1. Katherine L. Baudler
JPST 355
Investigative Analysis
March 17, 2016
Human Trafficking in the US
Part 1: Decriminalizing Prostitution in order to decrease Sex Trafficking
Sex Trafficking, as a form of Human Trafficking, is rarely debated to evaluate whether or
not it is an issue, but rather, the debate is held in attempting to find what the best approach would
be in addressing such a grand issue that is both deeply rooted in society and is highly diverse and
complicated. A focused debate within the field is how to solve the issue of sex trafficking
through the lens of prostitution. Majority of experts come to two contradictory conclusions held
at each pole; should prostitution be legalized or criminalized? These two mindsets are both
based on the framing of the issue and how it can be evaluated and then addressed.
This research was accumulated and compared by Robert Kiener, an award-winning writer
whose work has appeared in the London Sunday Times, The Christian Science Monitor, The
Washington Post, Reader's Digest, Time Life Books, Asia Inc. and other publications, as he sates
in the CQ Press Research who evaluated multiple authors and their research in holding the stance
of decriminalizing prostitution states that it would create a safer place for women to work in the
sex industry with both the safety of legislature within a legal industry, while also decreasing the
possibility of being physically trafficked. This is the impression of Cari Mitchell who has
worked with Spokeswoman, and English Collective of Prostitutes, in London, England, and has
written for CQ Global Researcher who says,

2. “Decriminalizing prostitution increases sex workers' safety by dismantling a legal
system that forces women to work in isolation at risk of violence. The most
compelling evidence comes from New Zealand, which decriminalized it in 2003.
Sex workers are safer, attacks are cleared up quicker and women find it easier to
leave prostitution, since they no longer are barred from other jobs by a criminal
record.” (Mitchell, C.)
On the other hand, Norma Ramos holds a conflicting opinion, legalizing prostitution is
not an option. She states,
“The way to address oppression is to end it — not to legalize it, regulate it or make it
more tolerable. Legalizing prostitution is not only a betrayal of the promise of equality
for women and girls, it creates the legal and social conditions that encourage human
trafficking and inevitably leads to an exponential expansion of sex trafficking.”
(Ramos, N.)
These two positions agree on the underlying issue: sex trafficking is wrong and removes
the dignity of those involved because of the issue of force and coercion, but where ideals differ is
when the force and coercion piece seems to be removed. When the sex industry is within the
possibility of choice in prostitution, there is debate among these professionals in creating an
element of legalization through decriminalizing, or taking a different approach entirely.

3. Part 2: Support for both sides
These two arguments have incredibly different positions, but they are both well
researched. Looking into the first position, there is much concern for the safety of the women
and a view of freedom as to be able to participate in any profession. Also, with the
decriminalizing of prostitution, this could allow for the space women to have opportunity after
and not get caught in the patterns of human trafficking because of having a criminal record and
then turning to their last option keeping them in the spiral of violence.
“Since prostitution will occur regardless of its legal status, it should be
decriminalized. That would make prostitutes more willing to report violence
against them to the authorities and make it easier to ensure that they practice safe
sex. Prosecuting prostitution hurts women who depend on it for their livelihood.”
(“Legalizing Prostitution.”)
This mindset holds the perspective that sex trafficking and prostitution will always
occur and the current system is restricting women’s freedom and safety while also keeping the
sex industry as an underground network, making it difficult to find out the truths of what is
actually happening. In a sense, this would create a black market for a legalized industry, causing
a larger discrepancy in the justice for these trafficked women.
This is happening in many areas of work and there is no concern for the general
protection of women, so this industry is also designated to be acceptable due to current social
standards, “Supporters also question why, if ensuring the welfare of the women involved is the
goal, prostitution is illegal but other low-paying jobs in which women work under unsafe

4. conditions are not” (“Legalizing Prostitution.”) This perspective of decriminalizing prostitution
demands transparency for the immediate relief of protecting women through creating an ‘above-
ground’ structure that can be regulated, and monitored. In this protection of women, the
legislation could be implemented to place precautions on how to decrease both physical and
sexual abuse, regulate procedure and increase screenings in order to decrease sexually
transmitted infections/diseases, and ideally remove aspects of shaming upon the women in the
industry through normalizing the industry. “Legalization or decriminalization would also better
protect prostitutes from disease, advocates say.” (“Legalizing Prostitution.”) This approach to
eliminating the issue is a noble approach to more immediate solutions, but is this enough? Does
it eradicate the problem? Is this condoning a lifestyle that is inacceptable to the United States
culture?
The opposing side, which entails eliminating prostitution, would recognize the above
notion as completely unacceptable for one main reason: this opens the gateway of ‘moralizing’
an immorality societally and justifying and injustice. This contains many complicated elements.
Within the same article, highlighting issues and controversies, those opposed to legalizing
prostitution say,
“Legalizing prostitution would send the message that the public approves of the
practice. Even if prostitution were legalized, it would be hard to prevent the
exploitation of women. Prostitution also harms neighborhoods by lowering the
quality of life and attracting other types of crime, and it encourages trafficking in
both women and children.” (“Legalizing Prostitution.”)

5. This position looks at the issue at hand as a message to the public and a dehumanization
of the women that would be in the sex work if legalized. As stated in the quote, this position
evaluates that this exploits women and harms the areas in which people live. “Critics say that
even under a system of legal prostitution, prostitutes are treated poorly and tend to have little
power.” (“Legalizing Prostitution.”) This became clearer in further explanation. Allowing and
legalizing prostitution does not think about the men or enforce any required change. The
violence will not halt simply because of legalization so all this would do is encourage a culture
where this violence is acceptable towards women.
The article continues to argue that this, contrary to belief, will not decrease the spread of
sexually transmitted infections/diseases. “Disease is another problem that legalizing prostitution
does not solve, opponents say.” (“Legalizing Prostitution.”) The predicament is presented that
women are therefore required to debate the added money that can be simply offered for setting
aside the laws because of the privacy that must be maintained. This causes the legislation of
encouraging this ‘black market’ within an approved market, which does not eliminate the abuse,
pressure or infection/disease spreading.
Within the article, Janice Raymond, from the Coalition Against Trafficking of Women
stated, "Legalization of prostitution sends the message to new generations of men and boys that
women are sexual commodities and that prostitution is harmless fun." (“Legalizing
Prostitution.”) This creates a mindset of dehumanizing women as we live in a culture where
majority of sexual exploitation occurs with women and through media and societal influences,
men and boys are set into a structural misunderstanding that women are to be used. This furthers
the mantra. “Permitting prostitution to occur undisturbed demonstrates a fundamental lack of

6. respect for women, they assert.” (“Legalizing Prostitution.”) The legalization allows for above
ground prostitution while encouraging the underground to exist and many believe even grow.
The article effectively addresses the question, "When prostitution is considered a real job instead
of a human rights violation, why should the state offer services for escape?" (Farley, Melissa.
Prostitution and Trafficking in Nevada: Making the Connections)
Part 3: Power Dynamics
Like all human rights issues, there is always an imbalance of power. In this case, there
are four different involved parties. In the issue of human trafficking there is a high complexity
with a general understanding of it being an immoral and unethical human rights violation. The
debate within prostitution has a different stance of power dynamics that are intricately involved
which include these four factions: the sex industry, the sex workers, and
‘Johns’/traffickers/managers, the profiting ‘big businesses’ and the media.
As policy is discussed to possibly legalize prostitution, something that is incredibly
important to realize is the distinct power dynamics of all whom are involved. The imbalance of
the power all being held in the sex industry, the ‘Johns’/traffickers/managers, and the media,
which completely outweighs the remaining power, if any, that is given to the sex
workers/trafficking victims. This leaves an incredibly skewed dynamic because it is important to
recognize the place in which a person or group may be coming from to see one’s reasoning in
their mindset. As positions are exposed and verdicts are often made from these places of power,
there is no surprise that the legalization of prostitution would be convincingly positive because it
is beneficial to all of the voices heard.

7. Now, on the contrary, the women that are in the sex industry often feel trapped in the
cycle of violence, poverty, and sex trafficking. With that said, there are some women that have
spoken in claims of the sex industry being an honorable profession and in some cases, even
empowering. These women say that they are utilizing their sexual freedom and performing in a
profession they are proud of. In question, is this a voice that came from them without coercion?
Returning to the aspect of power in play, it is important to realize that many of these women
have been coerced, manipulated, culturally perverted and often as a last result joined this lifestyle
in response.
Is this a genuine voice of one that has been molded when in a power stance of
oppression? This is further explained in the Hastings Women’s Law Journal written by
Elizabeth Bernstein saying, “Although a growing number of first-person accounts have been
published by highly articulate sex workers and prostitutes’ rights activists, it is not entirely clear
how representative their voices are, or if other prostitutes, particularly in the low ends of the
industry, share their perspective of how they envision their work at all.” (Bernstein, Elizabeth.
"What's Wrong with Prostitution…”)
The underlying factor of all of this is that the power at play ‘approves’ a corrupt system,
which glorifies the dehumanization of women and labels the voice of the voiceless women that
are trapped in the cycle of sex trafficking. When all are benefitting besides the sex workers, it is
easy to maintain the issue at hand. I am passionate about switching the mindset and targeting
those at fault and liberating the victims of human trafficking. If legislature is written in either
direction, it will be incredibly difficult to change and it is pivotal to acknowledge the power
dynamics at play. Through evaluating all of angles of research, sometimes policy changes are
rigid and difficult to change once you take a step in one direction.

8. Part 4: Core Values
Knowing that there are many lenses and one of them is the position of power, I also
realize that I have lenses of my own. Coming from a perspective of sexuality as something that
is sacred, I realize that my perspective may be counter-cultural. However, I find that there are
many people from all walks of life that come to the same conclusions through diverse lenses. I
would argue that the majority of people find an issue with human trafficking as stated previously,
but there is that discrepancy when addressing prostitution.
This landslide of morality and value has the power to destroy our nation, and it is in
reflection of the decisions we have the power to make. I am guided by addressing the women
whom deserve to have a voice but are silenced and distorted because of the power dynamic of
the complex nature of infusing the public sphere of business and the privacy of sexual relations.
Justice and Peace often comes to the cross road of being challenged and I think that advocating
for the protection of these victims in defending truth in recognizing their dignity as people.
Coming from an empathetic heart where I connect women in a way that I have been called to
relate and serve, I recognize not just my privilege but also my need to speak out in response to
injustice to find an avenue for maintaining and creating justice and peace. To establish a
foundation of justice, it seems to me that through research, criminalizing the pimps and
traffickers while establishing aid for the victims is the just response.
I also recognize that this is all tied in with the even larger issue of human trafficking as a
whole. Radical change sometimes cannot be immediate where there is a fully rounded structure
maintaining the strength of the injustice. In a rational response, I realize that sometimes justice
of a human rights violation is not fixed overnight. Looking for a practical step to guide the next

9. step, I found a bill that has the potential for transparency and opening countless windows for
progress in seeking the end goals of justice through truth and morality in defeating human/sex
trafficking.
Part 5: Advocacy
This is the moment of action. In response for this need for action, I found two ways in
which change can positively occur. They are incredibly different as one addresses an immediate
direct action while the other incorporates grand broad policy to idealize a global exposure to the
truths of human trafficking and how it requires an accountability for all parties that have the
moral obligation to choose their level of participation and transparency in one’s connectedness to
an issue that many are advocating for the accessibility of the service while claiming no
responsibility for the repercussions.
The first group, on the front lines, that I think has a great system to making immediate
change of the challenge of human trafficking is the Anaheim Police Department as a pilot
program. This lengthy step-by-step process is definitely lots of work, but it addresses an
incredibly complex system that is incredibly difficult for these victims to liberate themselves
from. This intricate process accounts for the many obstacles that the victims encounter in the
prominent spiral of violence in human/sex trafficking.
Anaheim Police Department (APD)- Criminalized Pimps, Victimized traffickers
Between August 2011, when the project started, and April 30, 2012, the Anaheim vice
detail arrested and charged 27 pimps. The courts convicted 16, and 11 await trial. Of the
29 human trafficking victims rescued.

10. Their process:
1. Remove the prostitutes. Undercover vice investigators contact street walkers, obtain
solicitations, take the women into custody, and transport them to the police department.
2. Begin the transformation. At the department, officers remove the handcuffs and direct the
women to a special interview room, an office converted to be comfortable. Victim
advocates and volunteers decorate the room with soft-colored paint, a couch, love seat,
lamps, blankets, magazines, paintings, and stuffed animals.
3. Rescue the victims. Arresting officers explain to the women that they rescued them. They
discuss the manipulation and control that led the victims into prostitution. This
experience becomes emotional once the women realize their situation.
4. Correct the life course. The APD collaborates with a nonprofit victim advocacy
organization to obtain advocates for the victims. Once the women’s mind-set shifts from
in-custody prostitute to human trafficking victim, the investigator introduces the
practitioner. The officer leaves the room to allow for counseling and assistance. The
women receive a change of clothes and a backpack of toiletries, makeup, and other
essentials. The advocate offers food, shelter, counseling, transportation, job training, and
life-management skills. Occasionally, the women reject this approach and submit to their
current situation. Most victims accept this assistance and express their desire for a better
life.
5. Collect the evidence. The top priority is to rescue these women and prevent them from
returning to prostitution. The second priority is to pursue the trafficker. After the
recovery process begins, investigators reintroduce themselves. They seek cooperation in

11. building a case against the pimp. Vice officers gather evidence, including statements,
hotel register records, video surveillance tapes, cell phone pictures, and text messages.
6. Pursue the pimp. When they obtain sufficient evidence, vice investigators seek out and
arrest the pimp. A prostitution arrest results in a misdemeanor citation, with the hooker
getting out of jail and working again within a few hours. If the prostitute remains in
custody, the pimp obtains another woman. In California, pimping and pandering charges
carry a minimum sentence of 3 years in state prison. Arresting the pimp results in a
bigger impact on deterring prostitution activity.
7. Prosecute the trafficker. This human trafficking approach initially surprised the Orange
County District Attorney’s Office. Pimping and pandering prosecutions were rare, with
only three such arrests in Anaheim between 2008 and August 2011, when this program
started. Presenting newly-reformed street prostitutes as victims in court brought
uncertainty and reluctance from filing deputy district attorneys. The APD vice sergeant
and investigators hosted meetings and training sessions with deputy district attorneys to
outline the new approach, its impact on prostitution, and the potential to save lives.
Prosecutors recognized the jury appeal in presenting the story of human trafficking and
equating it to sex slavery. The vice sergeant became a court expert in pimping, pandering,
and human trafficking. Successful prosecutions brought confidence and enthusiasm
toward Anaheim’s human trafficking filings. These cases now have a reputation for
quality, thoroughness, and jury appeal.
This is an incredibly intricate procedure that addresses the needs of the vulnerable position of
the victims of human trafficking and the process required to work within the layered system that

12. locks injustice into penalizing victims and limiting the criminal consequences of violating human
rights through human trafficking. This not only had an impressive process but it also had
incredible results. The police department reported that:
“74 percent remain free from subsequent arrest; 3 returned to prostitution; 10
maintain contact with their victim advocates; 2 returned to school; 2 adult victims
continue counseling; and 2 continue cooperation with law enforcement and currently
are preparing to testify against their traffickers.” (Marcin, Steve.)
Since then, there have been many positive results. “As of October 31, 2012, 38 pimps have
been arrested and charged. Twenty were convicted and 18 are awaiting trial. The Anaheim vice
detail has rescued 52 human trafficking victims; only 4 are known to have returned to
prostitution.” (Marcin, Steve.) It is important to address that through this success and police
enforcement; there can be much change and success. How can we best address some of the root
issues to prevent this issue occurring in the first place?
Much of sex-trafficking and human-trafficking revenue comes from the sourcing of the
business world. This is incredibly silenced notion so the primary step would be to find a way to
make sure companies are being transparent in where they are connected. The Catholic Relief
Services has effective direct action while they also are working through policy to find solutions
for removing this oppression from women. They have created a Human trafficking bill, called
the 1968 Business Supply Chain Transparency Act, which will aid in transparency through
clarification and transparency of process including support purchase. This will affect many

13. industries, like hotels, for example, which often create revenue through room rentals for sex
trafficking.
The next step is attempting to convince the chamber of commerce, which seems incredibly
possible because similar legislature has been passed in California and the United Kingdom. This
bill would apply to companies over revenue over $100,000 through displaying their annual
reports. This does not solve the problem, but it leaves room for social pressure to make changes
when a company is required to report their connection to injustice. This bill brings hope because
it has seems like a possible step in a process in acquiring justice. The next target of policy is to
find the support of Amy Klobuchar. As a Minnesota Senator, she has previously been a large
supporter with consciousness and elimination of Human Trafficking, but the difficulty is that she
is also in favor of the current business structure and there is a monumental support system for her
in this branch within this election year. There is hope for this bill to progress and I know that I
will be highly involved with it’s movement through the being a Catholic Relief Services
Ambassador on campus. There is hope for great change and I find that this bill is both
systematic and a large bounce board for further advancement.

14. Katie Baudler
JPST 355
Investigative Analysis
March 17, 2016
Works Cited
Bernstein, Elizabeth. "What's Wrong with Prostitution--What's Right with Sex Work—
Comparing Markets in Female Sexual Labor." Hastings Women's Law Journal 10.1
(1999): 91-118.
Kiener, R. (2012, October 16). Human trafficking and slavery. CQ Global Researcher, 6, 473-
496. Retrieved from http://library.cqpress.com.ezproxy.stthomas.edu/
“Legalizing Prostitution.” Issues & Controversies. Infobase Learning, 23 Jan. 2009. Web. 17
Mar. 2016. <http://icof.infobaselearning.com/recordurl.aspx?ID=1652>.
Marcin, Steve. "Prostitution and Human Trafficking: A Paradigm Shift." FBI. Law Enforcement
Bulletin, Mar. 2013. Web. 10 May 2016. <https://leb.fbi.gov/2013/march/prostitution-
and-human-trafficking-a-paradigm-shift>.
Melissa Farley and Howard Barkan, “Prostitution, Violence, and Post Traumatic Stress
Disorder,” Women and Health 27, no. 3 (1998): 37-49.
2 M. Alexis Kennedy, Carolin Klein, Jessica T.K. Bristowe, Barry S. Cooper, and John C.
Yuille, “Routes of Recruitment into Prostitution: Pimps’ Techniques and Other
Circumstances that Lead to Street Prostitution,” Journal of Aggression, Maltreatment,
and Trauma 15, no. 2 (2007): 1-19.
3 B. Bullough and V.L. Bullough, “Female Prostitution: Current Research and Changing
Interpretations,” Annual Review of Sex Research, no. 7 (1996): 158-180.