Arrests & Commercial Sexual Exploitation

ResearchSex Trafficking
Written By Courtney Furlong

Findings from “Sex Trafficking Vulnerabilities in Context: An analysis of 1,264 case files of adult survivors of commercial sexual exploitation”

Sexual exploitation has been a persistent issue throughout history, with governments often attempting to regulate and profit from it.1-4 In the United States, the Selective Service Act of 1917 marked a significant shift by criminalizing women for prostitution to combat the spread of venereal diseases among soldiers. Despite these efforts, approximately 90,000 prostitution-related arrests are made annually.3, 5

Law enforcement faces significant challenges in accurately identifying victims and perpetrators of sex trafficking, with an accuracy rate of only 35.7%.6 This low accuracy rate complicates efforts to provide appropriate support and justice for victims. A study by Koegler et al.7 found that a history of prostitution-related arrests often predicts further arrests, creating a cycle that is difficult to break.

The consequences of prostitution-related arrests extend beyond time spent in jail. Individuals face crippling fees, lost employment opportunities, loss of parental rights, and sex offender registration. These repercussions can severely impact a person's ability to reintegrate into society and access necessary resources.7 Interestingly, while arrests are generally seen as punitive, they can sometimes provide an "off-ramp" out of sexual exploitation. Arrests can separate victims from their traffickers, enforce sobriety, or lead to alternative sentencing that connects them to support services. However, the effectiveness of this approach varies, and it is not a comprehensive solution.8

The recent study operationalized incarceration by the estimated total number of arrests, as logged by an Out of Darkness case manager. The majority (91%) of the 1,264 individuals represented in the study reported a history of arrest, and the average number of arrests was 9.52 arrests per survivor. Results indicated that a higher number of arrests predicted longer experiences of commercial sexual exploitation. Lower educational achievement, younger ages of entry into CSE, and longer experiences of exploitation were also predictors of higher numbers of arrests. It is noted that there is a bidirectional relationship between a history of arrests and longer experiences of exploitation. This means that not only do more arrests lead to longer exploitation, but longer exploitation also leads to more arrests. This cycle creates significant barriers for individuals trying to exit exploitation.

A criminal history can profoundly burden an individual's resources, acting as a significant barrier to accessing services, employment, welfare, and housing.9-13 Alternatives to arrest, such as alternative sentencing or direct connections to services, may be more beneficial for survivors. Legislative measures like expungement and vacatur can also help. Expungement permanently seals or destroys an individual's arrest record if they are identified as a victim of sex trafficking, while vacatur allows survivors to have their convictions vacated if their crimes were committed while being trafficked.

The historical and ongoing struggle against sexual exploitation is complex and multifaceted. While arrests can sometimes provide a pathway out of exploitation, they often perpetuate a cycle of re-arrest and prolonged exploitation. Addressing this issue requires a multifaceted approach, including better identification of victims, alternative sentencing, and legislative measures to support survivors. By understanding and addressing the barriers faced by individuals with a history of arrests, we can create more effective pathways to recovery and reintegration.

References

Furlong, C., & Hinnant, B. (2024). Sex trafficking vulnerabilities in context: An analysis of 1,264 case files of adult survivors of commercial sexual exploitation. PLOS ONE. https://doi.org/10.1371/journal.pone.0311131

  1. Alexander, M. (2012). The new Jim Crow: Mass incarceration in the age of colorblindness. New Press.

  2. Balfour, G. (2013). Theorizing the intersectionality of victimization, criminalization, and punishment of women: An introduction to the special issue. International Review of Victimology, 19(1), 3-5. https://doi.org/10.1177/0269758012447212

  3. DeCou, K. (1998). US social policy on prostitution: Whose welfare is served. New England Journal on Crime & Civic Confinement, 24, 427. https://heinonline.org/HOL/P?h=hein.journals/nejccc24&i=433

  4. Thompson, G. L. (2013). African American women and the US criminal justice system: A statistical survey, 1870–2009. The Journal of African American History, 98(2), 291-303. httPs//doi.org/10.5323/jafriamerhist.98.2.0291

  5. Federal Bureau of Investigation [FBI]. (2004). United States Department of Justice crime in the United States 2004: Uniform crime reports 280. http://www. fbi.gov/ucr/cius_04/documents/CIUS2004.pdf.

  6. Prince, K. M. (2017). An analysis of the relationship between knowledge of sex trafficking and perceptions of law enforcement officers when identifying victims (Doctoral dissertation, Alliant International University).

  7. Koegler, E., Preble, K. M., Cimino, A. N., Stevens, J. E., & Diehl, S. (2020). Examining recidivism in a prostitution diversion program. International Journal of Offender Therapy and Comparative Criminology, 64(2-3), 232-248. https://doi.org/10.1177/0306624X19866115

  8. Farrell, A., & Cronin, S. (2015). Policing prostitution in an era of human trafficking enforcement. Crime, Law and Social Change, 64(4), 211-228. https://doi.org/10.1007/s10611-015-9588-0

  9. Gamblin, M. D. (2018). Mass incarceration: A major cause of hunger.” Bread for the World. http://www.bread.org/sites/default/files/downloads/briefing-paper-mass- incarceration-february-2018.pdf

  10. Leasure, P., & Martin, T. (2017). Criminal records and housing: An experimental study. Journal of Experimental Criminology, 13, 527-535. http://doi.org/10.1007/s11292-017-9289-z

  11. Malcolm, J. G., & Seibler, J. (2017). Collateral consequences: Protecting public safety or encouraging recidivism? The Heritage Foundation. http://www.heritage.org/sites/default/files/2017-03/LM-200.pdf

  12. Mauer, M. (2015). A lifetime of punishment: Impact of the felony drug ban on welfare benefits. The Sentencing Project. https://sentencingproject.org/wp-content/uploads/2015/12/A-Lifetime-of-Punishment.pdf

  13. National Inventory of Collateral Consequences of Conviction. (2023). Collateral consequences inventory. https://niccc.nationalreentryresourcecenter.org/consequences

Courtney Furlong

Courtney Furlong, MS, MEd, LPC, CRC, is a native of Atlanta, GA and a graduate of Auburn University with a Master of Science in Human Development and Family Science and a Master of Education in Rehabilitation Counseling. A licensed counselor, Furlong has spent over 20 years working with victims of commercial sexual exploitation from ten countries covering Asia, Africa, Europe, and North America. She is currently a PhD Candidate in Human Development and Family Science at Auburn University and serves as the Director of Research for Street Grace. 

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