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Trafficking Victim or Criminal? Depends on Your Age

Trafficking Victim or Criminal? Depends on Your Age

This guest blog is from Kevin Ryan, President of Covenant House. One of the largest privately-funded childcare agencies in the U.S., Covenant House provides services to homeless and runaway youth. Want to make a difference in the life of homeless kid? “Like” Covenant House below and help raise public awareness about the very serious problems facing young people in America.


As President of Covenant House, I know all too well the dark realities of the human trafficking industry. Many young victims find their way to Covenant House after they escape capture, have been freed by police raids or have made contact with Covenant House outreach staff who comb the streets day and night looking for kids in danger.

If you want to truly understand the horrors that young trafficking victims must endure, please visit our Abolish Child Trafficking microsite to read their stories.

Their words — along with three compelling articles that recently appeared in the New York Times — remind me of the importance of working together as we fight for the lives of homeless kids with no voice of their own.

One of these articles was a heart tugging account of a young woman sold into prostitution from the age of 13 who is seeking to have her criminal record of past prostitution offenses vacated so she can move forward with her life.

Another was a horrifying account of a still at-large serial killer preying on prostituted women. And the third was a welcomed statement that New York State’s Chief Judge Jonathan Lippman is calling for a new approach to juvenile justice that would transfer jurisdiction for 16 and 17 year olds accused of less serious crimes from the state’s criminal courts to family court where rehabilitation takes priority over retribution.

The first article’s relationship to human trafficking is obvious. A child of thirteen being bought and sold to the highest bidder is sickening. A 13 year old simply cannot consent to sexual activity. Federal law therefore makes it perfectly clear that there is no such thing as a child prostitute, but rather there are far too many sexually exploited children used for the commercial gain of others. States have been too slow to follow suit. The fact that this young woman, now 22 and trying to rebuild her life, must answer yes to questions on job applications about whether she has ever been a convicted of a crime is absurd. Thanks to a 2010 New York state law allowing the prostitution convictions of trafficking victims to be overturned, this injustice may finally be corrected.

The article about the serial killer reminds us about the terrible violence that exploited women endure in daily life. These victims are real life people with loved ones, who faced not only a brutal death but most likely lives of violence. And although the victims of this killer may have been adults at the time of their death, the odds are high that they were once sexually exploited children.

Fortunately the third article, discussing a move from adult criminal court to family court for 16- and 17-year-old offenders was filled with logic and common sense. This is good news for many of the young people we see at Covenant House whose lives have been filled with adversity and abuse which can lead to the making of wrong choices. Let’s give young adults the rehabilitative services they need instead of saddling them with criminal records that will make it even harder to choose a new path.

Although this will be a positive change for all of the young people we see at Covenant House, it is especially welcome for all victims of commercial sexual exploitation. I have been somewhat frustrated that New York’s Safe Harbor for Sexually Exploited Youth Act, which was designed to treat minor victims of commercial sexual exploitation as victims instead of criminals, does not truly help 16 and 17 year olds. Although the law was written with the intent to help commercially sexually exploited children under age 18, the law’s mechanism converts juvenile delinquency petitions to Persons In Need of Supervision petitions, a less punitive and more rehabilitative form of petition. Yet because children must be under age 16 to have a juvenile delinquency petition in family court in the first place, the law has little impact on 17 and 18 year olds.

At what age does a child who was commercially sexually exploited at 13 turn into a criminal or prostitute, simply by the passage of time? The trafficked young people we see at Covenant House may be as old as 21, but to me they are no more culpable than the exploited children they once were. The only thing they are guilty of is that no one offered them the help they needed before the clock ran out and they hit the age majority. All commercially exploited young people should be treated as victims instead of criminals regardless of the number of candles on their birthday cake. I will welcome the chance to see New York’s courts treat 16 and 17 year olds as the children they are — and have the right to be.

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123 comments

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6:03AM PDT on Jun 14, 2012

sad

7:22AM PST on Mar 1, 2012

i have tried for the past 2 weeks to sign petitions that are above the comment but have not been able to. Once I click sign petition, the part below my name is hidden, hence my problem. please someone help me figure this out so I can sign petitions again... dont know how to contact Care2 to let them know my problem

Now about this article.. This is absoultly horrible!!! children should be able to move forward with the help of Covenant House. Covenant house has been helping children for decades!!! These children should NOT be treated a criminals!!!

4:56PM PDT on Oct 13, 2011

Where are the anti-choice people on this issue?

Now, we are talking about lives, REAL lives that need love, care and attention.
If you believe in god, these are god's children, not god's fetuses.
It's time to grow up and take care of those already born on our planet.

4:51PM PDT on Oct 13, 2011

Before we criticize other nations, we should look in our own back yards.

10:11AM PDT on Oct 13, 2011

It seem as though society as a whole "knows" this is happening, but with everything else going on it takes a back seat when it's not someone close to us. We all need the reminders that this is happening every single day and people are lost to it every single day.

How many will be lost before we all take notice and remember that it's not just happening to "other people" It is a threat to our future, our children and our grandchildren.

7:52AM PDT on Oct 13, 2011

Wow! Thank you for this information!!!

7:23AM PDT on Oct 13, 2011

Send your mother, sister, daughter or wife out on the streets see what happens to them and if you do not care. I am sure there is a place for you where Saint Peter will not be calling your name. You have to sleep at night.

1:53AM PDT on Oct 13, 2011

It's time this practice stops. I just wrote a blog post on this issue. "Some even call it prostitution in order to disguise the truth, allowing it to flourish. How is that? Well, you punish the prostitue/victim...then you give the buyer/pedophile a slap on the wrist and let him go on his merry way so he can streamline more money into the market of human trafficking/pedophilia.  (When you are having sex, paid or unpaid, with a child it is pedophilia.)" You can read more on my blog. Www.Lisamichels.com - under the post titled ""I'm not an angry person, I'm a person who is angry."

12:18AM PDT on Oct 13, 2011

Let's help these children, not punish them.

11:33PM PDT on Oct 12, 2011

It's ridiculous to call the victims criminals. We need to hunt down the bastards responsible for this trafficking, and the ones who are purchasing children through it, and toss them all into an incinerator! Forget a few years in jail, that won't teach them a damn thing, except how to be more careful so they don't get caught. They need a lasting punishment that will ensure that no one suffers at their hands ever again.

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Disclaimer: The views expressed above are solely those of the author and may not reflect those of
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