Sexual exploitation whether through prostitution or trafficking has long been considered the oldest profession. For centuries these individuals were looked upon with shame, disgust, without much legal consideration into their safety. In recent decades there has been a shift from penalizing sex workers to decriminalizing their behaviors with the intent of creating a safe environment.
In an attempt to safeguard minors who are victims of trafficking Senate Bill 1322 Commercial sex acts: minors, was approved in 2016. SB 1322 legalized child prostitution inevitably hindering law enforcement from arresting or prosecuting a minor found engaging in prostitution (California Legislative Information, 2016). Despite the bill being signed into law by California Governor Jerry Brown it has received numerous criticisms from opponents who state decriminalizing minors’ behaviors actually encourages prostitution.
Senate Bill 1322 has come under attack as a policy in support of prostitution and as alarming as the idea presents, the policy seeks to aid victims of child sex trafficking. Commercial sexual exploitation of children (CSEC) has been a growing industry not only in California but in the entire country. According to the National Human Trafficking Hotline (2018) 224 cases reported in California were linked to sex trafficking of minors in 2018. Despite the reported cases data suggest there are over thousands of youth currently being trafficked to in the United States (U.S.) each year (Mitchell, Finkelhor, Wolak & Mitchell., 2010). Along with the psychological effects of trafficking many minors are subject to high rates of violence-inflicted injuries, chronic medical conditions, and sexually transmitted infections (Greenbaum, 2014).
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Initial policy along with SB 1322 was driven by striving for the rights of CSEC youth. In 2000 the congress passed the Trafficking Victims Protection Act (U.S. Department of State, 2000). The Trafficking Victims Protection Act was the first policy to recognize minors implicated in commercial sex acts as victims rather than delinquents (U.S. Department of State, 2000). Despite being enacted at federal level minors were still identified as criminals for engaging in prostitution. According to the US Department of Justice approximately 1,500 youth were arrested for prostitution in 2008 (Puzzanchera, 2009). According to Musto (2013) studies conducted on CSEC youth illustrate the ongoing revictimization they face when undergoing the criminal justice system. Prosecuting youth for prostitution further reinforces a criminal self-concept thus perpetuating a self-fulfilling prophecy (Musto, 2013).
The most current legislation aside from Senate Bill 1322 were the Safe Harbor laws were enacted in 2012 (Barnet et al., 2016). These laws passed in several states were the first attempts at redirecting law enforcement from criminalizing victims of trafficking and placing them under child welfare protection. The Safe Harbor laws were the first of its kind to protect sexually exploited children from domestic trafficking rather than shaming and prosecuting them for being victim of circumstance. Even so, Barnet et al., (2016) illustrate how the lack of funding and resources led the way for various providers to by-pass the Safe Harbor laws by continuing to incarcerate trafficked youth in the court system regardless of Safe Harbor laws in place. In spite of the continued victimization the Safe Harbor Laws were a gateway for the introduction of SB 1322.
Following the Safe Harbor laws in 2014 Governor Brown of California signed into law in funds to be divided between SB 855. The budget trailer bill allocated $ 14 million in funding to be allocated for CSEC training for social services programs and the creation of CSEC programs whose goals were prevention, intervention and services for CSEC youth (California Legislative Information, 2016). Granting SB 855 was approved with the purpose of identifying a linear path to the dependency court system for victims, the commercially exploited children are still being prosecuted through the juvenile court system. Whether due to funding or lack of identification victims are continuing to be arrested for prostitution, loitering, or a similar crime adding to their victimization. Even though SB 855 funding provided resources to aid victims there is minimal data to support how the system is serving the victim.
Senate Bill 1322 originated as a reform to the 2014 SB 855 however was developed to legally distinguish CSEC as victims. The much-debated law can be found in California’s Penal Code. The bill amends sections 647 and 653.22 of the Penal Code, as it relates to minors (California Legislative Information, 2016). The act provides minors immunity from arrest for engaging or soliciting sexual intercourse. The purpose of the legal distinction between adults and minors was to reduced victimization and punishment for underage victims of sexual exploitation. Alternatively, to arresting minors for prostitution they are now linked to California’s Department of Social Services with the intent of providing safe shelters along with mental health services (California Legislative Information, 2016). In decriminalizing prostitution as it relates to minors the policy seeks to close down barriers that hinder the CSEC population from seeking support and identifying their exploiter.
