Sunday, November 4, 2012

CA - California's Prop 35: Targeting the Wrong People for the Wrong Reasons

Original Article

Congress loves to pass bills to "look tough" on crime without doing any studies, just to make themselves look like they are actually doing something, instead of just collecting a paycheck. I wonder, if this passes, if the John's will also be labeled "sex offenders?"


By Melissa Gira Grant

California voters hold the power this Election Day to decide if many thousands of people convicted of prostitution-related offenses in their state must now register as sex offenders. These are their neighbors, their friends, their family—whether they know it or not—and many are women: trans- and cisgender women, poor and working class women, and disproportionately, they are women of color.

This attack on women already made vulnerable to violence and poverty is just one of the possible consequences of Proposition 35, a ballot initiative marketed to voters as a tough law to fight trafficking but is instead a “tough on crime” measure backed with millions of dollars from one influential donor, written by a community activist with little experience in the issue. If it passes? Advocates for survivors of trafficking, civil rights attorneys, and sex workers fear that rather than protect Californians, it will expose their communities to increased police surveillance, arrest, and the possibility of being labeled a "sex offender" for the rest of their lives.

Trafficking is a hot-button issue, where even defining what is meant by the term is contentious and deeply politicized—but at a minimum, it describes forced labor, where the force may be physical or psychological in nature. The International Labor Organization (ILO) estimates that nearly 22 million people may be involved in forced labor worldwide, the majority of which does not involve forced labor in the sex trade. In the United States, anti-trafficking law developed over the last ten years has advanced definitions of trafficking. In addition to Federal law, states have passed their own trafficking laws, which overlap with existing laws against forced labor, child labor, minor prostitution, or prostitution in general.

A good deal of advocacy around trafficking is concerned with proposing new laws, with several organizations—such as the Polaris Project and Shared Hope International—focused on introducing copycat legislation state-after-state, focused on increasing criminal penalties associated with trafficking and moving resources to law enforcement. There is little evidence that strengthening criminal penalties and relying primarily on law enforcement are strategies to end forced labor; in fact, advocates who work with survivors of trafficking, as well as people involved in the sex trade and sex worker rights' advocates, have documented the limitations and dangers of a “tough on crime” approach on trafficking. Still, the “tough on crime” approach has become dominant in what some anti-trafficking advocates now call “the war on trafficking.”
- Why do the war-mongers love to attach the "war" label to things? Everything is a war to them. War on drugs, obesity, education, women, men, children, blah, blah, blah.

Treating Those In the Sex Trade as Sex Offenders

Proposition 35 adds to this dangerous mix: the overlapping matrix of laws concerning trafficking, the increasingly common conflation of commercial sex with trafficking found in these laws, and the concerns of rights' advocates. If passed, Prop 35 will create more severe criminal penalties for what it describes as "sexual exploitation"—a potentially far-reaching term that can include any kind of commercial sex, whether or not force, fraud or coercion was present.


g4change said...

More feel-good crap legislation for a state that has overcrowded prisons and cities going bankrupt. This is another train wreck waiting to happen - just like the Jessica's Law proposition over there. Absolute total California-style stupidity!!!!

Babachet said...

Holly smokes!! Fear mongering is alive and well! Well looks like the prostitutes and all their johns don't get to go trick or treating anymore. California is working wonders ruining lives. No possible way it will curve crime at all!!!

Eric Knight said...


This issue is, frankly, not as much about trafficking as it is in the little "aside" they barely even mention:


THIS is the MAIN reason for this initiative. This bill has failed in the legislature twice by OVERWHELMING amounts, including republicans, because of the draconian costs and legal defense issues. But note that they are tying in a relatively insignificant aspect of trafficking: using the Internet to post pictures...and then extrapolating it to ALL RSO's.

While I agree that the prostitution issue will present problems, at least the courts will easily rule against registration for prostitution violations involving non-coerced adults. What will be a LOT harder will be to ensure the courts to repeal the blanket-EID inclusion.