CALIFORNIA STATE UNIVERSITY, NORTHRIDGE
Commercial Sexual Exploitation of Children Portrayed in the Media: 2000 through 2017
A graduate project submitted in partial fulfillment of the requirements
For the degree of Master of Social Work
By
Amber Gutierrez In collaboration with Lucy Castro
May 2018 The graduate project of Amber Gutierrez is approved:
______Dr. Wendy Ashley Date
______Dr. Alejandra Acuña Date
______Judith A DeBonis, Chair Date
California State University, Northridge
ii Dedication
To my amazing family and friends. Know that without your love, support, patience, and your wonderful words of wisdom, I don’t think I would have succeeded in all the ways that I have. ¡Los quiero bien mucho! A special thank you to my incredible partner Lucy, all those sleepless nights and meetings at the coffee shop was the result of this paper. I truly thank you! My complete gratitude to professor DeBonis, I thank you for your guidance and endless support in helping Lucy and I to be able to write about such a marginalized population that does not receive the attention it deserves. My expectation for this paper is to bring awareness of the misperception commercial sexual exploitation of children receives from the media. My hope is for readers; particularly those in the helping profession to be mindful when interacting with a child who has been sexually exploited- these are children not criminals.
iii
Table of Contents
Signature Page ii
Dedication iii
Abstract v
Introduction 1
Literature Review 3
Method 12
Results 16
Discussion 27
References 33
Appendix A: Research Questions 40 Appendix B: Joint Addendum Form 42
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Abstract
Commercial Sexual Exploitation of Children Portrayed in the Media: 2000 through 2017
By
Amber Gutierrez
Master of Social Work
Commercial Sexual Exploitation of Children is a social problem that has only recently started gaining significant attention. This project examined how the media’s portrayal of CSEC has changed during the years 2000 through 2017. Using archival data, this study examined 18 episodes of Law & Order: SVU to gather data to determine if the media’s perception of CSEC is aligned with clinical social work practices. Researchers constructed a template with topics that assisted them in identifying the language being used to describe CSEC and exploiters such as: child prostitution, sex workers, juvenile delinquents, pimps, traffickers, and exploiters. Using this tool, researcher compared if identification of CSEC has changed over time between 2000-2017. Researchers found the program was aligned with clinical language and stereotypes to describe the exploiter and
CSEC youth. Media guidelines were also lacking when reporting on CSEC and would be helpful so as to have more uniformity.
v Introduction
Children tend to be thought of as innocent and so it may be hard to imagine high incidents of children who are sexually exploited in the United
States. While there is no exact number as to how many children are sexually exploited, it is estimated that 100,000 children are at risk of sexual exploitation in the United States each year, and the average age of when a child is initially subjected into sexual exploitation is 12-14 years old (Moore, Houch, Hirway,
Barron & Goldberg, 2016). Only recently, with such disturbingly high statistics being reported on Commercial Sexual Exploitation of Children (CSEC), more attention has been directed at this population as a social problem.
The advent of television has changed the landscape of how information has been disseminated to millions of individuals and the media plays an important role in how it represents important topics, such as polices, politics and even child sexual abuse (Weatherred, 2015). The representation of the
CSEC population in the media is significant to understand because the media has the power to influence societal views (Kitzinger, 2004). If the media only presents certain aspects of CSEC, it can distort the public’s view of sexually exploited youth and misses the opportunity to educate.
Due to this influence and the complexity of CSEC, it is vital the media does not dehumanize commercially sexually exploited youth. Instead it should portray them with dignity and worth, and with an understanding of the importance of human relationships (Workers, N.A., 2008). Without this understanding, it could cause the public to distance themselves from the
1 problem and therefore not viewing it as a social issue.
Researchers will be examining episodes of Law and Order: Special
Victims Unit (L&O: SVU) to help determine how CSEC is represented in the media. Researchers chose this particular television show because it discusses topics of physical and sexual abuse and neglect of children. Also, with the show being on its 19th season, this demonstrates its popularity with an average of 5.8 million viewers from around the world (Schultz, 2017). In addition, numerous episodes are based on real-life-controversial headlines in the media.
Furthermore, the program is favored by many viewers and L&O: SVU has earned many prestigious awards such as the NAACP Image Awards for
Outstanding Drama Series in 2012, the Prism Award and the GLAAD Media
Award (NBC, 2018).
It is expected that the media’s portrayal of CSEC is less accurate than clinical observations and descriptions. For example, the media referring to the youth as “prostitutes” or arresting the youth for solicitation of sex may be harmful to the individuals that have been victims of commercial sexual exploitation. Thus, our qualitative research project will examine how the media’s portrayal of Commercial Sexual Exploitation of Children has changed during the period of 2000 through 2017. This study will help educate the public and law enforcement to dispel preconceived notions of this vulnerable population. Furthermore, it may assist in supporting awareness to media executives, producers, editors and writers. Lastly, our research may show that there is a need for social workers and other helping professionals to collaborate
2 with the media to advocate for positive representation of CSEC.
Literature review
Defining Commercial Sexual Exploitation of Children
CSEC falls under the umbrella of human trafficking, which is defined as the use of force, fraud or coercion to induce an individual to engage in a commercial sex or forced labor (Miller-Perrin & Wurtele,
2016). Human trafficking can include forced labor, slavery, and sexual exploitation (Miller-Perrin & Wurtele, 2016). Furthermore, individuals under the age of eighteen who are made to engage in commercial sex are automatically considered victims of human trafficking, even if the use of force, fraud, or coercion is not present (Miller-Perrin & Wurtele, 2016).
Federal law defines child sex trafficking as the recruitment, harboring, transportation or obtaining of a person, who is under the age of 18 years, for a commercial sex act and the act, is induced by force, fraud or coercion. (Hardy, Compton, & McPhatter, 2013). Additionally, a commercial sex act is defined as the act of a sexual nature committed against an individual for financial or other economic reasons. (Miller-
Perrin & Wurtele, 2016). It is the commercial aspect of sexual exploitation that makes sex trafficking different than other sexual crimes such as molestation and rape. (Miller-Perrin & Wurtele, 2016). Thus,
CSEC is defined as sexual crimes committed against children under the age of 18 for financial or other economic reasons (O'Brien, Givens, &
Leibowitz, 2017). These crimes can include prostitution, pornography
3 and other forms where a child engages in sexual activities in order to have their fundamental needs met, such as food or shelter. (O'Brien, et al, 2017).
Additionally, researchers are sensitive to the fact that all CSEC identify as victims. Both researchers have similar views as the non-profit organization Rape, Abuse & Incest National Network (RAINN), which is the nation's largest anti-sexual violence organization (RAINN, 2018).
RAINN identifies victims as those who have recently been affected by sexual violence; where as, survivors are identified by the organization as someone who has or is already in the process of recovery form a sexual crime. Based on the above definition, the youth in L&O: SVU are considered victims (RAINN, 2018). Therefore, throughout this paper, researchers will refer to CSEC as victims instead of survivors.
CSEC Related Legislation
CSEC is a global issue and a shocking violation of human rights.
Although it is thought to be an issue that does not happen domestically and is only occurring in third world countries, data shows that this is quite the opposite (Hardy et al., 2013). The Federal Bureau of
Investigation has recognized sexual exploitation of children as a growing business and has estimated it to be a $32 billion dollar per year industry
(Child Welfare Council, 2017). In addition, the cities of San Francisco,
Los Angeles, San Diego and New York have all been identified as cities
4 that have a high concentration of child exploitation in the United States
(Walker, 2013).
The first federal legislation passed to protect victims of trafficking and to prosecute their traffickers was the Victims of Trafficking and
Violence Protection Act of 2000 (TVPA) (2000) (P.L. 106-386). The
TVPA helps to fight human trafficking by sponsoring three main components: Protection, Prosecution and Prevention (Miller-Perrin &
Wurtele, 2016). This act helped to promote harsher laws to prosecute traffickers, more methods to protect the victims and prevention to raise awareness to the atrocities of human trafficking (Miller-Perrin & Wurtele,
2016). Despite this law being amended several times, CSEC was not specifically addressed until 2013 (Roby, & Vincent, 2017). The
Trafficking Victims Protection Reauthorization Act (TVPRA) of 2013 allowed law enforcement to prosecute United States citizens living in other countries who commercial sexually exploit children (ATEST,
2017). It also allowed state and local law enforcement to work together to make it easier to charge and persecute traffickers (ATEST, 2017).
Moreover, state legislations have been passed to specifically address CSEC. In 2008 New York passed the Safe Harbor for Exploited
Children Act, which specifically states that children under 18 involved in commercial sexual exploitation are victims of sex trafficking
(Legislation concerning CSEC, 2013). This law also removed CSEC victims from the criminal justice and juvenile systems and provided the
5 victims with specialized services, while also strengthening penalties against traffickers (Legislation concerning CSEC, 2013).
Furthermore, in 2010 the Texas Supreme Court became one of the first to rule, that a “child below the legal age of consent cannot be found guilty of prostitution” (Wasch, Wolfe, Levitan & Finck, 2016, p. 11).
The court determined that the legal age of consent is 14 and above
(Wasch, et al, 2016).
Additionally, in 2014 California passed Senate Bill 855 (SB 855), which helped create the Commercially Sexually Exploited Children
Program. This bill allowed funding to counties to create training, prevention and intervention services to youth who are commercially sexually exploited or at risk of becoming commercially sexually exploited. (ACL-16-85, 2016). Additionally, California required counties to implement policies and procedures related to CSEC with the passage of Senate Bill 794 (SB 794) in 2015. Furthermore, in 2016
California approved Senate Bill 1322 (SB 1322), which decriminalized the prostituting of children under the age of eighteen years of age. The passage of this senate bill was a major step in discontinuing the harm of putting the youth into the criminal justice system. Instead, it allowed them to fall under the purvey of the child welfare system, which might allow for a more clinical and thoughtful approach.
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Characteristics of CSEC
Research notes the average age of girls who are recruited into sexual exploitation is 12-14 years old, while for boys and transgender youth the average age is 11-13 years old (Moore, Houck, Hirway, Barron,
& Goldberg, 2016; O'Brien, Li, Givens, & Leibowitz, 2017). However, one study notes that some children may be as young as ten years of age.
(Hardy, et al, 2013). Age is not the only disparity among male and female
CSEC. According to O’Brien (2017) and his colleagues, 69% of the youth involved in sexual exploitation were female and 31% were male.
However, the occurrence of male victims could potentially be higher as males tend to not identify themselves as being victims of sexual exploitation. (Greenbaum, 2014).
In regards to race or ethnicity, a 2011 report by the Bureau of
Justice Statistics on the characteristics of suspected human trafficking incidents, noted about one fifth of the victims were white, one fifth were of Hispanic/Latino origin, and one third were black/African American
(Development Services Group, Inc., 2014). Conversely, although cisgender girls make up most of the CSEC population, it does not discredit the many LGBTQ youth fall victim to commercial sexual exploitation (Greenbaum, 2014).
As the researchers were studying a procedural drama set in New
York City, statistics for this state were specifically studied. A report specifically prepared for the New York State Office of Children and
7
Family Services in 2007 of the prevalence of Commercially Sexually
Exploited Children identified 2,253 CSEC within the four boroughs
(Bronx, Brooklyn, Manhattan and Queens) that participated in the study
(Gragg, Petta, Bernstein, Eisen, & Quinn, 2007). Manhattan identified
945 CSEC, which was the highest among the four boroughs (Gragg et al,
2007).
The study also reported 85 percent of the CSEC identified were girls and over half were girls ages 16 to 17 years old. (Gragg et al,
2007). Moreover, six percent of the CSEC were identified as boys ages
16 or 17 and for transgender children, 31were identified, with all being
16 to 17 years old (Gragg et al, 2007). In terms of race, 1500 (67%) were identified as Black/African American and 142 (6%) were identified as white (Gragg et al, 2007).
Risk and Psychological Factors Associated with CSEC
Regardless of these differences in characteristics, various factors place youth at an increased risk for sex trafficking. Histories of emotional, physical, or sexual abuse are key factors that make a child susceptible to exploitation (Walker, 2013). Moreover, some studies have found a link between prior sexual abuse and later victimization in CSEC
(O'Brien, et al., 2017; Moore, et al, 2016; Walker, 2017). A history of running away, parental substance abuse and alcohol use (Walker, 2013), involvement in child protective services, juvenile delinquency or gangs, poverty, and residing in a high crime neighborhood have also been identified as risk factors that make a child vulnerable to commercial sexual exploitation (Roby & Vincent, 2017).
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Exploiters intentionally target youth because of their limited life experiences and ability to think critically, their emotional, physical, and financial vulnerabilities, and their predisposition to engage in risk-taking behaviors (Moore et al, 2016). Individuals exposed to repeated traumatic events, such as those experienced with CSEC, tend to suffer psychologically and emotionally as they are not equipped to respond to the complex trauma associated with repeated sexual exploitation. Youth who have been exploited often develop a significantly damaged worldview and the manipulative tactics used by traffickers destroy the defenses of the exploited youth (Hardy et al, 2013).
Moreover, prolonged traumatic events associated with CSEC can have mental health effects such as post-traumatic stress disorder, depression, anxiety disorders, anger and anger management issues, suicidal ideation, dissociative disorders and paranoia (Lutnik,
2016).
The Exploiter
Exploiters or traffickers are individuals who “profit by receiving cash or other benefits in exchange for the sexual use of a minor” (Moore et al, 2016, p. 2). It is estimated that exploiters could earn up to $32,833 per week (Dank, 2017). They are able to lure children by using psychological manipulation, drugs, and/or violence (Hardy et al,
2013). Exploiter’s prey on the youth’s natural desire for love, protection and family. They have a tendency to promise to meet the emotional and physical needs of the youth and will create a loving and caring relationship with their victim in order to establish trust and allegiance. (Hardy et al, 2013). Once the exploiter has drawn in the youth, more direct forms of coercion and manipulation (i.e. threats and violence) are applied to virtually enslave the victim. This manipulative relationship tries to ensure the youth will remain
9
loyal to the exploiter even when confronted with severe victimization and is known as trauma bonding (Moore et al, 2016).
Media’s Influence
Media is a powerful means in which information can be quickly relayed to the masses and is influential in communicating information, values and ideals. In his research, Kitzinger (2004) noted that the media tends to be a crucial resource in constructing the public’s sense of the world and can help in defining social issues. For example, the media has been identified as a tool that most Americans have used to learn about child sexual abuse (Weatherred, 2015). Moreover, media advertisements can influence the way adolescents view their physical appearance and adolescents can develop unrealistic expectations of their physical appearance due to the media advertisements. (Polce-Lynch, Myers, Kliewer, & Kilmartin, 2001). Additionally, when images of sexual violence are portrayed in the media, these images tend to influence the viewers’ attitudes toward aggression and women (Tal-Or & Tsfati, 2015). These studies highlight the important role the media plays in disseminating information and how influential it is to the viewing public.
Furthermore, the media plays an important role in how it presents social problems and can help in framing the issues. For instance, the glorification and glamorization in the media of an exploiter has led to what is referred to as the “pimp culture” (Withers, 2017).
It has been glorified in television shows, the music industry and video games, which tends to normalize the exploiters behaviors (Withers, 2017). This continuous exposure to the “pimp culture,” can lead to the acceptance of aggressive behaviors such as the selling of individuals for sex and sexual violence (Withers, 2017).
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Mass media is universally present in lives of the youth via television, movies, magazines, and advertisements. Therefore, negative labeling, such as ‘‘prostitute,’’ can stigmatizes youth and affect how they perceive their worth. For instance, the youth can perceive themselves as a criminal rather than as a victim. Hardy and his colleagues
(2013) suggest that terms such as “throwaways” “prostitutes” and “trash” should not be used and should be replaced with the accurate terminology of commercially sexually exploited children. Thus, the media has a duty to be aware of the language it uses, especially when referring to youth who have been exploited by sex crimes.
Additionally, the Associated Press (AP) Stylebook, is a guide created by
American journalists to standardize mass communications (Rogers, 2018). The Stylebook offers references to principles of reporting and rules for usage when reporting on certain topics (Rogers, 2018). AP guidelines exists for topics such as child abuse, suicide prevention, and substance abuse. However, they appear to be lacking when reporting on
CSEC. An article discussing the language used by newspapers when reporting on child sexual exploitation, expressed the lack of uniformity among four major newspapers
(Valle, 2014). The lack of uniformity and inconsistency when reporting on CSEC in the media may contribute to public misperceptions and continue to perpetuate myths about these vulnerable individuals. Consequently, L&O: SVU may not be depicting the youth in a way that helps build empathy or understanding of their trauma. Moreover, the media’s portrayal of CSEC can add to the stigmatization of this population and ultimately increasing their reluctance to seek help.
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Method
Researchers conducted a qualitative content analysis of a purposeful sample of 18 episodes of Law and Order: Special Victims Unit (L&O: SVU), created by Dick Wolf, from the years 2000 through 2017. The years were chosen to align with the year the show first aired in 1999 and to compare it to the first Victims of Trafficking and Violence
Protection Act (TVPA) of 2000. These archived episodes were identified through an
Internet Movie Database (IMDb) episode search that used the following terms:
“prostitution”, “underage sex rings”, “underage trafficking” or “sexual abuse.” The episodes used in the study included: “Chat Room” (Garret, 2000), “Angels” (Campbell,
2002), “Pandora” (Butters, 2003), “Debt” (Green, 2004), “911” (Harbinson, 2005),
“Hooked” (Kotcheff, 2005), “Merchandise” (McCreary, 2010), “Spiraling Down”
(Roche, 2011), “Friending Emily” (Fox, 2012), “Jersey Breakdown” (Martin,
2014), “Wednesday’s Child” (Blauner, 2014), “Spring Awakening” (Leight, 2014),
“Girls Disappeared” (Leight, 2014), “Chicago Crossover” (Wolf, 2014), “Undercover
Mother” (Leight & Martin, 2015), “Collateral Damage” (Corbin-Miller, 2016),
“Manhattan Transfer” (Martin & Leight, 2016) and “Real Fake News” (Zuckerman,
2017).
Data Analysis Plan
As part of the analysis process, researchers assessed two episodes of L&O: SVU together to improve inter-rater reliability, as well as a template of 12 questions, and an excel spread sheet of the information gathered from the 12 questions. Lastly, researchers examined L&O: SVU episodes to rate consistency of laws and legislations, media guidelines and clinical practices. Using the content of the episodes related to CSEC,
12 researchers developed a structured template (refer to Appendix A) that consisted of 12 questions that were used to evaluate each of the episodes. The questions were developed by both researchers from the literature and research gathered from this marginalized population. The questions looked at risk factors such as age, gender, ethnicity, appearance, socioeconomic status, living situation, history of running away, history of substance abuse, language used to describe the exploiter and the child, services provided to the child, history of abuse and child welfare system involvement. In addition, the researchers developed an excel spreadsheet to input the information gathered from the observation of the 18 episodes, as well as the questions from the template in Appendix A.
After, researchers used the answers and compared responses from each episode as well as looked for patterns and themes. The information gathered in the excel spreadsheet was used to examine L&O: SVU episodes to rate consistency of laws and legislations, media guidelines and clinical practices.
Examining SVU Episodes to Rate Consistency with Laws and Legislations
Researchers compared the content of each episode of L&O: SVU to four of the
CSEC laws and legislations that were active during the same time period as when the episodes aired. The objective of the researchers in viewing legislations that pertain to
CSEC was to see if it influenced any changes in the perception of this population during the year the episodes aired.
The first law researchers examined was the TVPA of 2000. Researchers specifically looked if law enforcement or other helping professions addressed prevention, protection and prosecution in the episode. Second, for the 2010 U.S. Texas Supreme
Court decision, both researchers searched for the appropriate age of consent of CSEC in
13 each episode. Next, for the Safe Harbor for Exploited Children Act of 2008, researchers used this specific law to determine if services were provided to victims of CSEC in each of the episodes. Lastly, for the legislation Trafficking Victim Prosecution Reauthorization
Act of 2013, researchers specifically looked for the introduction of the term commercial sexual exploitation of children in each episode.
Examining SVU Episodes to Rate Consistency with Media Guidelines
Researchers used media guidelines as a reference tool for checking whether the episodes followed the correct terminology used by law enforcement, exploiters, CSEC victims and the community in L&O: SVU. Unfortunately, there are not any designated media guidelines for CSEC. However, there was a recommendation developed in the state of Maine through the organization Maine Coalition Against Sexual Assault
(MECASA) entitled Sex Trafficking & Exploitation Media Guide (2015). This guide allowed for public knowledge on definitions on sex trafficking, sexual exploitation and commercial sexual exploitation of children. The guide listed language recommendations and definitions related to CSEC and divided it into two columns. The first column entitled “Instead Of” listed labels such as “child prostitute,” “underage prostitution,”
“prostitute,” “rescue,” “slavery,” and “pimp.” The next column entitled “Use”, lists more appropriate alternative language to use when describing CSEC (MECASA, 2015).
Researchers referred to the 2015 Sex Trafficking & Explanation Media Guide as a standard for the correct terminology L&O: SVU is to use when identifying CSEC.
Furthermore, the media guidelines will help raise public awareness and educate on the correct terminology to be used when associating with CSEC victims. Also, this media guideline will help break away from stereotypes that many CSEC face, and in
14 hope that the Associated Press will incorporate a proper media guideline for this vulnerable population.
Examining SVU Episodes to Rate Consistency with Clinical Practices
Researchers utilized clinical practices as a guide on the correct terminology to be used when a helping professional interacts with a victim of CSEC. The clinical practices consist of a guide created by DC’s Children’s Law Center (2017). The recommended guidelines begin with the “Do’s and Don’ts” of Appropriate Engagement with CSEC
Victims (2017). Those include using age- appropriate language, not assuming that youth view themselves as victims, professionals having knowledge and experience in working with CSEC, having a safe environment to speak to CSEC, not being judgmental, not displaying any negative reaction to what a CSEC victim is disclosing, building rapport, and providing appropriate services. Researchers also looked at the Core Competencies for
Serving Commercially Sexually Exploited Children that was developed by the Child
Welfare Council CSEC Action Team (2015). The competencies for helping professions to follow when interacting with CSEC youth are building rapport, being trauma informed, being strengths–based, facilitating conversations around healthy relationships and sexuality, and having cultural humility.
The Appropriate Engagement with CSEC (2017) and Core Competencies for
Serving Commercially Sexually Exploited Children (2015) can help educate professions that serve CSEC with the correct language, engagement strategies, and aid in identification. Thus, these clinical practices will allow for better advocacy, competency, collaboration, feeling of empowerment and a sense of hope for this stigmatized population.
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Results
After reviewing 18 episodes, researchers used the 12 variables from Appendix A as a template to compile their findings on the CSEC and their exploiter characters.
Sample Demographic Data
The total sample size of CSEC victims were 30 and of those 30, 23 were females and six were male. CSEC characters varied in ethnicity—15 or the majority was
Caucasian, four were Asian/ Chinese, seven Latino/a, one African American and three were unknowns. Also, the average age of CSEC was approximately 12 to 16 years. Out of the 30 CSEC shown, 13 boys and girls were taken from their homelands and forced or coerced to have sex with adults. Seventeen depicted CSEC in compromising positions with revealing clothing, heavy makeup, hair in a ponytail, and high heels. Researchers also found that there were five runaways out of the 30 CSEC victims and eight were coming from a low socioeconomic background, four being from middle and/or upper class, and 18 of the children’s social class status being unknown in the episode. Also, only one out of the 18 episodes of L&O: SVU portrayed the LGBTQ community.
The exploiters in each of the episodes were of a wide-range with nine being male
Caucasians, five being males of color, one exploiter a person of Chinese descent and two being female exploiters. The appearance of the exploiters in the episodes varied by their ethnicity. Approximately, nine Caucasian exploiters were well dressed, owned their own business, had good hygiene, were professionals and were financially secure. However, exploiters of color appeared quite the opposite with baggy clothing, oversized gold chains, oversized jackets and speaking informally.
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In addition, it was apparent that 18 of the CSEC victim characters did not disclose or the episode did not show any involvement with the child welfare system. Furthermore, four youth had been placed in the child welfare system at one point in their lives and 8 had no involvement. These demographic findings were inconsistent with descriptions of
CSEC and exploiters in the research and literature. Consequently, of the 30 CSEC victims, only three self-disclosed a history of abuse or the episode stated that the child had endured abuse in their life. Moreover, it was discovered that 12 of the 18 episodes did not speak about CSEC receiving services or plans for resources to be offered to them.
Examining SVU Episodes to Rate Consistency with Laws and Legislations
After watching each of the 18 L&O: SVU episodes, it was discovered that each of the episodes were influenced by legislations of that time. For instance, the episodes of
“Chat Room” (Garret, 2000), “Pandora” (Butters, 20013), “Debt” (Green, 2004),
“Hooked” (Kotcheff, 2005), “911” (Harbinson, 2005), and “Angeles” (Campbell, 2002) were all aired around the years 2000-2005. The legislation that was placed during that time frame was the TVPA of 2000, in which prevention, protection and prosecution were the main focuses of each of the episodes. Thus, in those episodes, the minor was protected by law enforcement and the exploiter was prosecuted with statutory rape, sexual abuse, soliciting, transportation of a minor across states lines and rape of children in foreign countries. In looking at legislation, protection was shown by law enforcement using their knowledge and expertise to help find justice for the abuse the youth had endured at the hands of their exploiter.
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Next, in viewing the episodes of “Merchandise” (McCreary, 2010), “Spiraling
Down” (Rooche, 2011) and “Friending Emily” (Fox, 2012) and comparing it to New
York’s Safe Harbor for Exploited Children Act 2008, researchers used this specific law to determine if services were provided to victims of CSEC in each of the episodes. In the episode “Merchandise” (McCreary, 2010), SVU’s resident psychiatrist, Dr. Huong was asked to intervene in conducting a mental status examination on a child-sex-trafficking victim. Also, at the end of the episode the victim was asked to complete mandatory counseling. In contrast, the application of this law was not shown for “Spiraling Down”
(Roche, 2011) and “Friending Emily” (Fox, 2012), where there was not a helping professional recommending counseling, including SVU’s psychiatrist, Dr. Huong.
Nonetheless, one of the female detectives of L&O: SVU, Olivia Benson who was working on the case stated, “I hope she gets the chance to be a kid again” (Fox, 2012,
“Friending Emily Scene”)
Next, researchers looked at those same episodes in search for any indication that the U.S. Texas Supreme Court Decision of 2010 influenced the episodes in any way. Researchers found that in the episode “Merchandise” (McCreary, 2010) law enforcement advocated for the CSEC victim. The male detective Fin Tutuola goes on to say, “how is a thirteen-year-old arrested for an act he can’t legally consent to” and “he’s thirteen, that makes him a victim” (McCreary, 2010, “Merchandise Scene”). The episode
“Spiraling Down” (Roche, 2011) also shows L&O: SVU having a sense of understanding of the laws and legislations when detective Tutuola addresses, “she is underage, so every single one of them (exploiter) is a rapist under the law” (Roche, 2011, “Spiraling Down
Scene”). Subsequently, “Friending Emily” (Fox, 2012) also highlights the appropriate
18 age of consent when female detective Amanda Rollins says, “15 will get you ten years”
(Fox, 2012, “Friending Emily Scene”). This particular scene shows the exploiter being arrested for statutory rape.
Another legislation that researchers looked at was Trafficking Victim Prosecution
Reauthorization Act of 2013, where the term Commercial Sexual Exploitation of
Children was first introduced in the law. The following episodes “Jersey Breakdown”
(Martin, 2014), “Spring Awakening” (Leight, 2014), “Girls Disappeared” (Leight, 2014),
“Chicago Crossover” (Wolf, 2014), “Wednesday’s Child” (Blauner, 2014), “Undercover
Mother” (Leight & Martin, 2015), “Collateral Damage” (Corbin-Miller, 2016),
“Manhattan Transfer” (Leight & Martin, 2016) and “Real Fake News” (Zuckerman,
2017) all had a helping professional in the episode recognize CSEC as “sex trafficking,”
“underage sex trafficking,” “victual rape of minor,” “sex trafficking kids,” and the mention of “T Nonimmigrant status for trafficked girls” by detective Dominick Carisi
(Leight, 2014, Girls Disappeared Scene”). It is evident that L&O: SVU did missed the opportunity to enforce the New York’s Safe Harbor for Exploited Children Act 2008 in two of the episodes. However, in the other three legislations there was a true understanding of the laws and legislations for those specific episodes mentioned above.
Examining SVU Episodes to Rate Consistency with Media Guidelines
In looking at the media guidelines, there was no designated guideline for CSEC in the media. However, there was a recommendation that the state of Maine devised entitled
“Sex Trafficking & Exploitation Media Guide” (MECASA, 2015). In this study, the
Maine guideline was used to measure the language L&O: SVU used when identifying
CSEC. A theme discovered in all 18 episodes was that there was a mixture of correct and
19 incorrect use of terminology to describe the CSEC youth. At times, law enforcement characters and other helping professionals used criminalizing and stigmatizing language when identifying CSEC. However, in the same episodes, researchers observed correct terms also being used by helping professionals when identifying this marginalized population.
Researchers looked at the episodes: “Chat Room” (Garret, 2000), “Angels”
(Campbell, 2002), “Pandora” (Butters, 2003), “Debt” (Green, 2004), “Merchandise”
(McCreary, 2010), “Jersey Breakdown” (Martin, 2014), “Girls Disappeared” (Leight,
2014), “Chicago Crossover” (Wolf, 2014), “Undercover Mother” (Martin & Leight,
2015) and “Manhattan Transfer” (Martin & Leight, 2016) to calculate the number of times criminalizing language was used and if the program displayed correct terminology used to describe CSEC. These episodes were randomly selected and were chosen from the time frame that coincided with the legislation.
In the episode “Chat Room” (Garret, 2000), the word “kiddie porn,” “pimp” and
“victim” were used twice. Next, in the episode “Angels” (Campbell, 2002) the word
“pimp,” “merchandise,” “hooker,” “sex slaves” and “slave boys” was used once, “sex toys,” twice and the term “sex tours” was used seven times. The episode also used correct terminology when refereeing to CSEC, such as “the rape of children” once, “victim” being used three times, and “sexual abuse” used five times.”
The episode “Pandora” (Butters, 2003), used the outdated terms like “prostitutes” and “porno pictures” were used once and “kiddie porn” used three times. Though the episode “Pandora” (Butters, 2003) did follow the Sex Trafficking & Exploitation Media
Guide (2015), in which “exploited children,” “trafficking young girls,” “people who rape
20 children,” “child sex trade,” “child rape videos” and “prolonged child abuse” were used once.
In the episode “Debt” (Green, 2004), researchers found that the program used the terms “hooker” and “whorehouse” three times, and “sex slaves,” “pimp” and “exploited” once. In the episode “Merchandise” (McCreary, 2010), the word “merchandise,”
“slaves,” “underage hooker” “prostitution” and “sex slaves” were used once, as well as
“pimp” being used six times. However, proper terminology such as “human trafficking victim” was stated three times and “domestic sexual minor trafficker” was said once and
“predator” and “sex trafficking” were used twice in the episode.
In addition, in the episode “Jersey Breakdown” (Martin, 2014), the term
“hookers” and “a victim of sexual assault” was used once and the word “pimp” used three times. Also, language that was used and considered appropriate when referring to
CSEC, was “sex trafficking” and “sex trafficking ring” were used twice. Next, in the episode “Girls Disappeared” (Leight, 2014), the terms “hooking,” “working girls,”
“Romeo pimp,” “tricks,” “whore,” “compelling prostitution” and “turned out” were used once, “sex trafficking” three times and “pimp” used five times. The episode “Chicago
Crossover” (Wolf, 2014), used language like “prostitute,” “hooking,” “pimping” and
“turned out” were used once and “interstate trafficking,” “trafficked” and “sex trafficking ring” were correct terms that were used once in the episode. In addition, the term
“victim” was used twice to describe CSEC.
Moreover, in the episode “Undercover Mother” (Leight & Martin, 2015), the term
“slave trade” was used once, “sex slave” was used twice, and “pimp” was said ten times.
The correct terms used throughout the same episode were “traffickers” and “sex
21 traffickers”, which were said three times, “trafficking” was used once and “Madame” said twice. Lastly, in the episode “Manhattan Transfer” (Martin & Leight, 2016), the term
“sex party” was said three times, and the correct language were: “raping teenage girls” used once, “sex trafficked” as well as “sex trafficking ring” was said twice and
“trafficked” was stated four times.
Approximately 20 stigmatizing words were used by law enforcement and/or other helping professionals to identify CSEC. From those twenty, the word “sex tours” was used seven times, “hooker” and “kiddie porn” used six times overall, “prostitute” used five times and “pimp” being used 16 times by all 10 episodes. Moreover, though criminalizing language was used, the helping professionals in each of the episodes followed the Sex Trafficking & Exploitation Media Guide (2015) when identifying
CSEC. As a result, 16 appropriate terms were used and of those 16, the terms that were used the most throughout the episodes were “sexual abuse” “trafficking,” and “victim”, which were used seven times, as well as “sex trafficking”, which was used 14 times.
These findings conclude L&O: SVU did use stigmatizing language; however, were also mindful in the correct terminology that they would use in each of the episodes.
Examining SVU Episodes to Rate Consistency with Clinical Practices
Researchers compared the form Appropriate Engagement with CSEC Victims
(2017) to the episodes of L&O: SVU and discovered that there were many similarities between the two. For example, the form stated that—being aware of one’s body language, having face-to-face interaction with the individual, being empathetic and mindful of one’s voice tone, being competent in the jargon many CSEC use, recognizing that the child is not a criminal or the child may not view themselves as the victim—are
22 critical when interacting with CSEC. Furthermore, researchers also followed the Core
Competencies for Serving Commercially Sexually Exploited Children (2015) guide that offered suggestions for helping professional working with the CSEC population. These suggestions included building trust with CSEC, being trauma informed, being strength- based, educating CSEC on healthy relationships and sexuality, having cultural humility and being aware of one’s implicit biases.
Elliot Stabler, the male detective in the episode “Angels” (Campbell, 2002) used his clinical skills to affirm to the victim that there was not a need to be afraid and that the exploiter was at fault not the child by stating, “He’s not going to hurt you. He’s not going to hurt your parents ever again” (Campbell, 2002, “Angels Scene”). In the same episode, female detective Benson was instructed by the police psychologist to give the victim ample affection and approval since a male abused the child.
In the “Pandora” (Butters, 2003) episode, detective Stabler educated the victim in the exploiters true intentions by stating, “He is very charming, sells girls for sex. He’s a criminal, manipulator, liar and he won’t protect you” (Butters, 2003, “Pandora Scene”).
In the episode entitled “911” (Harbinson, 2005), the female detective Olivia Benson used words like “baby,” “sweetheart” and “honey” when speaking to a child of commercial sexual exploitation. Researchers saw this as a method used for the child to feel some comfort from this female detective. The episode “Merchandise” (McCreary,2010) followed both guidelines in providing the victim a psychologist and reassuring the victim of his safety. In that same episode, female detective Cruz goes on to inform another fellow officer on her reasoning for arresting a victim of child sex trafficking “working the corner” by stating, “We send their picture to the missing persons and send them home to
23 the same screwed up families that made them run in the first place. They end up right back on the corner before I even finish my shift” (McCreary, 2010, “Merchandise
Scene”). As the episode continues, it goes on to educate the viewers of the global issue of commercial sexual exploitation of children with female assistant U.S. Attorney Chris reporting, “That about 27 million children are being sexually exploited in a global scale.
In the United States the number is between 14,000 and 18,000” (McCreary, 2010,
“Merchandise Scene”). The U.S. Attorney also highlights, “For each one saved, there are eight more just like them” (McCreary, 2010, “Merchandise Scene”).
The episode “Manhattan Transfer” (Martin & Leight, 2016) presented advocacy for the victim by the assistant district attorney, Rafael Barba by stating, “We see Ms.
Wilson as more as a victim than a criminal” (Martin & Leight, 2016, “Manhattan
Transfer Scene”). In the same episode law enforcement provided a victim of CSEC the resource to a group home after discovering that she was in need of stability and support.
In the episode “Chicago Crossover” (Wolf, 2014), female detective Benson affirmed the victim’s feeling when she goes on to say, “We know that none of this is your fault. They drugged you and broke you. And then they twisted you” (Wolf, 2014,
“Chicago Crossover Scene”).
Also observed by researchers were the episodes displaying educational moments.
For instance, in “Chat Room” story by Garett (2000), the male detective Stabler educates the exploiter’s accomplice with saying, “They are not just pictures. These are underage girls, terrified, drugged, and getting photographed without their permission” (Garett,
2000, “Chat Room Scene”). In contrast, detectives failed to believe a non-sex trafficking victim, when she disclosed that she was raped. However, as the episode progressed, it
24 was discovered that the same victim was being untruthful when detectives interviewed her. In the episode “Hooked” (Kotcheff, 2005), the victim Angela Agnelli speaks on the reality of recruitment by stating, “He picked us up at the mall. We could make real money” (Kotcheff, 2005, “Hooked Scene”).
Furthermore, the episode “911” (Harbinson,2005), speaks on the true reality of the abduction and coercion of many children from other countries. For example, female detective Benson goes on to say, “They took a girl nobody would miss, kept her in a place that nobody would find” (Harbinson, 2005, “911 Scene”). Lastly, in “Spiraling
Down” (Roche, 2011), male detective Tutuola informed the audience the manipulative intent of the exploiter when he says, “What he did is not love. Romeo pimps do that.
They have the girls’ brainwashed” (Roche, 2011, “Spiraling Down Scene”).
Although, L&O: SVU was able to give a good depiction of the cruel reality many
CSEC individuals live, it also missed the opportunity to educate the public on the importance of safety. Thus, in the early episodes of “Chat Room” (Garret, 2000) and
“Angels” (Campbell, 2002), it showed law enforcement walking the victim out of the police station as the exploiter is being taken into the interrogation room. Thus, not protecting the victim and exposing her to her exploiter. Though, in the same episode a female detective did have a face of discomfort as the trafficked child disclosed to her the abuse he endured.
Furthermore, L&O: SVU also fails to follow the form suggested by the
Appropriate Engagement with CSEC Victims (2017), which lists that the individual coming in contact with CSEC needs to be aware of their own biases and judgments of sexual exploitation. Though, that was not apparent in all 18 episodes where law
25 enforcement used criminalizing language when speaking about CSEC. L&O: SVU also failed to include public health announcements at the end of most of the episodes where the audience can be offered information that would give them access to organizations and or hotlines that support the welfare and safety of commercial sexual exploitation of children. Lastly, within the story lines, Law & Order: SVU neglected to offer services and resources to each of the CSEC youths, with 12 out of the 18 episodes showed helping professionals not recommending any form of assistance.
26
Discussion
In viewing and analyzing 18 episodes of L&O: SVU depicting CSEC victims and exploiters, this study showed that the show’s writers and producers correctly portrayed some aspects, incorrectly portrayed others, and missed some important opportunities to educate the public on this important topic.
What Law and Order: SVU Got Right
The study’s findings showed that the program, L&O: SVU more often than not, portrayed the children who were victims of sexual exploitation accurately and in accord with the current research literature in reference to age and gender. For instance, in the television episodes, most youth who were exposed to sexual exploitation were mostly females and around 12 to 16 years of age and the majority of the youth came from low socioeconomic backgrounds. Also, the episodes were consistent in showing the psychological manipulation used by the exploiters to force the youth into sexual exploitation and to ensure loyalty from the youth.
A majority of the programs did provide facts about sexual human trafficking that coincided with legislation about CSEC that occurred in the same time period. In the episode titled, “Merchandise” (McCreary, 2010), law enforcement characters pointed out that the new laws were passed to protect children from being charged for soliciting sex and should not be treated as criminals. It also further discussed that the youth should not be arrested for an act in which they cannot legally consent. The program even used this episode to educate the viewers on domestic human trafficking and explained how it was becoming more prevalent and was not just happening in other countries. These story lines reflected accurate information that was included in the legislation and in that sense
27 offered information to the public through the episode that might have increased their awareness about CSEC.
L&O: SVU is a popular show that has been on for 19 seasons. Thus, by accurately portraying victims of sexual exploitation, the program is able to help educate the viewing public on this marginalized population. The more educated the public is in
CSEC, the better they can recognize when it is occurring and perhaps help a youth who is being exploited.
What Law and Order: SVU Got Wrong
Although, L&O: SVU did use proper terminology in each episode observed to describe the CSEC youth, they also used derogatory and outdated language. For instance, when discussing victims of human trafficking, law enforcement officials often used words such as “sexual trafficking victim” or “domestic minor sex trafficking”. However, law enforcement and lawyers were more likely to use words such as “whore” or prostitute, usually when speaking to the exploiter and perhaps in an effort to gain their trust. In the episodes, the exploiter tended to use more demeaning terminology such as
“my bitches”, “merchandise” or “whores”.
When discussing the exploiter, the show commonly stuck to stereotyped images.
For example, when referring to male exploiters, L&O: SVU law enforcement referred to two types—the pimp and the businessman. The program would depict the “pimp” as typically African-American or Latino, from a lower socioeconomic status, dressed in baggy jeans, oversized jackets, baseball caps, heavy gold chains and earrings, and heavily tattooed. However, these exploiters usually answered to a person who was higher up the
28 chain of command. The businessman exploiter tended to be Caucasian, running a professional business, and dressed in suits.
Additionally, youth who were made to participate in sexual exploitation, were usually seen in stereotypical clothing indicative of a sex worker. For example, most of the individuals were females dressed in tight-form-fitting dresses, short skirts, short tops revealing the midriff, high heels and excessive makeup.
Thus, while the stereotypes may be accurate in certain ways or circumstances, the program misses the opportunity to tell a bigger story. The children who are sexually abused and the exploiter who is abusing them can be anyone and they do not always fit a stereotypical mold. Moreover, with the prevalent use of the Internet, any child can be lured by anyone into sexual exploitation. Additionally, using offensive language demonstrates to the audience that the youth is a commodity and not a person. For those watching the episodes, the use of these negative terms can also reinforce a negative stereotype that is not helpful when CSEC victims seek services or supports. Also, this puts additional blame on the CSEC youth and increases the stigma or shame that they may already feel.
What Law and Order: SVU Missed
Granted L&O: SVU was designed for entertainment purposes, but at the same time it is discussing a vital public health topic that should be portrayed with accuracy.
Although the drama was able to report many facts in accordance with the current CSEC literature, it did miss a few key points. For instance, the literature shows most youth exposed to sexual exploitation have a history of emotional, physical, or sexual abuse and have some type of involvement with the child welfare system. Nevertheless, most of the
29 victims portrayed in the programs used in this research did not meet these criteria. Also, victims were shown as being abducted or lured away by their exploiter, but CSEC are not always recruited in this way. The program could show more scenarios that depict the different possibilities of being recruited or exploited in order to provide a more realistic picture of the risks faced by CSEC youth.
Also, most of the focus was on victims who tended to be Caucasian, despite research showing that youth subjected to CSEC in New York City, where the program is filmed, are predominately African American; thus, perpetuating the Eurocentric standard of beauty as the norm. Also, while most CSEC are not always found or reunited with family, all of the children in the L&O: SVU episodes were ultimately found by law enforcement and the program rarely showed what happened to the youth after they were recovered by law enforcement or reunited with family. Additionally, services for the youth or follow-up supports were not discussed.
Furthermore, all episodes showed that the exploiter was caught, which may hardly ever be the case. In reality, in order to convict the exploiter, a youth has to testify against their abuser. Therefore, the real facts about the experience of CSEC is not fully or realistically portrayed. However, as this is a television show, the L&O: SVU portrayal helps to resolve the conflict in the story line, while at the same time providing the viewer with hope that justice was served.
Lastly, as this program is dealing with sensitive and real-life topics, the program did not provide any resources or phone numbers at the end of the episodes, such as help lines or supportive services. It would be beneficial to at least provide these valuable resources that could be used by those currently struggling with this issue.
30
Limitations
This research is not without its limitations. First, this research only focused on one television program. Thus, the data being recorded was limited to the view of the creators of the show. Perhaps, other programs that do not focus specifically on sexual abuse may not be as sensitive to the wording used when describing CSEC or report accurate statistics. Additionally, the researchers did not look at other sources such as newsprint, social media and news outlets that may provide more accurate reporting or use of the terminology. Future studies could use the template provided in this study to add to this topic and apply it to other media outlets for more in-depth analysis.
Implications
Our research indicated that there are not any designated guidelines for the media to use when reporting on commercially sexually exploited children. Thus, there may be a lack of uniformity or “gold standard” for the media to consider when reporting on this subject. This therefore puts a large burden on the program writers and producers to bring in experts on CSEC youth and exploiters and to be current with the changing clinical practices, laws and recommendations for how to best identify and support this population.
While it is important for the media to be aware of how it portrays CSEC in the media and the way they do this can help to give the viewers accurate information and resources, they might need help to do this completely. One recommendation from this research is to encourage the media to start by simply changing the language it uses. In using words such as “child prostitute” or “underage prostitute,” it implies that the child in some way had a choice. But since a child is not legally able to consent more accurate terminology should be used. Words such as child “sex trafficking” or “commercially sexually
31 exploitation of children” more accurately conveys the severity of the crime. It also humanizes the victims and helps to encourage more help seeking and less victim blaming.
Additionally, our research indicated that specific media guidelines for CSEC need to be developed when reporting on this population. This will allow for consistent reporting and help to increase public awareness and help dispel preconceived notions of youth who are especially vulnerable to trafficking. It may even increase public awareness of how to identify victims of CSEC and perhaps increase the likelihood of the exploited youth receiving help.
Lastly, after almost two decades on the air, L&O: SVU has made many positive strides in portraying victims of sexual assault and abuse. Even the show’s star, Mariska
Hargitay, has become an advocate for victims of sexual assault, child abuse and sexual exploitations. However, public health announcements after the program can help to offer viewers who may experiencing sexual exploitation some hope that there are places to go for assistance. This is where social workers and other helping professionals may be useful in the media industry to collaborate with the media in developing positive and accurate representation when reporting on sexually exploited youth. Therefore, with the findings from this study, L&O: SVU can continue to be in the forefront of providing positive representation of victims of CSEC in the media.
32
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Appendix A
Research Questions
• Episode Name and date aired
• What is the CSEC youth(s) name from film/age, gender, ethnicity, education of the youth in the episodes?
• What is the appearance of the youth when they are first encountered by law enforcement or to the researcher? (dress, makeup etc.)
• At subsequent scenes?
• What is the socioeconomic background of the youth?
• What is the living situation of the youth (i.e. with family, parents, foster care)?
• Does the youth come from an intact family?
• Describe the relationship of family members with respect to the youth (i.e. supportive, loving, discord etc.)?
• Does the youth have a history of running away?
• Is the youth currently a runaway?
• Does the youth use illegal narcotics, alcohol or both?
• What words are used to describe the exploiter?
o By the youth? o By law enforcement and legal system? o By society, community providers?
• Describe the exploiter—his appearance, living situation, type of work, socioeconomic status, relationship status.
• What language does law enforcement, criminal system, psychologist, society, community providers, family use to describe the youth? Identify the language being used and by whom.
40
• What services are provided to the youth, if applicable?
• Where their services that the youth needed but were not provided?
• What were the barriers to receiving services?
• Does the youth have a history of abuse? (which type and how was it identified?)
• Has the youth (s) been a part of the child welfare system?
• Does the youth have any physical health issues? List. How was it observed?
• What is the mental status of the youth? How was it observed?
• Who are the youth’s support system?
• Any other pertinent information?
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Appendix B Joint Addendum Form
Commercial Sexual Exploitation of Children portrayed in the media: 2000 through 2017
The project Commercial Sexual Exploitation of Children portrayed in the media: 2000 through 2017 is a joint graduate project between Amber Gutierrez and Lucy Castro. This document will explain the division of responsibilities between the two parties. Any additional information can be included in a separate document attached to this Addendum page.
Amber Gutierrez is responsible for all the following tasks/document sections:
• Finalized IRB and submitted it for approval • Assisted in the development of Study Questions • Designed the time line for the poster presentation. • Inputted the content of the introduction, methods and results section of poster. • Assisted in collecting archival data.
Lucy Castro is responsible for all the following tasks/document sections:
• Organizing and transferring data to Excel spread sheet • Researched pictures for poster • Designed discussion and implication section on poster • Assisted in collecting archival data. • Collaborated in completion of IRB • Organized and formatted Study Questions in the Addendum
______Amber Gutierrez Date Lucy Castro Date
______Dr. Judith DeBonis Date Graduate Coordinator Date
______Dr. Wendy Ashley Date Department Chair Date
______Dr. Alejandra Acuña Date
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