8th Circuit Rules Sex Trafficking Act Applies to Customers (
TO AVOID - Never discuss any sex act or abbreviations for money. Only respond to ads that state an hourly rate for companionship. Never tip for a sex act like in a massage parlor. If you break these rules be sure companion or massage person is over age 18 since in addition to up to 15 years in prison for child sex trafficking (vs 10 years if adult) it is also statutory rape. In police training they assume any ad that says age 26 or younger may actually be a child pretending to be an adult. The penalty for sex trafficking is up to 10 years in prison if consenting adult and up to 15 yrs if coerced or a minor. In 2013 the 8th Circuit said “there is no exception for a customer.” This decision with extensive 17 page published Appeals Court opinion may encourage more customer arrests since trafficking law seems to clearly apply to the “clients” The Appeals Court reversed the lower Court which found the Act did not include customers. That is now reversed with a strong opinion. The 8th Circuit ruled:”Nothing in the text of Sec 1591 expressly limits its provisions to suppliers or suggests Congress intended categorically to exclude purchasers or consumers (clients) of commercial sex acts.” The court rules that “whoever” and “obtains” in the Act applies to customers. The case is United States v. Daron Lee Jungers who sadly committed suicide the day before sentencing. The case involved underaged girls advertised on bp so he faced up to 15 years in prison vs 10 yrs if it was an adult. He agreed to pay $60 for oral sex.http://wcfcourier.com/news/local/man-found-dead-in-cedar-falls-was-awaiting-detention-hearing/article_de2b4794-699a-11e2-a51d-0019bb2963f4.html There are many cases convicting anyone who places an ad on bp etc for a prostitute is guilty of sex trafficking. Also there is Federal jurisdiction under interstate commerce when trafficking is online going through servers in various states (United States v. Myers), or by telephone. The 11th Circuit in U.S. vs Evans ruled even using a condom manufactured outside of the state was interstate commerce. Unlike the Mann Act there is no requirement that sex trafficked person cross state lines. After 8 sex trafficking arrests including 4 “clients” in Denver March 2013, Mrs M, who heads an advocacy group called the Sex Workers Alliance Network, believes it is important that laws distinguish between those who work in the industry by choice from those who are being trafficked. Mrs M says the issue of sex trafficking has been seized by activist groups she describes as "abolitionist feminists" and members of ultra-conservative Christian groups, as a way to help push their desire to eradicate the sex industry entirely. Sex trafficking and the “rescue industry” is getting huge grants and donations using the sham its only about children and forced prostitution. “The law, as it’s written, makes the assumption that nobody would possibly ever get into the line of work unless they were brainwashed or forced into it, or they were simply out of control and could not control their bodies,” said Allen Lichtenstein, the ACLU’s legal counsel. In the July 2013 3 day FBI operation 28 adults arrested in Phoenix but no data on breakdown of sexworkers vs customers. In Chicago 323 adults were arrested but no break-down and 2 underaged “rescued” and arrested. In Chicago the Daily Heard reports, “ Charges stemming from the effort include adult and juvenile felony sex trafficking.”
There is no reason to except buyers of commercial sex acts from criminal responsibility for knowingly purchasing sex from women who have been trafficked, or who are underage. Keep in mind we are not talking about consensual sex here, or strict liability for sex with underage children. The buyer is criminally responsible only if he is knowingly involved and specifically that he knew, or acted in reckless disregard of the facts,
“that means of force, threats of force, fraud, coercion …
or any combination of such means will be used to cause the person to engage in a commercial sex act, or that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act, shall be punished as provided in subsection (b).”
Let’s keep it consensual, let’s keep it between adults, let’s keep it outcall only, and let’s keep third parties – whether pimps or agencies- there is really no difference- out of the transaction, and we have the best possible case for some degree of decriminalization of this one branch of prostitution
You may want to educate yourself, as it the client doesn't have to know the person is a minor or an illegal immigrant as its all deemed trafficking, all commercial sex acts are classified as TRAFFICKING, this has nothing todo with trafficking as its just a guise to police the activities of consenting adults.
“that means of force, threats of force, fraud, coercion …
or any combination of such means will be used to cause the person to engage in a commercial sex act, or that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act, shall be punished as provided in subsection (b).”
Let’s keep it consensual, let’s keep it between adults, let’s keep it outcall only, and let’s keep third parties – whether pimps or agencies- there is really no difference- out of the transaction, and we have the best possible case for some degree of decriminalization of this one branch of prostitution.
I am talking about 18 USC 1591 and the Jungers case that you brought to our attention.
With respect to this statute and this case, your statement
“the client doesn't have to know the person is a minor or an illegal immigrant as its all deemed trafficking, all commercial sex acts are classified as TRAFFICKING,” is completely wrong.
The full text of the statute is below. Note that the word “knowingly” is in there twice, although there is an exception for reckless behavior in the second part. And neither the statute nor the case make all commercial sex acts trafficking.
With respect to the case, the sleazebag Jungers specifically asked the undercover officer for an 11 year old girl for sex and was convicted by the jury for trafficking a minor:
After several e-mails discussing details about the girls, their ages, and the rates for
sex, and after receiving an age-regressed photograph of adult female
officers, Jungers indicated he wanted an eleven-year old girl for an hour so she could perform oral sex on him.
Note also how the statute is titled. This tells you it does not apply to all commercial sex acts:
18 U.S.C. § 1591. Sex trafficking of children or by force, fraud, or
coercion
(a) Whoever knowingly —
(1) in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States,
recruits, entices, harbors, transports, provides, obtains, or maintains by
any means a person; or
(2) benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in
violation of paragraph (1),
knowing, or in reckless disregard of the fact, that means of force, threats of force, fraud, coercion described in subsection (e)(2), or any combination of such means will be used to cause the person to engage in a commercial sex act, or that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act, shall be
punished as provided in subsection (b)
Don't waste your breath.
China ponders closing 'outdated' re-education labour camps
"Since the 1950s, China has used "re-education through labour" to imprison people without trial.
Currently, there are an estimated 400,000 prisoners undergoing re-education through labour in around 310 camps across the country, according to China Labour Bulletin, a Hong Kong NGO.
The camps were originally used in Chairman Mao's era to lock away so-called Rightists, counter-revolutionaries and landlords. While five to ten per cent of the detainees today remain political prisoners, the camps are more commonly used to house drug addicts, street hawkers, PROSTITUTES, and pickpockets. Inmates can be imprisoned at the camps for a maximum of four years."
-- Modified on 8/18/2013 12:04:54 PM
I guess he didn' read the part that said
"(a) Whoever knowingly —
(1) in or affecting interstate or foreign commercet
affecting interstate is a commercial sex act as defined in the Mann act and also includes any illegal immigrant, so when you pick a escort that is here illegally you can go to jail for 10 to 15 years. Nobody is advocating for anyone to buys sex from kids and your NAIVE if you think the morals witch hunt is really about rescuing any kids. No doubt you didn;t bother to read years of research conducted by a lady that spend 10 years with LAPD.
Decriminalization will only happen when we take our case to court, like we did in Rhode Island in 1979, and we were the only state the indoor sex work between consenting adults was legal from 1979 until 2009 and they voted into criminalize us over this trafficking hysteria. All anti trafficking groups are frauds as their real agenda is to abolish all forms of prostitution.
I doubt advocating for pimps and agencies will help us in our fight for decriminalization. Wake up hardly anyone requests outcalls 90% of all calls are incalls. The real case that will be filed soon can be found on esplerp.org we are a 501 c 3 and your donatiosn to our legal fund are tax deductible Our court case can be seen here,
Ourcourtcase
http://www.youtube.com/watch?v=NwBbtUu_oTI
How is keeping sex work illegal under the guise of trafficking a good thing, as it takes away the sex workers right to dial 911 and report being robbed, rped, exploited, harased, threatened or murdered. Nor does it do ANYTHING to find the few real victims that are out there. Conflating sex work with trafficking is what keeps us criminalized, and if you support this anti trafficking bullshit your PROMOTING VIOLENCE against sex workers.
Perhaps the next girl you call for an outcall will be an illegal immigrant and then you'll be doing 10 to 15 years.
I will add for the benefit of other readers that the reason I believe the decriminalization effort should focus on “out call only” consensual adult sex for pay is because there are legitimate public policy reasons for making “in call” prostitution illegal.
There is no meaningful way to distinguish “in call” from a “brothel.” You will find that most states have an entire separate statute prohibiting the operation of a brothel and many make it a felony.
The public harms from operating a brothel are very real independent of any trafficking issues –depreciation of property values, zoning violations, parking violations, and almost always third party involvement (pimps, agencies, or whoever owns or rents the property) and the law just hates a third party making money off of a lady’s decision to sell her favors. Moreover, the third party invariably violates other laws in operating the business, as can be seen from the regular indictments of agencies from the DC Madam to the recent bust of the New York agency.
Now why are these legitimate public policy objections to in call prostitution so important? Because the Supreme Court in the Texas sodomy case said that moral objections to consensual adult sexual behavior cannot not be used to criminalize the behavior – there must be a rational basis for the prohibition to make it constitutional.
It is very easy to show a rational basis for prohibiting in call prostitution as explained above; much more difficult for out call prostitution between educated, health conscious independents and clients.
Sadly, Coyote and most advocacy groups have not grasped this distinction and continue to push for complete decriminalization, including the repeal of laws against pimping and pandering, which ain’t going to happen.
Finally, as to your bizarre statement that the Junger case and the sex trafficking statute stand for the proposition that a client who selects an “illegal immigrant” can go to jail for 10 to 15 years – um, no. Have you even read the case
I guess he didn't get the part that any client can now be charged with trafficking even if they are with a consenting adult, or if the escort lies and says she is a victims to avoid prosecution. Yet he says this is a good thing LOL
The penalty for sex trafficking is up to 10 years in prison if consenting adult and up to 15 yrs if coerced or a minor.