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Exploring the Problem of Sex Trafficking in Las Vegas and Nevada's Response

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Exploring the Problem of Sex Trafficking in Las Vegas and Nevada's Response \\jciprod01\productn\N\NVJ\14-3\NVJ304.txt unknown Seq: 1 5-JUN-14 7:27 AMERICA’S “DISNEYLAND OF SEX”1: EXPLORING THE PROBLEM OF SEX TRAFFICKING IN LAS VEGAS AND NEVADA’S RESPONSE Chariane K. Forrey* LOVELY LADY 1 God, we’re weary, Sick enough to drop! Belly burns like fire, Will the bleeding ever stop! PIMP Cheer up, deary! Show a happy face! Plenty more like you here If you can’t keep up the pace. LOVELY LADY 1 Only joking! Deary knows her place!2 In Nevada’s self-proclaimed “Sin City” of vice and indulgence, an enor- mous criminal enterprise of illegal prostitution generates billions of dollars from the black market sale of sex.3 Accompanying this enterprise is the abuse of women and children, the spread of sexually transmitted infections, and other criminal misconduct.4 Tourists believe the mantra “what happens in Vegas, stays in Vegas” means prostitution is legal in the city, which results in traffick- 1 “Las Vegas has been described as America’s ‘Disneyland of Sex.’ ” See SHARED HOPE INT’L, DEMAND 96 (2012) [hereinafter DEMAND] , available at http://sharedhope.org/wp -content/uploads/2012/09/DEMAND.pdf; see also Las Vegas Overview: Leave the Kids at Home!, LAS VEGAS 4 NEWBIES, http://www.lasvegas4newbies.com/chap1-6.html (last visited Apr. 3, 2014) (Las Vegas is a “Disneyland for adults” that is “now more X-rated”). * Chariane K. Forrey is a 2014 J.D. Candidate at the William S. Boyd School of Law at the University of Nevada, Las Vegas. 2 LES MISERABLES (Universal Pictures 2012). 3 Robert J. Fisher, There’s No Getting Rid of Prostitution, LAS VEGAS REV. J., Apr. 10, 2011, at D4; Henry Brean, New Effort Targets Illegal Prostitution in LV, LAS VEGAS REV. J., Apr. 25, 2009, at B2; DEMAND, supra note 1, at 95 (in 2006 it was estimated that the Las Vegas sex industry, both legal and illegal, generated between one billion and five billion per year). 4 Fisher, supra note 3. 970 \\jciprod01\productn\N\NVJ\14-3\NVJ304.txt unknown Seq: 2 5-JUN-14 7:27 Summer 2014] AMERICA’S “DISNEYLAND OF SEX” 971 ers moving into the market to meet the high demand for sex.5 As a result, Las Vegas is one of the worst cities in the nation for sex trafficking to thrive.6 The domestic trafficking of minors is particularly pervasive. The Federal Bureau of Investigation (FBI) listed Las Vegas as a top thirteen city for high intensity child prostitution.7 Though Las Vegas has only a quarter of the popu- lation of New York City, it has three times the number of juvenile arrests,8 with the average age of a child prostitute being age fourteen.9 Many of these chil- dren “age out” and become adult women remaining under the control of a pimp.10 This Note explores the complexities Nevada faces in combating sex traf- ficking and proposes solutions. Part I defines sex trafficking, discusses the profiles of the sex buyers and traffickers engaging in commercial sex, and explains how individuals become victims. As legalization has been promoted as beneficial for Nevada and as a potential solution for reducing sex trafficking in Las Vegas, Part II acknowledges the proffered benefits of legal prostitution but argues that legalization is insufficient to reduce, and may even contribute to, sex trafficking. Part III analyzes Nevada’s current legal response to sex traf- ficking through criminalization and recent legislation. While Nevada is heading in the right direction to combat trafficking, Part III also recommends further actions to provide a more holistic, functional response to the problem of sex trafficking. This Note refers to individuals involved in prostitution as women and girls. While males and transgendered persons can engage in prostitution and be subject to sex trafficking,11 prostitutes and victims of sex trafficking are 5 DEMAND, supra note 1, at 2 (the popular Las Vegas slogan “provides visitors with an excuse to act in ways outside the norm of their own community” and glamorizes commercial sex); J. Patrick Coolican, One Woman’s Escape from Trafficking, LAS VEGAS SUN (Apr. 3, 2012, 2:01 AM), http://www.lasvegassun.com/news/2012/apr/03/one-womans-escape- human-trafficking/ (“The wink and nod attitude toward prostitution here gives the wrong impression to tourists and conventioneers that it’s legal.”); Alyson McCarthy, Many Tourists Think Prostitution is Legal in Las Vegas, 8 NEWS NOW, http://www.8newsnow.com/story /7033137/many-tourists-think-prostitution-is-legal-in-las-vegas (last updated Sept. 6, 2007, 7:34 AM); SHARED HOPE INT’L, REPORT FROM THE U.S. MID-TERM REVIEW ON THE COM- MERCIAL SEXUAL EXPLOITATION OF CHILDREN IN AMERICA 24 (2006), available at http:// sharedhope.org/wp-content/uploads/PIC/US_MTR_of_CSEC.pdf (“Tourists visiting Las Vegas may believe they can engage in child sex tourism without detection or punishment because of the ‘what happens in Vegas, stays in Vegas’ media campaign and attitude.”). 6 Coolican, supra note 5. 7 OFFICE OF INSPECTOR GEN., U.S. DEP’TOF JUSTICE, AUDIT REP. 09-08, THE FEDERAL BUREAU OF INVESTIGATION’S EFFORTS TO COMBAT CRIMES AGAINST CHILDREN 70 n.122 (2009), available at http://www.justice.gov/oig/reports/FBI/a0908/final.pdf. 8 Coolican, supra note 5. 9 Bob Herbert, Op-Ed., City as Predator, N.Y. TIMES, Sept. 4, 2007, at A19. 10 Interview with Kathleen Bergquist, J.D., Ph.D., Board Member and Co-Founder, Bamboo Brides, in Las Vegas, Nev. (Jan. 2, 2012); see also In Nevada, SOJOURN FOUND., http:// sojournfoundation.org/our-work/in-nevada/ (last visited Apr. 3, 2014) (As a result of poor statutes and few resources, many, perhaps most, of the children picked up for solicitation continue to be prostituted even as adults). 11 See RICHARD J. ESTES & NEIL ALAN WEINER, UNIV. OF PA., CTR. FOR THE STUDY OF YOUTH POLICY, THE COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN IN THE U.S., CANADA AND MEXICO 59–60 ex.3.4 (2001). \\jciprod01\productn\N\NVJ\14-3\NVJ304.txt unknown Seq: 3 5-JUN-14 7:27 972 NEVADA LAW JOURNAL [Vol. 14:970 predominantly female.12 Likewise, this Note will use masculine pronouns to describe sex buyers because mostly males buy commercial sex – even male prostitutes sell sex mainly to males.13 Finally, the term “voluntary prostitute” will replace the term “sex worker” to emphasize the non-coercive nature of certain prostitutes in the commercial sex industry. I. WHAT IS SEX TRAFFICKING? A. Defining Sex Trafficking The Trafficking Victims Protection Act of 2000 (TVPA), a federal law, defines “sex trafficking” as “the recruitment, harboring, transportation, provi- sion, or obtaining of a person for the purpose of a commercial sex act.”14 “Severe forms of trafficking” include those in which “a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age.”15 The TVPA definition reveals three things. One, trafficking does not require movement across borders. Two, an adult must prove force to qualify as a victim of sex trafficking while minors are automatically assumed to be victims of sex trafficking. And three, if an individ- ual initially consents to prostitution, but is later forced or manipulated to con- tinue selling sex, this person is also considered a victim of trafficking.16 Nevada did not officially deem sex trafficking a state crime until 2013. Nevada did this to bring the state definition of sex trafficking in line with the federal definition under the TVPA.17 12 The United Nations Office on Drugs and Crime estimates 98 percent of sex trafficking victims are women. See ALISON SISKIN & LIANA SUN WYLER, CONG. RESEARCH SERV., TRAFFICKING IN PERSONS: U.S. POLICY AND ISSUES FOR CONGRESS 8 (2013), available at http://www.fas.org/sgp/crs/row/RL34317.pdf; see also U.S. DEP’TOF STATE, THE FEMINIZA- TION OF MODERN SLAVERY (2010), available at http://www.state.gov/documents/organiza- tion/144617.pdf. The prominence of females in the sex trade ring true for Nevada as well. Of the 107 minors that Las Vegas Metro arrested for prostitution-related charges in 2012, only three were boys. Jackie Valley, Summit Attendees Vow to Sustain Fight Against Sex-Traffick- ing Industry, LAS VEGAS SUN (Jan. 10, 2013, 2:00 AM), www.lasvegassun.com/news/2013 /jan/10/summit-draws/. 13 Kathleen D. Vohs & Jannine Lasaleta, Heterosexual Sexual Behavior is Governed by Social Exchange and Basic Economic Principles: Sexual Economics Theory, 9 MINN. J.L. SCI. & TECH. 785, 792 (2008) (noting that “even male prostitutes have mostly male clients”). 14 Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, 114 Stat. 1464, 1470 [hereinafter TVPA], available at http://www.state.gov/documents/organiza- tion/10492.pdf. 15 Trafficking Victims Protection Act, 22 U.S.C. § 7102(9)(A) (2012). 16 U.S. DEP’TOF STATE, WHAT IS TRAFFICKING IN PERSONS? (2012), available at http:// www.state.gov/documents/organization/194942.pdf. 17 See Assemb. Bill No. 67, 77th Reg. Sess. (Nev. 2013) (proposing the crime of pandering be changed to the crime of sex trafficking, and setting forth the actions constituting the crime of sex trafficking); Minutes of the Joint Meeting of the Assemb. Comm. on Judiciary and the S. Comm. on Judiciary, 2013 Leg., 77th Reg. Sess. 19–20 (Nev. 2013) (statement of Michon A. Martin, Chief Deputy Att’y Gen., Bureau of Litig., Pub. Safety Div., Office of the Att’y Gen.). \\jciprod01\productn\N\NVJ\14-3\NVJ304.txt unknown Seq: 4 5-JUN-14 7:27 Summer 2014] AMERICA’S “DISNEYLAND OF SEX” 973 B.
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