The war on sex trafficking is the new war on drugs; and the results will be just as disastrous, for "perpetrators" and "victims" alike.

AuthorBrown, Elizabeth Nolan

"SEX TRAFFICKING of Americans: The Girls Next Door."

"Sex-trafficking sweep nets arrests near Phoenix truck stops."

"Man becomes 1st jailed under new human trafficking law."

Conduct a Google news search for the word trafficking in 2015 and you'll find pages of stories about the commercial sex trade, in which hundreds of thousands of U.S. women and children are supposedly trapped by coercion or force.

A few decades prior, a survey of "trafficking" headlines would have yielded much different results. Back then, newspapers recounted tales of "contemporary Al Capones trafficking illegal drugs to the smallest villages and towns in our heartland," and of organized "motorcycle gangs" trafficking LSD and hashish. "Many young black men in the ghetto see the drug trade as the Gold Rush of the 1980s," the Philadelphia Inquirer told readers in 1988. The National Center for Missing and Exploited Children (NCMEC) warned of a "nationwide phenomenon" of drug lords abducting young people to force them into the drug trade. Crack kingpins were rumored to target runaways, beating them if they didn't make drug sales quotas.

Such articles offered a breathless sense that the drug trade was booming, irresistible to criminals, and in desperate need of child foot soldiers. Lawmakers touted harsher penalties for drug offenses. The war on drugs raged. New task forces were created. Civilians were trained how to "spot" drug traffickers in the wild, and students instructed how to rat out drug-using parents. Politicians spoke of a drug "epidemic" overtaking America, its urgency obviously grounds for anything we could throw its way.

We know now how that all worked out.

The tactics employed to "get tough" on drugs ended up entangling millions in the criminal justice system, sanctioning increasingly intrusive and violent policing practices, worsening tensions between law enforcement and marginalized communities, and degrading the constitutional rights of all Americans. Yet even as the drug war's failures and costs become more apparent, the Land of the Free is enthusiastically repeating the same mistakes when it comes to sex trafficking. This new "epidemic" inspires the same panicked rhetoric and punitive policies the war on drugs did--often for activity that's every bit as victimless.

Forcing others into sex or any sort of labor is abhorrent, and it deserves to be treated like the serious violation it is. But the activity now targeted under anti-trafficking efforts includes everything from offering or soliciting paid sex, to living with a sex worker, to running a classified advertising website.

What's more, these new laws aren't organic responses by legislators in the face of an uptick in human trafficking activity or inadequate current statutes. They are in large part the result of a decades-long anti-prostitution crusade from Christian "abolitionists" and anti-sex feminists, pushed along by officials who know a good political opportunity when they see it and by media that never met a moral panic they didn't like.

The fire is fueled by federal money, which sends police departments and activist groups into a grant-grubbing frenzy. The anti-trafficking movement is "just one big federal grant program," Michael Hudson, a scholar with the conservative Hudson Institute, told the Las Vegas Review-Journal. "Everybody is more worried about where they're going to get their next grant" than helping victims, Hudson said.

Because of the visceral feelings that the issue of paid sex has always provoked, it's easy for overstatements and false statistics to go unchallenged, winning repetition in congressional hearings and the press. Yet despite all the dire proclamations, there's little evidence of anything approaching an "epidemic" of sexual slavery.

The Numbers Don't Add Up

From 2000 to 2002, the State Department claimed that 50,000 people were trafficked into the U.S. each year for forced sex or labor. By 2003, the agency reduced this estimate to 18,000-20,000, further reducing it to 14,500-17,500 in subsequent reports. That's a 71 percent decrease in just five years, though officials offered no explanation as to how they arrived at these numbers or what accounted for the drastic change. These days, federal agencies tend to stick to the vague "thousands" when discussing numbers of incoming victims.

Globally, some 600,000 to 800,000 people are trafficked across international borders each year, the Department of Homeland Security (DHS) estimates. But the Government Accountability Office (GAO) in 2006 described this figure as "questionable" due to "methodological weaknesses, gaps in data, and numerical discrepancies," including the rather astonishing fact that "the U.S. government's estimate was developed by one person who did not document all his work." And even if he had, there would still be good reasons to doubt the quality of the data, which were compiled from a range of nonprofits, governments, and international organizations, all of which use different definitions of "trafficking."

Glenn Kessler, The Washington Post's "Fact Checker" columnist, began digging into government-promulgated sex-slavery numbers last spring and discovered just how dubious many of them are. "Because sex trafficking is considered horrific, politicians appear willing to cite the flimsiest and most poorly researched statistics--and the media is content to treat the claims as solid facts," Kessler concluded in June.

For instance, Rep. Joyce Beatty (D-Ohio) declared in a May statement that "in the U.S., some 300,000 children are at risk each year for commercial sexual exploitation." Rep. Ann Wagner (R-Mo.) made a similar statement that month at a congressional hearing, claiming the statistic came from the Department of Justice (DOJ). The New York Times has also attributed this number to the DOJ, while Fox News raised the number to 400,000 and sourced it to the Department of Health and Human Services (HHS). But not only are these not DOJ or HHS figures, they're based on 1990s data published in a non-peer-reviewed paper that the primary researcher, Richard Estes, no longer endorses. The authors of that study came up with their number by speculating that certain situations--i.e., living in public housing, being a runaway, having foreign parents--place minors at risk of potential exploitation by sex traffickers. They then simply counted up the number of kids in those situations. To make a bad measure worse, anyone who fell into more than one category was counted multiple times.

"PLEASE DO NOT CITE THESE NUMBERS," wrote Michelle Stransky and David Finkelhor of the respected Crimes Against Children Research Center in 2 o o 8. "The reality is that we do not currently know how many juveniles are involved in prostitution. Scientifically credible estimates do not exist." A lengthy 2013 report on child sex trafficking from the Justice Department concluded that "no reliable national estimate exists of the incidence or prevalence of commercial sexual exploitation and sex trafficking of minors in the United States."

Common sense should preclude believing the 300,000 number in the first place. If even a third of those "at risk" youth were peddled for sex in a given year, we'd be looking at nearly 110,000 victims. And since advocates often claim that victims are forced to have sex with 10, 20, or 30 clients a day, that would be--using the lowest number--1.1 million commercial child rapes in America each day. Even if we assume that child rapists are typically repeat customers, averaging one assault per week, that would still mean nearly 8 million Americans have a robust and ongoing child rape habit, in addition to the alleged millions who pay for sex with adults.

Common sense should also immediately cast doubt on another frequently cited statistic: that the average age at which females become victims of sex trafficking is 13. "If you think about it for half a minute, this statistic makes little sense," wrote Kessler. "After all, if it is the 'average,' then for all those who entered trafficking at age 16 or 17, there have to be nearly equivalent numbers who entered at age 9 or 10. But no one seriously believes that."

Still, the obvious implausibility of the stastatistic--and its routine debunking--hasn't stopped it from reaching the upper echelons of public discourse. Kessler's own Washington Post ran it uncritically in 2014. Sen. Amy Klobuchar (D-Minn.) made the claim on the Senate floor this year, citing the FBI. The DHS also asserts that "the average age a child is trafficked into the commercial sex trade is between 11 and 14 years old," sourcing it to the DOJ and the government's NCMEC. Yet none of these federal agencies take responsibility for this stat. When Kessler followed the facts down the rabbit hole, the original source in all cases was... the self-disowned Estes paper, in which interviews with 107 teens doing street-based prostitution in the 1990s determined that their average age of entry into the business was 13.

"So one government agency appears to cite two other government entities--but in the end the source of the data is the same discredited and out-of-date academic paper," wrote Kessler. "It would be amusing if it were not so sad."

Author and former sex worker Maggie McNeill has traced other uses of the age-13 figure back to a similarly narrow and unrepresentative study, this one looking at underage streetwalkers in 1982 San Francisco ("Victimization of Street Prostitutes" by M.H. Silbert and A.M. Pines). Among these interview subjects from three decades ago, the average age of their first noncommercial sexual experience was 13. The...

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