children in Emergency and Armed Conflict, Section 4, United Nations General Assembly resolution 3318(XXIX), December 14, 1974. 32 Lives Blown Apart, Amnesty International 33 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Preamble, United Nations General Assembly, December 18, 1979 34 CEDAW, Article 1 35 CEDAW, Article 6 36 Committee on the Elimination of Discrimination Against Women, General Recommendation 19, Violence Against Women, Eleventh Session, United Nations A/47/38, 1993 37 Declaration on the Elimination of Violence Against Women, Article 2, United Nations General Assembly resolution 48/104, December 20, 1993 Page 19 October 2007 • WCASA • WCADV • Connections • Educational Journal

a public official or other person acting in an official the United Nations has to catch up. capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful Images of Conflict and Violence sanctions.”38 No justification for torture will be Democratic Republic of Congo permitted, “whether a state of war or a threat of war, The violence in the Democratic internal political instability or any other public Republic of Congo (DRC) is emergency.”39 extreme and devastating. The Sexual violence, as part of a “widespread or people of DRC have suffered so systematic attack directed against any civilian much for so long. As with any population,”40 became an official war crime in 1998 armed conflict situation, women under the Rome Statute of the International Criminal and girls experience a heavy Congo Court. Only 97 states – not quite half of the burden of sexual violence. international community – have ratified the Rome “Perceived as a particularly Statute.41 effective weapon of war and used to subdue, punish, or take revenge upon entire Resolution 1325 is the first resolution passed by the communities, acts of sexual and gender-based Security Council that specifically addresses the impact violence increased concomitantly. Attacks have of war on women. The resolution builds on the comprised individual rapes, sexual abuse, gang rapes, growing consciousness of the abuses suffered by mutilation of genitalia, and rape-shooting and rape- women in armed conflict. In 2000, the Security stabbing combinations, at times undertaken after Council asserted its “concern that civilians, family members have been tied up and forced to particularly women and children, account for the vast watch. The perpetrators have come from among majority of those adversely affected by armed virtually all of the armies, militias and gangs conflict, including as refugees and internally displaced implicated in the conflicts, including local bands and persons, and increasingly are targeted by combatants police forces that attacked their own communities.”43 and armed elements, and recognizing the consequent Social stigma has left large numbers of rape victims impact this has on durable peace and and children born of rape rejected by their families 42 reconciliation.” Resolution 1325 recognizes not and communities.44 only the specific impact conflict has on women, but also addresses impact that sexual violence has on It is not the individual acts alone that devastate a durable peace and conflict resolution. Perhaps the community, but the environment of on-going sexual most significant stride Resolution 1325 made for violence and torture. A doctor who has treated women was to acknowledge the essential role women countless victims of sexual violence at Panzi Hospital play in post-conflict resolution. in DRC explained that rape is done to “destroy completely the social, family fabric of society.”45 The recent decades have shown an impressive Rape, mutilation, and other acts of sexual violence evolution of international legal thought and approach. have severe short- and long-term effects on the The international community is becoming more survivors, families, communities, ethnic groups, comfortable confronting the issue of violence against region, and the “ability of the nation to become women. However, the world population outside of (See WAR, continued on page 30)

38 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Article 1, United Nations, February, 1985 39 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Article 2, United Nations, February, 1985 40 Rome Statute of the International Criminal Court, Article 7, United Nations General Assembly, July 17, 1998. 41 Lives Blown Apart, Amnesty International 42 United Nations Security Council Resolution 1325, Preamble, October 31, 2000 43 Pratt, Marion and Leah Werchick, “Sexual Terrorism: Rape as a Weapon of War in Eastern Democratic Republic of Congo”, US Agency for International Development/District of Columbia Hospital Association Assessment Report, March 18, 2004, p6 44 Marion and Werchick, p6 45 Marion and Werchick, p8

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Excerpts from Profitable Proposals: Explaining and Addressing the Mail-Order Bride Industry through International Human Rights Law Vanessa Brocato he international “mail-order Copyright 2004 San Diego International Law Journal. Reprinted with the permission of bride” industry has been the San Diego International Law Journal. The version of the article that appears in these proliferating in recent years, pages was taken from the online quarterly international journal of the Sexuality Information using the internet as a high- and Education Council of the United States (SIECUS), Volume 3, Issue 2—Summer poweredT engine to reach an unprece- 2004: www.siecus.org/inter/connection/conn0048.html. The full version of the article may dented number of clients. A Google be obtained by linking to one of the following websites: search for “mail-order brides” results EBSCO (http://ejournals.ebsco.com/Home.asp), HEIN (http://www.wshein.com/), in 590,000 websites, including “The Westlaw (http://web2.westlaw.com/), or Lexis (http://www.lexis.com/). Mail-Order Bride Warehouse.” As this industry flourishes, however, the father children, and many already a lack of education and employment stories of women who come to the have at least one child.1 opportunities, they are often seeking U.S. as mail-order brides only to suf- The testimonials of consumer to both satisfy a social expectation fer exploitation, abuse, or murder are husbands on IMB websites make it and gain economic security. For ex- coming to light. As a result, the indus- clear that they are looking for a ample, facing a bleak economy, try is facing increased scrutiny from “traditional” family. They often ex- women from the former Soviet Union people concerned about the implica- press a dislike for the increased equal- are increasingly represented on web- tions mail-order marriages have on ity that women in their home coun- sites. A recent study found nearly 500 the human rights of the women in- tries have seen in recent years. The websites advertising women from for- volved. This increased international testimonials also show that these men mer Soviet republics. Looking at less attention will likely result in new regu- are seeking a relationship in which the than half (219) of these international lations and restrictions. woman’s sole identity is as an obedi- marriage brokers, a total of 119,649 Who Is Involved? ent wife and mother and there is def- women in the former Soviet Union nternational marriage brokers erence to the man as “head of the were represented.4 Ironically, rampant (IMBs), also known as inter- household.” According to one con- sexism in home countries coupled national matchmaking organi- sumer husband from the United with the pervasive image of a progres- zations or “mailorder bride” States, “The women over there [in the sive West, leads these women to see agencies,I capitalize on increasing dis- former Soviet Union] are like they marriage to one of the men described parities between women in economi- were here 50 years ago. For them, above as their best hope for libera- cally distressed countries and men in their family comes first. They appreci- tion. the wealthiest nations of the world. ate what they’ve got more than International marriage broker The men who use these websites are American women.”2 According to websites have been described as “part primarily from the most industrialized Gary Clark, author of Your Bride is In Playboy and part Sears Roebuck,”5 nations: United States, Australia, Can- the Mail and a zealous advocate for the advertising women according to sexu- ada, and Western Europe (particularly IMB industry, "The effects of femi- alized, ethnic stereotypes. In describ- Germany, Sweden, and Norway,) with nism are perverse."3 ing this stereotyping, Suzanne Jack- an increasing number from Japan. In Potential "mail-order brides" are son, associate clinical law professor at the literature, men who utilize these typically young women from countries George Washington University, ex- websites are referred to as consumer experiencing economic distress and plains that these companies purport husbands. In the U.S., consumer hus- widespread subordination of women. that “all Russian women are X, all bands are overwhelmingly white, mid- Most of these women are under in- Asian women are Y, all Latinas are Z- dle-class, middle-aged, and often di- tense pressure to marry. In the face of and emphasize that the women they vorced. The majority would like to harsh stereotypes of “old maids” and (Continued on facing page)

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offer (women who are in fact hoping ing examples of the abuse and murder spective “mail-order brides” with in- to leave their home countries) will all of mail-order brides. formation that may help them avoid be ‘home-oriented’ and ‘traditional’ In the United States, the story of abuse. As part of these efforts, advo- wives.”6 For example, the “My Thai Anastasia King has been widely re- cates are drafting and implementing Bride” website begins its sales pitch ported. Below is her story as told by new regulations and legislation. this way: “In all the world the most the Tahirih Justice Center, a U.S.- In the United States, the industry beautiful women are oriental. For dec- based NGO working to “enable is responsible for about 4,000 to 6,000 ades western men have appreciated women and girls who face gender- marriages every year, meaning that the oriental femininity and beauty. based violence to access justice:”8 approximately four to six percent of The most beautiful and feminine ori- At the age of 18, Anastasia King, all women who receive residency via ental women are Thai. Their grace, a woman from Kyrgyzstan, married marriage are “mail-order brides.”10 elegance and feminine beauty is legen- an American man who selected her Cherry Blossoms, one of the oldest dary. The teachings of the centuries out of a catalogue of prospective international marriage brokers, claims old Thai culture creates Thai girls who brides he received from an Interna- credit for 1,500 marriages each year, 11 have high moral values, a strong com- tional Marriage Broker (IMB). Two and expects to generate 2,000 mar- mitment to their families, and are sup- years later, desiring a different wife riages in 2004.12 To control this portive of their husbands. In Thai- and allegedly unwilling to pay for a blooming industry, United States land, putting one’s own interests be- divorce, Mr. King ordered a tenant in Senator Maria Cantwell (D-WA) and fore those of others is unusual.”7 their Washington State home to kill Congressman Rick Larsen (D-WA) While IMBs cater to consumer Anastasia. Weighing nearly 300 introduced legislation in the U.S. Sen- husbands, they treat the women being pounds, Mr. King pinned his wife ate and House. The International “advertised” as mere commodities. beneath him as the tenant strangled Marriage Broker Regulation Act of For example, these companies pro- her to death with a necktie. King’s 2003 13 would: vide men with names, photos, explicit previous wife had left him because he ▪ Limit the number of fiancée visas biographical data, and addresses of was abusive.9 an applicant may seek each year to the women, but do not provide these Women, such as Anastasia, who one. Under current law, an Ameri- women with similar information are in a foreign country, face enor- can may file multiple fiancée visa about consumer husbands. In addi- mous obstacles in attempting to leave requests simultaneously. Some con- tion, men are often instructed in woo- an abusive partner. All domestic vio- sumer husbands file for visas for ing techniques, provided with sample lence survivors confront difficulties in several different potential “brides” letters, and, for an extra charge, can seeking help, however, unfamiliarity and simply choose to marry the first have the company do the letter- with the culture and legal system, lan- woman who is approved. writing for them. guage barriers, and isolation make ▪ Require international marriage bro- Power Imbalances seeking help even more difficult, if kers to obtain a foreign national y matching their clients not impossible, for recent immigrants. client's consent prior to releasing with women in difficult In addition, these women often fear her contact information and to pro- circumstances, the mail- retaliatory violence from their abuser vide her with information, in her order bride industry sys- as well as deportation. And, the need own language, on the rights of vic- tematicallyB creates marriages with for resources for themselves and for tims of domestic violence in the massive power imbalances. This family back home which often leads United States. power disparity combined with these women to the IMB trade to begin ▪ Require international marriage bro- men's typical conceptions of an ideal with, can then serve to keep them in kers to ask American clients to pro- an abusive relationship. marriage and mate often leads to ser- vide information on any previous vant-like conditions for wives. In fact, New Regulations arrests, convictions, or court or- organizations working with women dvocates around the world dered restrictions relating to crimes who have immigrated as mail-order are working to create ap- of violence along with their previ- brides report that many of their cli- propriate services for for- ous marital history. This informa- ents suffer domestic violence. Advo- eign-born women facing tion would also be made available to cates have accumulated many disturb- domesticA violence and to provide pro- the foreign national. (See MAIL ORDER BRIDE, page 23) Human Trafficking: Sexual Exploitation, Prostitution, and Brokered Marriages Page 22

(MAIL ORDER BRIDE, continued from page 22) Introduced in July, the bills have The international community as ▪ Require a U.S. citizen seeking a for- been referred to the Senate Judiciary well as individual governments must eign fiancée visa to undergo a committee, the House Judiciary Com- take action to prevent the exploita- criminal background check, a check mittee's Sub-Committee on Immigra- tion of women through the interna- that is already performed for the tion, and the House International tional "mail-order bride" industry. fiancées entering the country. In- Relations Committee. The Senate Because the industry is a transnational formation on convictions and civil Foreign Relations Committee held a phenomenon, coordination on the orders would be relayed to the visa hearing in July entitled Human Traf- international level is critical to suc- applicant by the consular official ficking: Mail-Order Bride Abuses that cessfully monitoring IMBs, prevent- along with information on their profiled the problem and highlighted ing abuse, and providing appropriate legal rights should they find them- the proposed legislation. Due to con- services to the women victimized by selves in an abusive relationship.14 tentions surrounding all immigration- the industry. In addition to address- According to Senator Cantwell, related issues, advocates expect no ing individual instances of abuse, the “The primary goal of my legislation is further action to be taken on the bills underlying system of globalized gen- to better inform women entering this this term. Nonetheless legislators are der inequality upon which the indus- country as a prospective spouse about buoyed by the momentum of the try relies must be addressed. The the past history of the man she may bills. Abbey Blake, a spokeswoman more the international community be marrying and to better inform for Congressman Larsen (D-WA), works to empower women in socie- them of their rights as residents of expects the measure to be introduced ties throughout the world, the less the United States if they become vic- again next year. “We're really encour- vulnerable they will be to exploita- tims of domestic violence.”15 aged by the early support we've got- tion. █ ten,” Blake said.16

References: 1. R. Scholes, The 'Mail-Order Bride' Industry and it Impact on U.S. Immigration, in Int'l Matchmaking Orgs.: A Report to Congress (Washington, DC: Immigration and Naturalization Services and Violence Against Women Office at the Department of Justice, 1998), Appendix A at section I. 2. S. Henry,"From Russia with love: Well, the Ukraine girls really knock 'em out," CreativeLoafing, Aug. 21, 2003. Accessed online at http://atlanta.creativeloafing.com/2003-08-21/cover.html. 3. G. Clark,"The Reason so many men seek "mail-order brides" is dissatisfaction with the local women," PlanetLove.com, Accessed online at http://www.planet-love.com/gclark/gclark02. 4. Testimony of Donna Hughes, Human Trafficking: Mail-Order Bride Abuses, Subcommittee on Far East Asian and Pacific Affairs, Senate Foreign Relations Committee, United States Senate, July 13, 2004. 5. E. Meng,"Mail-Order Brides: Gilded Prostitution and the Legal Response," University of Michigan Journal of Law Reform (1994); 28; p. 197, 206. 6. Testimony of Suzanne H. Jackson, Associate Professor of Clinical law, George Washington University, Committee on Foreign Rela- tions, United States Senate, July 13, 2004. 7. Accessed online at My Thai Bride http://www.mythaibride.com on Aug. 24, 2003. 8. Accessed online at Tahirih Justice Center http://www.tahirh.org on Aug, 30, 2004. 9. Letter from Tahirih Justice Center to organizations to solicit their support of the new bill to "end abuse of foreign- born women by international marriage," (Falls Church,VA:Tahirih Justice Center,April 2003). 10. International Matchmaking Organizations: A Report to Congress, (Washington, DC: U.S. Dept. of Homeland Security), p. 12. Accessed online at http://www.bcis.gov/graphics/aboutus/repsstudies/mobrept.htm 11. Accessed online at Cherry Blossoms website http://www.blossoms.com/?adid=googlePPCtw. 12. Accessed online at Cherry Blossoms website at http://www.blossoms.com/cgi-bin/htmlos.cgi/40269.1.455285048115913517. 13. Senate Bill #S. 1455; House Bill # H.R. 2949. 14. 8 U.S.C.S. § 1375 (2003). 15. Cantwell to Senate Committee Today: End Mail Order Bride Abuse; Sen. Maria Cantwell Testifies Before Foreign Relations Com- mittee on Her Legislation to Protect Foreign Brides From Abuses, July 14, 2004. Accessed online at http://cantwell.senate.gov/ news/releases/2004_07_13_mob.html. 16. J. Haley,"Foreign brides in national eye: A mail-order bride's murder in Mountlake Terrace helps those in Congress make their case for protection," HeraldNet, Jul. 15, 2004. Available online at http://www.heraldnet.com/stories/04/07/15/loc_bride001.cfm.

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(CONVERSATION, continued from page 10) It becomes a choice when you have such limited choices. choice to ask for services. She may fear stigmatization – Individuals choose it because it helps them survive, meet people talk about how, if you legalize prostitution, everyone their needs where they are; it meets their physical or involved in prostitution would announce it to the world, but emotional needs right now. I think we become so wrapped probably they would not because of the stigma attached to up in our history; we are created by our history. If it is an it – there is a great fear of being found out. abusive history that has been built by oppression or sexual violence or domestic violence, choosing somebody who is Patti: Some of the greatest barriers are the systems violating you is sometimes the choice you make because it themselves. I think we have systems that are rife with feels right to you; you are comforted by it. Or it’s someone judgments – and it is such a painful experience to have to taking care of you – and I think sometimes that can feel go up against those judgments. sexually liberating too.

Jan: Sometimes the system itself can be traumatizing. You I don’t know how to answer that question with an “or” have someone who needs help, but whether obtaining because I think every individual is every individual. I think community resources or obtaining justice, the whole sometimes people are pushed or trafficked into process can be traumatizing. And if you have a woman prostitution, but sometimes people turn to prostitution who has a lifetime history of trauma and abuse, it is because they needed to make that choice for many difficult for her to navigate through that process – the different reasons – and if given different options, and if we process is hard to navigate even for someone who hasn’t can build healthier surroundings for them, healthier gone through that. This is one of the biggest challenges. communities to support them, take care of their needs, would people make different choices? Yes, I think that they Prostitution is about the dehumanization of a person. A definition of slavery that I like, which I think prostitution can would. be like, is “making sport out of a person’s humanity.” The Jan: Is it a choice? It is a choice out of a set of limited challenge for systems is to see the woman or the person in options. Force or coercion can come in all different forms. prostitution in his or her full humanity. Because I think that For her to do that because of limited options leads to the runs counter to what prostitution is all about: (prostitution question “is it a real choice?” is) to be treated not as a human, but as a body part. Patti: They are such awful choices. Women get their backs Linda: Some of the big challenges are the myths that up against a wall and are told they have two choices — and society holds. Society dehumanizes or forgets about these both of them are bad. Are these real choices? If that individuals—they are in a different world; we don’t have to person was brought there because someone said “you do care about them. It’s a huge task for our movements to this or I’ll kill you,” that person is going to make the choice overcome this. in which they’ll survive — and that is the context.

Patti: It is hard to ask people in any helping profession to Jan: For some it is almost impossible to believe the trauma think about the whole history and context that led someone and violence in the lives of women who live the prostitution from point A to point B. Our lives are complicated and aspect of the female sex role in our society – it is layered—a culmination of everything that has happened impossible to believe that there is a demand for this. So and what has been dumped on us along the way. they choose not to believe it. What does it mean for us as a society if we choose to believe it? Jan: We get asked if Respect can end prostitution – and the answer to that is of course not. It takes everyone Patti: We have crimes against children (who are) abused or working together to look at society and decide to end sexually assaulted; people are willing to forgive children. exploitation, just like we decide to work to end rape and But as soon as you become an adult—or close to sexual assault and domestic violence. Kathleen Barry, the adulthood—suddenly you “chose” this relationship. There is author of Prostitution of Sexuality says that “prostitution is a point where suddenly the victim becomes much more an aspect, rather than a contradiction of the female sex culpable. role in our society.” What factors then determine the role a woman is going to play out? Linda: I think at times people have a very limited ability to see other perspectives. They don’t have the capacity to see Annette: Is prostitution a form of violence against women? through the eyes of others. █ And what is your response to the opinion that prostitution is a choice or sexually liberating?

Linda: I do think it is a form of violence against women.

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PART III: LEGAL APPROACHES FEDERAL AND STATE HUMAN TRAFFICKING LAWS: AN OVERVIEW

Mike Murray significant funding for anti-trafficking provisions and assistance programs.1 he crime of human trafficking has plagued the The two subsequent reauthorizations of the TVPA United States for quite some time. However, it further expanded on these provisions. The is only in recent years the U.S. policymakers reauthorizations increased criminal penalties for T trafficking violations, allowed victims of trafficking to have specifically addressed trafficking. The U.S. Congress passed the Trafficking Victims Protection Act sue their trafficker in federal (TVPA) in 2000. The TVPA was the first court, and created grant Beyond eliminating comprehensive federal law to provide protections for programs to fund state and discriminatory victims of trafficking and to criminalize human local law enforcement criminal laws and trafficking. The TVPA’s passage was an important first investigations and enforcing 2 step for U.S. policymakers to recognize and address the prosecutions of trafficking. appropriate ones, it problem of human trafficking in the U.S. Much work The TVPA significantly is time the law did still needs to be done on both the federal and state improved the federal something for legislative levels in order to effectively address human response to human women in trafficking and provide victims of trafficking with the trafficking. It provided a prostitution. Getting protections they deserve. The TVPA has room for framework through which the criminal law off improvement, especially in the realm of victim the federal prosecutors could their backs may keep prosecute traffickers and protection. In addition, states must play a more active the state from provided some basic role in developing anti-trafficking policy measures. reinforcing their This article will discuss the content and main policy protections to victims. However, the TVPA was not subordinate status objectives of the TVPA. This article will also discuss but it does nothing approaches taken by states to supplement the TVPA and envisioned to be a comprehensive or sufficient to change that status. pursue innovative anti-trafficking policy. remedy for human Prostitution and Civil The Trafficking Victims Protection Act trafficking in the U.S. While Rights” – Prostitution the TVPA did help enable The TVPA first passed in 2000 and has been Research and federal prosecutions of Education, 2006 reauthorized twice—in 2003 and 2005. The TVPA was a trafficking, it is widely response to the increased awareness about the human understood that that the rights violations associated with human trafficking. This federal government is incapable of detecting and landmark legislation accomplished several important prosecuting all of the trafficking cases nationwide. State goals: 1) defined a specific crime of human trafficking; 2) and local authorities are far more likely to encounter increased penalties for slavery and involuntary servitude; victims of trafficking in there own communities when 3) created a new visa category that allows victims to conducting arrests, providing emergency medical receive benefits and services in the U.S.; 4) ordered a services, or investigating allegations of child abuse. In report which ranks countries based on their response to addition, while the TVPA does provide some substantive trafficking and specifies sanctions which can be applied protections to trafficking victims who cooperate with law to those countries whose governments have not taken (Continued on facing page) adequate steps to prevent trafficking; and 5) provided

1 See “State Human Trafficking Legislation,” Amy Ferrell, Prepared For: Marshalling Every Resource: State Level Responses to Human Trafficking, December 1, 2006, Princeton University, Page 2. 2 See Id.

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enforcement, the act does leave much room for protections for victims. Both of these models also clean additional victim protection measures. As a result, there up the definitional problems contained in the DOJ is a need for state-level trafficking laws that enable local model. and state criminal justice systems to prosecute human trafficking and protect victims. Three Primary Provisions of Current State Anti- Trafficking Laws Model Anti-Trafficking Legislation and State Criminal Prohibition Against Trafficking Legislative Responses to Human Trafficking The majority of state anti-trafficking legislation Model Anti-Trafficking Legislation focuses on creating criminal provisions to specifically

Shortly after the passage of the TVPA, state prohibit and punish human trafficking. Most of the legislators began to introduce anti-trafficking legislation. state criminal anti-trafficking laws include a prohibition Texas was the first state to pass anti-trafficking against forced labor that is the result of psychological legislation in 2003. Twenty-eight states now have some coercion, such as when a trafficker threatens to destroy a form of anti-trafficking legislation.3 Most of the state victim’s immigration documents if she does not comply statutes are in part modeled on legislation provided by with the trafficker’s demands. Most of the statutes the U.S. Department of Justice (DOJ) and other anti- contain definitions of terms such as debt bondage, trafficking advocacy groups, such as the Polaris Project commercial sexual activity, forced labor or services, or the Freedom Network (USA). State anti-trafficking victim, and other relevant trafficking terms. The laws vary greatly depending on which model law(s) they definitions of these terms vary between states. employ and the individual state’s willingness to provide Some of the state criminal provisions apply only to substantive protections for victims. individuals, while others apply to both individuals and The DOJ model law focuses mainly on the businesses that engage in trafficking. Sentencing criminalization of trafficking. The DOJ model prohibits structures for trafficking differ significantly from state to both sex and labor trafficking and contains inclusive state. The DOJ model law suggests a 15-year maximum definitions of what constitutes sex trafficking— sentence for trafficking, but state penalties range from recognizing that victims are often forced or coerced in any number of years in prison to life imprisonment. commercial sexual activity, such as performing at strip Some states also follow the recommendations of all clubs.4 The DOJ model also prohibits any facilitation of three of the model statutes by including sentencing child sex trafficking, regardless if the child victim was enhancements based upon the vulnerability of the victim forced or coerced into the activity. and/or the used of violence in the commission of the The primary weakness of the DOJ model is its offense. Two state statutes, Illinois and Pennsylvania, failure to include strong victim service and protection contain provisions requiring asset forfeiture. These provisions. The DOJ model also contains some provisions require the trafficker to forfeit any profits he definitional problems. In response to these weaknesses, has acquired as result of trafficking.5

the Polaris Project and Freedom Network (USA) created Victim Protections and Benefits their own model legislation that contains robust victim services and protection provisions and improved An encouraging trend among states that recently definitions of legal terms. These models include a passed anti-trafficking laws is the inclusion of number of victim services provisions not contained in substantive protections for victims and access to 6 the DOJ model, such as access to state crime victim important public benefits and services. Ten states now compensation programs, shelter, medical and mental have such provisions. The inclusion of such provisions health treatment, translation services, the right not to be illustrate that policymakers are beginning to understand housed in a prison or jail, and safety and privacy (See OVERVIEW OF LAWS, page 34) 3 See Polaris Project U.S. Policy Alert on Human Trafficking—Summary of U.S. Policy Activity- March 2007 at http:// www.polarisproject.org/polarisproject/programs_p3/Policy_Alert_FINAL_3_19_2007.pdf 4 See Department of Justice Model State Anti-Trafficking Criminal Statute, pp.1-2 at http://www.usdoj.gov/crt/crim/ model_state_law.pdf 5 See Ferrell at p. 11 and Illinois House Bill 1469, Section 10A-150. 6 See Polaris Project U.S. Policy Alert on Human Trafficking—Summary of U.S. Policy Activity- March 2007

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PROSECUTING SEXUAL ASSAULT WHEN THE VICTIM IS INVOLVED IN PROSTITUTION Eva Shiffrin Introduction rostituted people are sexually rape.” A victim will be hysterical in a think that law enforcement, assaulted at higher rates than “real rape.” prosecutors, judges, or juries will are women in the general Combined, these myths lead to a believe them. Those engaged in population. While perceived lack of credibility when the prostitution know that society holds heartbreakingP and staggering, those victim is a prostituted person that can these myths and are therefore who know victim dynamics and be difficult to overcome for the jury. reluctant to come forward. Threats perpetrators are not surprised. Perpetrators who sexually assault by the perpetrator, previous negative The Problem prostituted people are no different interactions with law enforcement, Sexual assaults of people involved than any other type of perpetrator. lack of a support system, and in prostitution are hard to prosecute Understanding perpetrator deterrents to reporting inherent in the for two primary reasons: 1) societal psychology is key to understanding pimp system make it that much more attitudes toward prostitution and 2) the sexual assault of those involved in difficult for prostituted people to societal attitudes toward rape and prostitution. Perpetrators target come forward. sexual assault. victims who are perceived to be Analysis of the Crime of Sexual Many myths about prostitution vulnerable. A vulnerable victim is Assault within the Context of exist in our society. Some believe that easier to manipulate. It is easier to Prostitution coerce her, blackmail her, or force her for prostituted people, rape is a part In general, sexual assault involves into submission or compliance. of a day’s work. By paying for sex, a perpetrator who has sexual contact Perpetrators also hope to remain the perpetrator has a right to or sexual intercourse with the victim undetected. Therefore, perpetrators whatever degree of violent sex he without the victim’s consent. target victims who are unlikely to wants. Prostitutes are so damaged Consent in Wisconsin is defined as report the crime to law enforcement already that they don’t mind rough “words or actions indicating freely or won’t be believed if a report is sex. Prostitutes have no rights given agreement.” made. Perpetrators also understand anyway. Prostitutes are drug addicts. Prostitution in our criminal code Prostitutes are generally not good the economics of prostitution and use this to their advantage. Like domestic refers to a person who, for anything people. If a person decides to be a of value– prostitute, they assume the risk of violence victims, prostituted people are often dependent upon, and taken ▪ Has or offers to have or requests to sexual assault. Prostitutes are willing have nonmarital sexual intercourse to trade drugs for sex. All of these advantage of by their pimps. Pimps want to avoid attention, keep ▪ Commits or offers to commit or myths rest on underlying and requests to commit an act of sexual offensive assumptions that devalue business, and may actively discourage reporting. Perpetrators know this gratification, in public or in private, and dehumanize victims of involving the sex organ of one prostitution. information. Prostituted people, in this person and the mouth or anus of Society holds many myths about another, rape: Rape is perpetrated by analysis, are very vulnerable. It is easy to use the act of prostitution itself as ▪ Masturbates a person or offers to strangers. The victim brought on the masturbate a person or requests to assault by her actions, actions that a way to physically get the victim into an isolated physical space. Because be masturbated by a person or might include her manner of dress, ▪ Commits or offers to commit or level of intoxication, interest or prior prostitution is a crime, many involved in prostitution fear the attention of requests to commit an act of sexual relationship or acquaintance with the contact perpetrator, flirtatious behavior, etc. law enforcement and are hesitant to report an assault. Further, the lack of At first blush, consent seems Most women who make reports of complicated in these cases. If a rape have a motive to lie or make it empathy that many have for prostituted people means that few up. A victim will fight back in a “real (Continued on facing page.)

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person has accepted or agreed to stop and he doesn’t, this is sexual Focus on the Perpetrator accept money or something else of assault. If a john pays a prostituted Show the jury that this value in exchange for some sort of person for sex and restrains her perpetrator is no different than any sexual activity, does that constitute a against her will and proceeds to other perpetrator. The perpetrator word or action indicating freely given engage in sexual activity against her takes advantage of a vulnerable agreement? will, this is sexual assault. victim. The perpetrator intentionally However, by applying some Techniques or Strategies for sets up a situation in which he is universal principles about consent, Prosecuting the Sexual Assault unlikely to get caught. The the issue becomes less complicated. of Prostituted Persons perpetrator is engaging in the Consent, once given, can be behavior to gain power and control. withdrawn. Any sexual contact after Support the Victim As with other sexual assaults, consent is withdrawn constitutes Prostituted people face many forensic evidence may not help. It assault. Consent for one activity is barriers to success in maintaining may prove that sexual activity not consent for all. The safety, employment, occurred, but may not show a sexual onus is on the person Prostituted housing, and financial assault. The defense is most seeking the sexual activity people are security. While the commonly a “consent defense” (or a to determine whether surviving in a victim is facing a “john defense” in these cases). The consent has been given potentially traumatic perpetrator knew that the victim before proceeding and to state of trial, she may fear for would be unlikely to be believed and stop once the sexual oppression, a her life from her pimp engaged in conduct the jurors would partner indicates that he or system or the defendant. She judge her for or consider ‘bad.’ she no longer wants to go may be struggling to Put the perpetrator under a forward. designed for maintain life’s basic microscope. Contact others involved It is also important to perpetrators, needs such as food or in prostitution that may have had remember that, although where fear and shelter. Taking the contact with the defendant. Ask our legal system uses hopelessness victim as a whole and previous girlfriends about their where she is can help experiences. Find out about this “consent” as critical produce element, it is not an ensure her ongoing perpetrator’s selection process. Look appropriate element in the compliance… participation in the for previous criminal records or context of prostitution. in this context, criminal justice system. activities. Do everything you can to Prostituted people are consent is not Referrals to social show that on the night of this assault, service agencies, the actions of the perpetrator were surviving in a state of a meaningful oppression, a system government benefits, premeditated and planned. designed for perpetrators, concept. and/or sexual assault, domestic violence, or Pre-Trial Motions where fear and Be aggressive about pre-trial hopelessness produce compliance, other service providers can be extremely important in these cases. motions. If a rape shield law hearing and that submission is taken to mean occurs, try to make sure that the consent. In this context, consent is Multidisciplinary, Coordinated victim does not have to testify. Bring not a meaningful concept. Response other acts motions to put the focus Therefore, when any of these Prosecutions of these crimes on the perpetrator. Bring motions to things occur, it doesn’t matter benefit immensely from a protect the victim’s privacy. Make a whether money has been exchanged. coordinated response such as a sexual motion to prohibit certain kinds of So, for example, if a john pays a assault response team or similar defenses, such as propensity defenses prostitute for oral sexual activity and protocol. Medical care, advocacy, or the “john defense.” then forces her to submit to referrals, a great and victim-sensitive Voir Dire intercourse, that is rape. If a john investigation, and integrated pays a prostituted person for sex and Use voir dire to your advantage. prosecution are very effective in Make sure that starting in voir dire, then starts to be violent and is told to difficult cases. (See PROSECUTING SA, continued on page 38)

Human Trafficking: Sexual Exploitation, Prostitution, and Brokered Marriages Page 28

Prostituted and Trafficked Victims and Crime Victim Compensation

ictims of crime in Wisconsin are eligible for Jennifer Senick-Celmer V crime victim compensation if they: ▪ Suffer “personal injury” or death {Wis. Stat. sec provide their contact information for safety and 949.01(5)} confidentiality reasons. This information is necessary ▪ Are the innocent victim of a compensable crime in order to allow the Office of Crime Victim Services {Wis. Stat. sec 949.03(1)(b)} ▪ Report the crime within five days {Wis. Stat. sec. to communicate with the applicant after a claim is 948.08(1)} (This requirement may be waived in some filed. Applicants can provide an alternate address situations.) and phone number if they choose. Victims may want ▪ Submit the application for Crime Victim to use the contact information of a trusted individual or an advocacy agency that may be assisting the Compensation within one year {Wis. Stat. sec. 949.08(1)} (This requirement may be waived in some victim with filing a crime victim compensation claim. situations.) Applicants should make the Office of Crime Victim Services aware that they are providing alternative ▪ Are innocent in the commission of the crime {Wis. Stat. sec. 949.08(2)} contact information. ▪ Have exhausted all other sources of assistance (Wis. Stat. sec. 948.08(1)} Victims Involved in Prostitution ▪ Cooperate with appropriate law enforcement Prostituted individuals who are victims of crime agencies and personnel, including district are eligible for crime victim compensation if they attorneys, in the investigation of the crime {Wis. Stat. meet the above criteria. However, many advocates sec. 949.08(2)(d)} and victims worry that prostituted individuals who ▪ Cooperate with Department of Justice (DOJ) are sexually assaulted will have their claims denied personnel in processing the application {Wis. Stat. sec. 949.08(2)(f)} because prostitution might be considered ▪ Are not listed on the statewide lien docket as contributory conduct. owing child support payments, unless a payment The Office of Crime Victim Services recognizes that coercion, manipulation and violence are often plan is in place {Wis. Stat. sec. 949.08(2)(g)} used against individuals in prostitution and that Victims of Trafficking prostitution is in and of itself a form of violence A victim of trafficking is eligible for crime victim against women. The Crime Victim Compensation compensation under Wisconsin law if eligible Program considers this information in determining according to the above criteria. Immigration status is eligibility. It encourages advocates and victims to not a factor for crime victim compensation eligibility. point out these dynamics as related to the individual This means that individuals who are undocumented claim when submitting their applications. and/or have entered the US without papers are considered victims of crime and their crime victim The Right to Appeal compensation claims will not be denied based solely If the Crime Victim Compensation Program on immigration status. denies a claim, the victim has a right to appeal. The Applicants should not be deterred from applying victim has 30 days to request in writing a by the request for the victim’s social security number reconsideration by the Crime Victim Compensation on the application form. This is used to determine if Program. When requesting a reconsideration, the an individual is listed in the child support lien docket. victim must notify the program of disputed facts. If It is not required to determine eligibility for the program director does not change the decision, compensation. the victim may seek a hearing before an The Office of Crime Victim Services encourages administrative hearings examiner. A final appeal may victims of crime applying for Crime Victim be made to the circuit court. █ Compensation to provide as much information as For more information on crime victim they can. Trafficked victims may be hesitant to compensation visit www.doj.state.wi.us/cvs/

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(WAR, continued from page 20) A common method of trafficking Korean women into whole once again.”46 Durable peace is widely the US for this purpose is through “sham marriages” identified as a primary tool for prevention of violence with US military. Law enforcement officials name against women.47 A culture of violence can only “sham marriages” with servicemen as one of the inspire more violence. primary methods that traffickers use to get women into the United States.55 South Korea The US has had troops in South A high proportion of the Korean women used in US Korea since 1945; today there are massage parlors were originally married to US approximately 100 US military servicemen. Traffickers pay servicemen to bring bases throughout South Korea Korean women into the US through sham marriages. with 37,000 troops.48 From the In other cases, traffickers and pimps target Korean 1950s to 1970s, the US Forces in women who are abandoned or divorced by US military 56 Korea (USFK) and the Republic personnel. In the 1980s, the US Army reported that of Korea cooperatively set up “rest the decade produced 25,000 marriages between 57 and relaxation” centers for US troops. The official Korean women and US soldiers. Although many of purpose for these centers was to “provide these marriages start with good intentions, 80 percent entertainment and improve the morale of the of them end in divorce, leaving the Korean woman troops.”49 Prostitution thrived around these “rest and isolated and vulnerable to the traffickers or pimps that 58 relaxation” centers.50 According to one estimate, over target them. In some cases, Korean women have a million Korean women have been used in reported being sold by their husband after arriving in 59 prostitution by US troops since World War II ended.51 the US. Many of the massage parlors with Korean women are located around military bases in the US.60 The economic turmoil, social and political unrest has made women in South Korea extremely vulnerable to Conclusion sexual exploitation. However, as circumstances International law has substantially evolved, but has yet improve in the region, perpetrators are looking to enforce safety for women and girls. Before we are internationally for women to exploit. Demand for able to create an effective system of protection for the prostitution has led to transnational trafficking of victims and prosecution of perpetrators, the women into South Korea. Women from Bolivia, Peru, international community must confront the societal Mongolia, China, Bangladesh, Kyrgyzstan, Uzbekistan, and cultural attitudes that make women and girls the Philippines, and the Russian Federation have been vulnerable to such abuse. In order for laws to be trafficked into South Korea.52 relevant to a community, the community must be willing to support those laws. The community must US military bases have become an international hub understand what is needed to protect women and girls for trafficking of women for prostitution and sexual from violence and how to prevent abuse in the future. exploitation.53 Trafficking in women is the third most Members of the community must also be willing to lucrative moneymaker for transnational organized hold the perpetrators accountable – there can be no crime networks – right behind drug and arms more hiding behind archaic attitudes of gender trafficking.54 Thousands of Korean women are inequality and female submission. █ trafficked into the US and used in US massage parlors.

46 Marion and Werchick, p12 53 Hughes, Chon, Ellerman, p2 47 Marion and Werchick, p19 54 Hughes, Chon, Ellerman, p2 48 Hughes, Donna M., Katherine Y. Chon, and Derek P. Ellerman, 55 Hughes, Chon, Ellerman, p10 Modern-Day Comfort Women: The US Military, Transnational 56 Hughes, Chon, Ellerman, p9 Crime, and the Trafficking of Women, 2004, p3 57 Hughes, Chon, Ellerman, p10 49 Hughes, Chon, Ellerman, p3 58 Hughes, Chon, Ellerman, p10 50 Hughes, Chon, Ellerman, p3 59 51 Hughes, Chon, Ellerman, p4 Hughes, Chon, Ellerman, p10 60 52 Hughes, Chon, Ellerman, p5 Hughes, Chon, Ellerman, p12

Human Trafficking: Sexual Exploitation, Prostitution, and Brokered Marriages Page 30

BEST PRACTICES FOR HELPING A WOMAN IN PROSTITUTION OBTAIN A RESTRAINING ORDER Christina Bokas, Kathryn Gapinski and Sheila Simhan

woman involved in prostitution may have experienced abuse throughout her life by caregivers, family members, and partners. She may have had negative past experiences with services providers and the legal A system. Her family and friends may not know about the prostitution due to the fear they may judge her and will not understand her reasons for being involved in prostitution. Women in prostitution also experience many forms of abuse, both by pimps and by clients. Filing a restraining order may be one step in the process of protecting her from that abuse. The first part of this article is an overview of the restraining order options in Wisconsin. The second part focuses on barriers a woman in prostitution may face when seeking a restraining order.

This document, created by the Wisconsin Coalition Against Domestic Violence, does not constitute legal advice.

or repeatedly committing acts A. OVERVIEW OF 1. Domestic Abuse Restraining Order §813.12 which harass or intimidate another RESTRAINING ORDERS IN person and which serve no WISCONSIN An adult can obtain a domestic abuse restraining order against legitimate purpose; A restraining order is a court order another adult for one of five reasons: ▪ Engaging in an act that would prohibiting one person from having ▪ Intentional infliction of physical constitute abuse under 48.02(1) contact with or taking some other pain, physical injury or illness; [see child abuse restraining order action toward or against another ▪ Intentional impairment of physical definition below]; person. Most people in Wisconsin st condition; ▪ Sexual Assault under 940.225 [1 obtain a restraining order through a through 4th degree] ▪ A violation of 1st, 2nd, 3rd or 4th two step process. The first step is to ▪ Stalking under s. 940.32; or obtain a temporary restraining order degree sexual assault under ▪ Attempting or threatening to do (TRO). If the TRO is granted, the 940.225 any of the above. second step is to hold an injunction ▪ Damage to the property of that hearing at a later date. If the court person; Wisconsin law does not specify finds that the petition meets the ▪ A threat to engage in any of the whether the party requesting the mandates of the law, the court will conduct above. harassment order must be an adult order the restraining order at the or child. The practice varies from 2. Harassment Restraining injunction hearing. By law, a court county to county. However, the law can order an injunction for no more Order §813.125 does say a person can get a than four years for a domestic abuse, A person can obtain a harassment harassment restraining order against harassment or individual at risk restraining order against another a child. injunction, and two years or up to person if one of these circumstances the age of 18 for a child abuse occurs: 3. Child Abuse Restraining injunction. Wisconsin offers four ▪ Striking, shoving, kicking or Order §813.122 types of restraining orders for otherwise subjecting another A child abuse restraining order can individuals seeking personal person to physical contact or be obtained by: a child victim; a protection. attempting or threatening to do parent; stepparent; a legal guardian the same, and ▪ Engaging in a course of conduct (Continued on facing page)

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of the child victim; or a guardian ad adult at risk under s. 49.90(5m); or establish an official record of the litem in matter involving a child 1. The interference complained of, if abuse that may be useful at a later found to be in need of protection or continued, would make it difficult time. services. to determine whether abuse, financial exploitation, neglect, or However, filing a restraining order A child abuse restraining order can might also have disadvantages for be obtained for any of these reasons: self-neglect has occurred, is occurring, or may recur; or your client. She may be reluctant to ▪ Physical injury inflicted on a child explore legal remedies if she has had by other than accidental means; 2. Abuse, financial exploitation, negative past experiences with the ▪ Sexual intercourse or sexual neglect, harassment, or stalking of legal system—especially the criminal contact under 940.225 or 948.02. an individual at risk or the justice system. You should notify mistreatment of an animal. Abuse ▪ Sexual exploitation of a child your client that she must come to includes the following: physical under 948.05; court and will probably have to abuse, emotional abuse, sexual testify. The victim might be ▪ Permitting, allowing or abuse, treatment without consent, encouraging a child to violate the reluctant to testify in court if she is and unreasonable confinement or ashamed or embarrassed to discuss prostitution statute, 944.30; restraint. See § 46.90(1). ▪ Causing child to view or listen to the abuse, or if she fears that she will sexual activity under 948.055; B. POTENTIAL BARRIERS be blamed for the abuse. She may fear that the court system and the ▪ Causing a child to expose or FOR WOMEN IN police will not believe her or will be exposing a child to one’s genitals PROSTITUTION SEEKING unsympathetic to her, or that they or pubic area under 948.10. A RESTRAINING ORDER will disregard or trivialize what has ▪ Emotional damage If your client is involved in happened to her. ▪ Manufacturing methamphetamine prostitution, you should be sensitive when the child is physically to the barriers she may experience in Not only might she fear being present, on the premises, or under filing a restraining order. While a judged by the court system and any circumstances where the child restraining order may be a good police, there is the fear that filing a can smell, hear or see. course of action to protect her from restraining order could disclose her ▪ Threat to engage in any conduct further abuse or harassment, it may involvement in prostitution to her above. create problems or complications in friends and family. Once a other areas of her life. It is restraining order petition is filed, it 4. Individuals at Risk important to remember all of her becomes public record. If she has Restraining Order §813.123 reality. divulged her involvement in prostitution in her restraining order An individual at risk restraining Talking to your client about and she has children, she may risk order can be obtained by an getting a restraining order having her children taken away in individual at risk; any person acting family court. on behalf of an individual at risk; an One way that you can help your elder-adult-at-risk agency; or an client is to explain the potential As with any petitioner, notify your adult-at-risk agency against an adult advantages and disadvantages of client that the abuser might come to for any of these reasons: filing a restraining order. It is your court and deny her accusations. The Interference with, or based on prior job to make sure that your client is abuser will get a copy of the petition conduct of the person may interfere fully informed and to keep the and will read all the statements in it. with, an investigation of the choice in her hands. There are Filing a restraining order might put individual at risk, the delivery of several advantages to having a her in greater danger if it makes the protective services to the individual restraining order. Your client might abuser more violent. In addition, she at risk under s. 55.05, the delivery of wish to file a restraining order to may be subject to peer or gang protective placement under s. 55.06, protect herself from further abuse or retaliation. Explore the tactics used or the delivery of services to an elder harassment, to get more effective by the abuser. These abusers are response from police, and to (See BEST PRACTICES, page 33)

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(BEST PRACTICES, continued from page 32) “When I was on a date with (name),” abuse that would make your client described as exceptionally skillful and then explain the abuse that eligible for a harassment restraining and wily. Survivors of prostitution occurred. Or she can simply state, order. When describing the abuse say, “if they know how to get you “On (date), he (verbs such as hit, on the petition form, encourage her out on the streets, they know how to punched, strangled, etc…) me.” If they to focus on the abuser’s specific get around the system.” Often a did not date, check to determine if actions. If the abuse was physical, pimp or trick abuser may use one or they meet any other relationship encourage her to use strong action more third persons who they direct criteria (see above restraining order verbs such as beat, punched, to perpetrate the abuse. summary). whipped, pummeled, burned, strangled, etc... Furthermore, if she is involved in If a dating relationship is not criminal activity, filing a restraining established and the abuser is not a Attending the injunction hearing order could make her vulnerable to spouse, former spouse, person During the hearing, the focus should criminal prosecution. Unfortunately, currently or formerly living with her, be on the abuse your client is it is difficult to predict how each or person with whom she has a child experiencing and why she needs a court might react. Some judges may in common, then she is not eligible restraining order against her abuser. be sympathetic to your client’s for a domestic abuse restraining If the focus shifts to her relationship situation. However, even if the order. However, she will likely be with the respondent, there are judge is sympathetic, other members eligible for a harassment restraining several objections which might of the criminal justice system may order. apply. seek to have charges filed against The harassment restraining order If the judge or court commissioner your client for engaging in petition does not require that your prostitution. tries to question her or the client disclose her relationship to the respondent about the nature of the Assisting to complete the petition abuser. While a context for the relationship, she can object on the If your client decides she would like abuse may help the court, your client grounds of relevance (i.e., she tells to pursue a restraining order, there does not need to state that her the court the question is not are some things you can do to abuser is her pimp or a john. If the relevant). If the pimp or john minimize her risks of getting in abuse happened when she was accuses your client of criminal trouble. When filling out the prostituting, she does not need to behavior, such as exchanging money restraining order petition, use state this in the petition. for sex or stealing money to buy language that does not implicate your If your client is an individual at risk drugs, she can object by saying “This client in criminal activity: (see above restraining order testimony is not relevant” or simply “Objection. Relevance.” The domestic abuse restraining summary), the individual at risk order petition requires that the petition does not require that your If the pimp or john offers a victim mark a box indicating her client list the relationship to her statement that someone else told relationship to the abuser. Your abuser. While the court may want him outside of court to show her client must establish a relationship some context for the abuse, she does involvement in criminal activity, she with the abuser that meets at least not need to disclose that she knows can object and say, “Objection. one of the criterion listed (see above the person as a result of prostitution. Hearsay.” “Hearsay” is an out of restraining order summary). If she is Regardless of the type of restraining court statement made by a third being abused by a pimp or a john order your client chooses to file, she party. Bring the focus back to the who she has seen on more than one must establish the abuse that abuse; the hearing is about the occasion, she could check that the occurred. The abuse must meet at behavior which causes this person to respondent is “a person with whom least one of the criterion listed for seek protection—not about any of I have or have had a dating that type of restraining order (see her alleged criminal behavior. █ relationship.” She does not need to above restraining order summary). disclose that she is being abused by a For example, stalking is one form of pimp or a john. She can write,

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(OVERVIEW OF LAWS, continued from page 26) enforcement’s response to trafficking. Such taskforces that victims cannot be expected to report with law also may develop a statewide plan to combat trafficking enforcement and cooperate with prosecution unless by coordinating efforts between law enforcement, victim states meet victims’ most basic needs for safety and service agencies, and governmental human service services. agencies. Some Several states make victims eligible for benefits and taskforces also are hen a battered services such as shelters, legal assistance, translators, and charged with creating W woman sustains certain public health and human services benefits. Some training requirements the abuse of one man states also prohibit victims from being detained in specifically for human for economic survival criminal detention facilities. A small number of states trafficking, usually for for twenty years, not also immunize victims of trafficking from criminal law enforcement. even this legal system prosecutions for offenses that were a direct result of their Conclusion believes she consents victim status. An effective to the abuse anymore... Some states also address the financial devastation partnership between Perhaps when women endured by victims by creating strong restitution federal and state in prostitution sustain provisions. Such restitution provisions allow courts to governments is essential the abuse of thousands order traffickers to pay victims for the amount of in order to adequately of men for economic “wages” they are owed and for their labor, costs for combat human survival for twenty physical and mental health treatment, compensation for trafficking in our years, this will, at some emotional distress, and numerous other costs associated country. The majority of with victimization.7 Other states have also created a point, come to be states have recognized understood as non- civil cause of action that allows victims to sue traffickers that they have an in civil court in order to recover damages incurred as a consensual as well. important role to play in result of trafficking. this struggle and have “Prostitution and Civil The Polaris Project and Freedom Network (USA) passed some form of Rights” – Prostitution model laws suggest that states adopt several other human trafficking statute. protections for victims. While only a minority of states Research and Education, These statutes vary in 2006 have adopted such protections and benefits provisions, their breadth and quality. the growing trend among states is to include at least some Many states have taken a victim protections as awareness about victim dynamics in conservative approach to trafficking legislation by regard to trafficking increases, which is encouraging. In focusing only on criminalization of trafficking without fact, several states that already passed criminalization providing important provisions regarding victim statutes recently introduced or passed new legislation to protection, data collection, or statewide planning. Very further strengthen victim protection provisions. little evidence currently exists to judge the efficacy of Data Collection and Statewide Planning existing state trafficking laws, so much research and Several states also require the creation of a taskforce evaluation of these laws is needed in order to decide what to develop a statewide response to human trafficking and the model response to trafficking is. Wisconsin currently collect data about the extent of trafficking in the state. If does not have a human trafficking statute, but will no federal trafficking case has been prosecuted in a state, hopefully join the growing trend of states to combat it is difficult for the public and policymakers to trafficking by passing trafficking legislation in the near understand that trafficking affects their state. These future. The Wisconsin Coalition Against Sexual Assault taskforces generally consist of both governmental and and the Wisconsin Coalition Against Domestic Violence non-governmental organizations that work together to are committed to working with the state legislature to study the nature and extent of trafficking in the state, the pass the most robust, victim-sensitive state trafficking adequacy of available victim services, and law legislation as possible. █ 7 See Resource Guide for State, Model Provisions for State Anti-Trafficking Laws, National Institute of State Policy on Trafficking of Women and Girls, July 2005, p. 4 at http://www.centerwomenpolicy.org/pdfs/TraffickingResourceGuide.pdf 8 See Ferrell at pp. 26-27. 9 See Revised Code Washington sec. 7.68.350

Human Trafficking: Sexual Exploitation, Prostitution, and Brokered Marriages Page 34

(CHILD VICTIMS, continued from page 12) satisfying their addiction. Pimps use drug addiction constant need for external validation. 17 Oftentimes, to coerce children to stay in prostitution. The it is a pimp or another abusive adult that the child complex dynamics of childhood prostitution clings to for love and requires more than a validation. legalistic approach.20 omen in prostitution Since girls experience sexual have no police In 1992, the Commission abuse at a higher rate than protection because on Human Rights adopted boys, they are more likely to be the Programme of Action vulnerable to prostitution.18 they are criminals, for the Prevention of the Wmaking pimps’ protection Many young girls end up in the Sale of Children, Child system for minor offenses such racket both possible and Prostitution, and Child as running away or abusing necessary. In addition to Pornography. The drugs and alcohol which they being able to inflict physical Programme’s approach often commit to escape being abuse with impunity, pimps focuses on improving victims of sexual and physical information and education, violence at home. Once on the confiscate the women’s rehabilitation and street, they encounter sexual earnings and isolate them reintegration, and abuse from their pimps or even beyond the stigma they cooperation among law tricks. carry. The women then have enforcement, government,

nowhere but pimps to turn to local service organizations, Community Responsibility 21 bail them out after arrest, and the legal system. he United Nation’s Sexual Exploitation of leaving them in debt for their The proposals set forth by Children report discusses fines which must then be the Programme of Action the “chain effect” of worked out in trade. Thus the can be used in most prostitution.T The term “chain law collaborates in enforcing communities around the effect” is used to describe the women’s involuntary servitude world. Informational and educational campaigns to “linkage between various forms by turning the victim of of malpractice and the fact that increase awareness of abuse peonage into a criminal. in our communities and the one form may lead to another.”19 The chain effect is tragic effect it has on our most evident in the case of “Prostitution and Civil children is a good place to child abuse, where the abused Rights” – Prostitution start. Informing citizens of child may subsequently become Research and Education, 2006 local programs and services an abuser. This is shown to for victims, how to report cause family disintegration, sexual or physical abuse, which may compel children to and making known the run away and resort to prostitution as a means of penalties for the perpetrators are all important survival. Children in this situation are more likely to strategies for a community to understand. Perhaps abuse drugs or alcohol, which in turn leads to the most important information to clarify to our greater dependence on prostitution as a means of (Continued on facing page.)

17 Child Abuse and Neglect Report, 2003 20 Sexual Exploitation of Children, p4 18 Pathways to Youth Violence, p9 21 Sexual Exploitation of Children, p4 19 Child Abuse and Neglect Report, 2003

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communities is that these children do not “choose” dependent on effective anti-poverty strategies, prostitution, but are abandoned to it by a culture improved information, education, community that ignores the trauma and violence these children consciousness-raising and mobilization, satisfaction have survived. Many of the adults they grow up to of basic needs, and skills training. The Programme become do not choose of Action suggests efforts should be prostitution for any other reason made to improve the social, than survival – prostitution does rostitution economic, and working conditions not define who they are; it is a and the sex of parents whose children are behavior, a symptom of trauma industry victims of sexual exploitation.23 and abuse. promote the This requires all levels of The cycle will not be broken Pmyth that male government to confront poverty in without proper treatment for sexuality must be their communities. children. Without support and satisfied with a In many communities, law treatment, a child may never come supply of women and to know any other way of life. enforcement would prefer to send children who can be The specific needs of children children in this situation to who have been victims of sexual bought. treatment for abuse, addiction, and job skill training – however, most exploitation must be taken into This demands the account in developing these communities lack these youth creation of a group of 24 programs. If the trauma specific programs. Without experienced as a child is not women who are proper treatment, the emotional addressed, the child is more likely legitimate targets for trauma these young children as an adult to repeat the abuse he rape and sexual experience will continue to or she suffered during childhood. exploitation. perpetuate the cycle of incarceration. Programs designed Communities must call for the Monica O’Connor and mobilization of law enforcement to help children often lack the Grainne Healy, The Link against the exploiters of children. resources to get involved early “This is inevitably shaped by the between Prostitution and enough. The lack of funding need to examine factors Sex Trafficking: A constrains services to react to crisis conducive to behavioral change; Briefing Handbook, 2006 only, not to address prevention and criminal sanctions alone will not the underlying issues.25 suffice if there are psychological The link between child sexual abuse and other reasons leading to and prostitution is overwhelming. The certain types of behavior which cannot be cured by psychological and physical impact of the abuse fines and prison sentences.”22 The problem of child forces children to run away from home seeking sexual exploitation is a complicated one that points safety. Taking a child into custody will not stop the to deeply rooted problems in individuals and society. next sexual assault of a child from happening. It is Law enforcement cannot approach the issue as it our responsibility to ensure the safety of every child would any other violation. – and that means digging deeply into our culture to Prevention is crucial in addressing the problem of weed out the circumstances and behavior that makes child sexual exploitation. Prevention policies are a child vulnerable to sexual exploitation. █

22 Sexual Exploitation of Children, pp8-9 23 Sexual Exploitation of Children, p3 24 Programme of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography, 1992 25 CATW, 1997

Human Trafficking: Sexual Exploitation, Prostitution, and Brokered Marriages Page 36

HUMAN TRAFFICKING: SEXUAL EXPLOITATION, PROSTITUTION, AND BROKERED MARRIAGES Contributors to this publication include: Christina Bokas, Former Legal Intern, Wisconsin Coalition Jennifer Senick-Celmer, Senior Systems Advocacy Specialist, Against Domestic Violence (WCADV) WCASA Kathryn Gapinski, Former Legal Intern, WCADV Eva Shiffrin, Executive Director, Fair Wisconsin, Madison, and Former Staff Attorney, WCASA Tiffany Lodholz, Disabilities and Aging Program Coordinator, Wisconsin Coalition Against Sexual Assault (WCASA) Sheila Simhan, Former Legal Intern, WCADV Jan Miyasaki, Director, Project Respect, Madison, WI ▪ This publication was coordinated and edited by Shira Phelps. Mike Murray, Policy Specialist, WCASA ▪ Excerpts from “Prostitution and Trafficking in Women: an Intimate Relationship” by Dorchen A. Leidholdt, were Shira Phelps, Former Legal Intern, WCADV reprinted with permission from the author. Ms. Leidholdt is Project Respect Editorial Advisory Board: Co-Executive Director of the Coalition Against Trafficking in Annette Bland; Donna Braxton; Yasmin Horton; Women, New York, NY. Casey Klund; Leslie Meier

WISCONSIN COALITION AGAINST DOMESTIC VIOLENCE

BOARD OF DIRECTORS 2007– 2008 Chair: Cheryl O’Neil Cindy Cochran Chair Elect: Rose Vatland Irene Fallon Recorder: Kathryn Chapman Kathy Herbst Treasurer: Nicole Morales Lisa Krenke Open Seats: Marilyn Alloway Gale White 307 S. Paterson Street, Suite 1 Rose Barber-Minano Mai See Xiong Madison, WI 53703 Debra Bracklin Butler Phone 608-255-0539 Fax/TTY 608-255-3560 www.wcadv.org STAFF Executive Director: Patti Seger Director, Legal Program: Tess Meuer Accountant: Linda Baaske Program Assistant: Cheryl Moskoff Director, National Clearinghouse Outreach Coordinator: Valerie Nash on Abuse in Later Life (NCALL): Bonnie Brandl Immigration Project Attorney: Lourdes Nerios Technology Coordinator: Vicki Berenson Rural Technical Assistance Specialist: Beth Plautz Children & Youth Program Coordinator: Ann Brickson Primary Prevention Coordinator: Susan Ramspacher Front Desk Assistant: Lynne Butorac Immigrant Project Assistant: Gricel Santiago-Rivera Program Training & Grants Manager: Colleen Cox NCALL TA Specialist: Deb Spangler WI Aging & Disability Specialist: C. J. Doxtater NCALL TA Specialist: Ann Turner Operations Manager: Sue Hemling Fund Development Coordinator: Mary Jo Vandelune Front Desk Assistant: Tanya Jones Community Response Coordinator: Tara White Immigration Attorney: Saejung Lee Director, Finance & Admin.: Teresa Weinland-Schmidt Director, Social Action & Policy: Josh Freker Director, Member Services: Diane Wolff Immigration Project Attorney: Sarah Mazzie-Briscoe NCALL Program Assistant: Michelle Zallar

Page 37 October 2007 • WCASA • WCADV • Connections • Educational Journal

WISCONSIN COALITION AGAINST SEXUAL ASSAULT

BOARD OF DIRECTORS 2007– 2008 President: Susan Turell Dawn Helmrich Vice President: Linda Selk-Yerges Rosemary Jadack Secretary: Jessica Lind Sandra Krajewski Treasurer: Yvonne Schilsky Kathleen Lhost Open Seats: Dixie Clifton Sherrie Paulson-Tainter 600 Williamson Street, Suite N-2 Debbie Donovan Faye Schouten Madison, Wisconsin 53703 Barbara Fischer Lyn Sporleder Phone 608- 257-1516 TTY 608-257-2537 Maureen Funk Fax 608- 257-2150 www.wcasa.org STAFF Executive Director: Linda Morrison Program Development Coordinator–Northern: Ann McKinley Office Manager: Kathleen Brandenburg Associate Director: Armintie Moore-Hammonds Office Assistant: Suzie Everett Policy Specialist: Mike Murray Coordinated Community Response Coordinator: Jill Groblewski Media and Communications Specialist: Tom Powell Program Development Coordinator: Joanna Gurstelle Senior Systems Advocacy Specialist: Jennifer Senick-Celmer Finance Manager: Bridgit Jordan Staff Attorney: Ian Henderson Training and Event Coordinator: Sheila Kirschbaum Program Development Coordinator: Michelle Watkins Disabilities and Aging Program Coordinator: Tiffany Lodholz

(PROSECUTING SA, continued from page 28) who thought he could get away with reporting barriers in a sexual assault you both put the focus on the it. Help the jury understand in voir of a prostituted person may also perpetrator and help them feel dire that rape is terrifying and that necessitate an expert in the dynamics empathy for the victim. Get a even women who have a tough veneer of prostitution, if relevant to the case. commitment from the jurors that at the moment of the rape are terrified Use Direct Examination to your every person in the community and helpless in the face of the assault. Advantage deserves the protection of law. Start Use Experts at Trial helping the jury to understand that the The “bad” issues in the case Use experts to help the jury perpetrator isn’t just some guy caught should be addressed directly and used understand prostitution and victim up in a misunderstanding. This guy to create sympathy for the victim. affect. Prostitution victims may show receives sexual gratification through Direct examination of the victim can high levels of counterintuitive victim violence and that is unacceptable— help the jury see beyond her tough behaviors. They may display little period. exterior and her history and instead emotion, seem distant or numb, or see her pain and vulnerability. Start talking and asking questions express a lot of anger. For a woman For these cases, it is extremely about the nature of consent and the involved in prostitution, this type of ability to set limits on sexual activity. important for the prosecutor to behavior is common when faced with develop a great rapport with the Voir dire can help demystify a difficult situation. Many prostituted prostitution and allow the prosecution victim. When you believe in the people come across as “tough” or victim, you will be able to convey to a to start showing the jury what the jaded. It is up to the prosecutor to “real” victim looks like in this case— jury through direct examination that help the jury to see the incredible pain rape is never acceptable. It is not true most likely a vulnerable prostituted that lies underneath. As with any women with multiple barriers, a that because the victim is involved in counterintuitive victim reactions, this prostitution, her body isn’t sacred. █ woman who was brutalized by a man may require experts. The specific

Human Trafficking: Sexual Exploitation, Prostitution, and Brokered Marriages Page 38

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U.S. Department of Justice. 2004. Report to Congress from Attorney General John Ashcroft on U.S. Government Efforts to Combat Trafficking in Persons in Fiscal Year 2003. Washington, D.C.: U.S. Department of Justice.

WISCONSIN COALITION AGAINST SEXUAL ASSAULT, INC.

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