Trafficking and sex work in Latin America: are women really being rescued?

rs21onSeptember 13, 2014/6 comments

Jessica Gutiérrez is a therapist working with survivors of sexual violence based in Buenos Aires. She describes how her experience of a brothel raid in Mexico radically altered her views on trafficking for sexual exploitation.

photo: an “operativo de rescate” [rescue operation] in Chiapas, Mexico, 2010 – see Spanish language report in Prensa Libre)

A few years ago I worked as a psychotherapist in a governmental institution in Mexico that treated survivors of sexual violence. One day it was announced to us that we would have to participate in “operations” – raids of homes or hotels that aimed to “rescue” victims of human trafficking and sexual exploitation.

I resisted taking part in these “operations” because I wasn’t sure what they were all about. For several months I managed to avoid the call to participate in the raids. Psychologists that did go along told me they were taken to a hotel. They had to speak to the women there to “calm them down” and explain to them that they would be taken to make a statement.

Eventually I could avoid the calls no longer. I took part in my first and only “operation”. I saw how the rights of the women found in the hotel were trampled on. I witnessed the physical maltreatment of sex workers found in the vicinity. This single experience made me resign my job.

The raid made me rethink several issues. Was setting out to rescue victims of trafficking for sexual exploitation the correct strategy for dealing with the problem? Was the problem really as serious as people made out, or was it being sensationalised?

Above all I started to think about real victims of the raids: women engaged in prostitution for whom mistreatment at the hands of the police was by no means a novelty. The only aspect of the “operation” that would perhaps have been new to them was seeing the role of people like myself – psychologists and social workers who were acting as undercover cops, sent in to win the confidence of the women and then use this information in an unethical way.

I was also struck by how the therapeutic treatment for these women mostly consisted of convincing them that they were victims. If they disputed this, it was because their vulnerability had rendered them incapable of realising their true situation. I noticed they were unwilling or even angry at the idea of receiving therapy. Some escaped from the refuges where they were housed “for their protection”. They didn’t seem to see it as rescue.

Legal arguments

Later I moved to Argentina, where I now live, to study this phenomenon through an anthropological lens. I’ve read through the available literature, examined the notion of trafficking for sexual exploitation and analysed how the figure of the trafficking victim has been constructed.

What started as a social debate is now a legal argument between those who favour legalisation and regulation of sex work and those who aim to abolish or prohibit the trade.

There are associated arguments over whether the clients or those that profit from sex work should be criminalised. Some take the position that anti-trafficking laws are the only way to protect people from sexual slavery. Others say these punitive measures are in practice racist and sexist, and become yet another strategy for controlling national borders.

The legal debate is mostly about imposing classifications on sex work and punishing “abnormal” behaviour. There is a reluctance to accept that women voluntarily engage in sex work – instead it is held that prostitution is an act of violence against women in all instances.

This attitude is simply prejudice based on ignorance of the actual daily practices of sex workers. Prostitution is not all the same – there is a very broad range of activities. In some cases the women are in vulnerable situations, in others not. Nor is it the case that sex work is always a “last resort” – occasionally it is the best option that women have available to them. Their choices should be respected.

The law serves to homogenise perceptions of sex work and propagate a common sense around these issues. It typically identifies only women and children as being at risk from trafficking – the main legal instrument that regulates this crime is the “UN Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children” (better known as the Palermo Protocol).

This presents women as vulnerable, weak and unprotected. It refers back to the days when women who wanted to leave the domestic sphere were warned of the risks that they would run if they did so. This propaganda aimed at reinforcing the role of women in the family home by falsely presenting the domestic sphere as a place of safety for women.

Discourse of victimhood

The shifts in discourse around this issue are worth analysing. Once we spoke of the struggle against the oppression of women. But today the focus has shifted towards a struggle against violence towards women, one where women are primarily represented as victims, particularly but not exclusively of trafficking.

As the discourse against oppression turned into a discourse about victims, the political perspectives associated with it became narrower. The demands of women are increasingly channelled through the state as interlocutor – and the principal demand is for protection.

Previously we identified political and economic systems as responsible for our oppression – class society, patriarchy, capitalism. Nowadays the responsibility falls on individuals. One common aim of legislation is to criminalise those who benefit economically from sex work performed by others. This is a hypocritical and contradictory goal in a capitalist context where everything is commodified, no work is fairly remunerated, and where profiting from the exploitation of other people’s labour is built into the fabric of the system.

In the US we see “zero tolerance” policies enthusiastically promoted by conservatives and anti-prostitution groups. Since 2001 the State Department has rated countries according to the actions they take to combat this trafficking. The consequences for countries that don’t obtain good ratings are limits on loans or financial aid. Unsurprisingly, the countries with the best ratings are those allied to the US.

Another common theme is the notion that it is highly dangerous for women to migrate from their home contexts (which are often ones of extreme poverty). This foments fears that they will fall victim to trafficking networks. There is nothing new about this – there are documented cases of this kind of moral panic dating back to over a hundred years ago. These campaigns tap into racism and discrimination against the poor, and combine them with moralistic propaganda against prostitution.

Consequences for women

The consequences of anti-trafficking policies are varied but usually negative. In some cases women are returned to their country of origin with the justification that they are being “rescued”.

Another typical consequences of “rescue operations” is that sites for sex work – bars, brothels, private hotels – are closed down and the women that worked there are forced to work in the street. In practice this puts them at greater risk of violence and makes them more vulnerable, not less.

But the wider effect is to stoke up popular myths about kidnapping for the purposes of sex trafficking. It is the feminisation of fear: women are made to feel they are in a state of constant risk.

I interviewed a 7 year old girl a little while ago. She told me that her biggest fear was that she would be kidnapped by a white van (a reference to an urban myth that such vans go round kidnapping women and children). It surprised me that such a young girl would have internalised this fear, and brought home to me the extent of the collective paranoia generated by the media and the authorities.

I don’t deny the existence of cases where women are forced to prostitute themselves against their will. But laws, policies, actions or strategies like these ones do nothing to resolve the problem – and frequently generate worse ones. We need a fresh approach, one based on the realities of sex work not on fantasies of kidnapping, victimhood and rescue.

This important development from Victoria Canada is a good lesson about what doesn’t work in bringing safety and protection to everyone including sex workers. Its seems that several of the rape crisis centers were acting politically to oppress prostitutes rights by lobbying for further criminalization legislation that specifically targets customers. We all know that by leaving criminal our customers, we in fact are recriminalizing our transaction and that leads to bad negotiations=un safe work conditions.

Here in America, we’ve seen a trend where the funding for domestic violence and sexual assault has been reduced while a new funding stream for trafficking awareness has been made available. Instead of waiting for clients to come to them, we’ve seen rape crisis center accompany police on anti prostitution sting operations under the guise of rescuing trafficked victims when in fact everyone is going to jail for prostitution. This scheme has the effect of alienating sex worker who would ever be in need of rape crisis counseling to not seek them as they’ve become seen as anti sex worker.

Victoria Sexual Assault Centre bravely breaks from the pack to stand in solidarity with sex workers

Monday, August 25, 2014

Draw close to the debate about decriminalizing the sex industry in Canada and you will quickly learn that while sex workers’ organizations are working hard to move this issue forward, they don’t enjoy much support from most women’s groups.
At least on the surface, the problem seems to boil down to a fundamental divide between those who see all sex work as exploitation and victimization, and those who support Canada’s adult sex workers in making a free choice to work in the industry and in safe circumstance. Many women’s groups have tended to align themselves with the exploitation side of the debate, which has left sex-worker-led organizations largely on their own to fight for safer working conditions, equality and basic human rights.

Given what a hot-button topic this is among women’s groups,  it’s a powerful thing that the Victoria Sexual Assault Centre has done in stepping up to the plate this week to announce its solidarity with Canadian sex workers. The organization voted unanimously to support decriminalization and join the fight to stop Bill C36, the proposed law the federal Conservatives want to bring in to criminalize even more of the sex industry.
With other women’s centres such as Vancouver Rape Relief taking the opposite position on C36, it took real bravery for VSAC to stand up against the more popular view of sex work as victimization (a view that rarely includes the opinions of real-life adult sex workers who say they choose to work in the industry). VSAC is even standing in opposition to the position taken by the Canadian Association of Sexual Assault Centres, which is against decriminalization and views all sex work as violence. That takes guts.

Federal Justice Minister Peter MacKay and the Harper government are so certain they are right on this one – that the answer to problems in the sex industry is to crack down harder on it with more laws. They’re wrong. And what’s really disturbing is that so many otherwise terrific women’s organizations, whose strong feminist roots ought to have taught them all to be mindful of silencing and patronizing other women, are also wrong.
Yes, some people really are suffering and being victimized in the sex industry, and we need to do a lot more to help them. Human trafficking for any reason must not be tolerated, and children should never be exploited, coerced, abused or forced into any kind of work.

But that doesn’t have to come at a cost to the adults who choose to work in the sex industry, a group that I suspect probably numbers in the tens of thousands in Canada alone. Why are rights-based organizations that do such good work on so many other fronts unable to acknowledge that there is a significant population of sex workers who completely reject being portrayed as helpless victims? Why do sex workers have to suffer just so others can feel safe and smug in their pretension that it’s possible to eliminate the sex industry if we just lay enough criminal charges?
But along comes the Victoria Sexual Assault Centre to remind us that all it takes is one brave soul to break from the pack. Who knows what waves VSAC’s decision might set in motion? Those who feel passionately about improving sex workers’ rights are already convinced on this issue, but there remains a very large world of unconvinced who might be ready to consider the rights of sex workers if more support started coming from “mainstream” fronts.
Years ago when I visited some of the legal brothels of New Zealand, I learned that the Federation of Businesswomen of New Zealand was among the organizations that actively supported decriminalization efforts. I felt a flash of pure envy for a country where even the regular folk were ready to stand in solidarity with sex workers. Surely that day will come in Canada? Surely.

PEERS Victoria has worked hard for many years to explain the realities of the sex industry to a doubting community. I’ve been connected to PEERS in various ways for 15 years now, and admit that at times I wondered if any of those messages were being heard. VSAC’s support is profoundly heartening confirmation that while the pace of change sometimes feels glacial, somebody is listening.

CUSP member Lee Harrington wrote a post about the SAVE Act over on his blog.  Click to read the whole thing:

Have you taken a peek at the SAVE act that is working it’s way through the congress in the US right now? https://cdt.org/insight/save-act-would-chill-online-speech-and-innovation/  https://www.aclu.org/blog/free-speech/anti-backpagecom-bill-will-shut-down-free-speech  http://www.scribd.com/doc/211619502/Stop-Advertising-Victims-of-Exploitation-SAVE-Act  It is well intended in some ways, stating that it is there to help stop child sex trafficking. However, it could affect Fetlife and other such self-posting adult-oriented sites as it makes the hosts potentially liable for 3rd party posting of images and content. That means that if so-and-so turns out to be 16, and were using these site to troll for clients, the website owners could be fined not only for the images they posted, but each “advertisement” etc, under the potential guise of “adult advertising” and “reckless disregard”.

On December 17, 2013, CUSP held a press conference and candlelight vigil for the International Day to End Violence Against Sex Workers.  We remembered Hansen’s victims and expressed our concern that, at that time, Alaska’s sex trafficking laws had only been used against people who were themselves alleged prostitutes charged with prostitution of themselves in the very same cases that they were charged with sex trafficking.  All alleged sex trafficking victims had been arrested and convicted of prostitution.

Our little gathering made a big difference!  Since that time the police seem not to have arrested alleged victims of sex trafficking (although the Department of Law has declined our public records requests about this, so they could be arresting victims we don’t know about).  The state troopers have adapted the language of their dispatches about sex trafficking to sort of match and distort our language.  Senator Berta Gardner introduced Senate Bill 170, which would have offered a defense against a charge of prostitution if, after being arrested and having their name already on courtview and in the paper forever, a victim could prove to a jury that they had been induced through force into prostitution by a person that they named to police.  Besides placing an incredible burden on the victim, this defense would not have been accessible to the majority of victims of sex trafficking.  Several members of CUSP and our allies called into legislative hearings and in the end the bill wasn’t passed!

In April Terra went to the Freedom Network’s annual trafficking conference and spoke about providing services to victims of trafficking into commercial sex work.  It went way better than I’d hoped, and hopefully CUSP members will be doing more of this kind of thing.

Currently CUSP is working on building alliances with other non-profits and planning for this year’s International Day to End Violence Against Sex Workers.

(This information is entirely from trooper press releases, please let me know if I’ve missed anything.)

In February 2014 the troopers formed the Special Crimes Investigation Unit with the primary mission of investigating cases involving “commercial sexual exploitation and human trafficking.”  That same month they arrested a man in Wasilla who is accused of threatening at least one woman who worked for him with force if she did not perform.  Good job, SCIU!

In April 2014, the SCIU, in an ongoing sex trafficking investigation, teamed up with the drug enforcement unit, to arrest a woman they accuse of “having sex for financial gain.”  The woman was charged with prostitution, solicitation for prostitution, and possessing drugs.  In an affidavit, the investigator explained that the SCIU investigates prostitution and sex trafficking.  What, specifically, made her guilty of prostitution?  She told the officer that she would not have anal sex with him and that condoms would be used for all sex acts.  What’s the difference between a rich woman having sex for financial gain and a working class woman having sex for financial gain?  One is a wife, the other is a criminal.  The bigger question, perhaps, is how targeting vulnerable people in the sex industry for arrest achieves the Department of Law’s stated priority of gaining the trust and cooperation of people who might be victimized in the sex industry.

In July 2014 the SCIU arrested a woman they claim was marketing sex workers online to “customers of the sex trafficking trade.”  She is not accused of threatening or harming anyone.  She is accused primarily of doing things that increase the safety of people in the sex trade: marketing online, checking customers against a blacklist, negotiating independent contractor agreements with workers, maintaining an indoor place of prostitution, and of course engaging in conduct that aided or facilitated prostitution.  When people in the sex trade associate with each other, advertise online, screen clients, and work indoors it increases their safety.  This should not be confused with kidnapping children and holding them in sexual bondage.

Yesterday a member of our community was arrested and charged with several counts of felony sex trafficking.  The troopers allege that she provided online marketing for “women in the commercial sex trafficking trade,” purposely conflating adult consensual activity with sex trafficking.

Community United for Safety and Protection supports people in the sex trade’s rights to be in association with each other – which is what she’s being charged with.  Being in association often brings a higher level of safety for people involved in the sex trade and should not be a criminal act (it’s currently 2^nd and 3^rd degree sex trafficking), nor should it be confused with kidnapping children and forcing them into sexual bondage.

Since Alaska’s sex trafficking law was passed in 2012 it has been used systematically in lieu of prostitution laws.

“Being charged with prostitution or sex trafficking comes with a significant amount of negative social stigma and the media ought to have refrained from using the names of anyone who is charged under these statutes.  They are innocent until proven guilty and they should not name because they risk becoming targets to be tried in the court of public opinion and face lifelong discrimination.”  Maxine of the Erotic Service Provider’s Legal Education and Research Project.

“The laws were put in place to protect a certain group, they were not meant to be used the way that they are.  I would like to see that changed.  I have a hard time charging these people with felonies and having that be a part of their record.  A felony is a huge issue,” said Nurse Francine, an ally.

“This is not a case of bondage or forced labor.  What happened to free agency in our society?”  said Kat McElroy, a founding member of CUSP.

Four members of the Community United for Safety and Protection, a group of sex trafficking victims, current and retired sex workers, and their allies, attended the Salvation Army’s Sex Trafficking Conference Saturday, Sept 28 2013.

Honestly we were afraid – it’s kind of traumatic to have people who make a living by locking people like you up explain what they think about people like you, and how they rescue you by locking you up. We were pretty sure that people involved in convicting one of our members would be there and perhaps try to harass or intimidate her. In fact, the cops politely stayed far away from us and wouldn’t even make eye contact, and the Attorney General made a quick exit at the end of his presentation.

Jenna Novak from the Polaris Project (an anti-trafficking, anti-prostitution lobbying group), had come from the lower 48 to do most of the presenting. She mostly offered the typicalinformation.

The Attorney General presented the recommendations of his Task Force on Human Trafficking. Their number one recommendation was to build trust between victims and law enforcement, so we asked him why they hadn’t recommended decriminalizing victims so that they could have the same access to protection by law enforcement as other Alaskans. He explained, “I’m not sure it should be decriminalized. I think there can be mature women who know, they’re of the age they should know better. They’re committing crimes.” He added that “if they are a victim we should try to do everything within reason to make it easier for them to re-enter society.”

Just a few short months ago he was quoted as saying that “Prostitutes are really not criminals. They’re really victims. We as a society and a government have to change the way we think about that.” Now victims are really criminals. How confusing.

Jolene from the FBI presented about the reality that she sees. Her views seemed very balanced for a person in her position. She explained that when she decides to prosecute a sex trafficking victim for sex trafficking it’s always a “very difficult decision” which she puts a lot of thought into. She went on to explain that she is for Safe Harbor laws which would allow victims of sex trafficking to have prostitution charges removed from their records and gave an example of a trafficking victim who was fired from a fast food job because of a prostitution charge still on her record years after Jolene had “rescued” her. However, Jolene said, she does find it necessary to arrest underage victims if they are “not identifying as a victim” for their own safety.

Other presenters from local agencies who work with victims of sex trafficking seemed caring and interested in our actual realities. An outreach worker from Covenant House described situations that we were all familiar with. It was heartwarming to see so many peoples’ passion for service, and we made some great connections.

Also, we made it on the news!!! I love the way KTUU handled the story.

Click here and go watch it!

I just got this and I’m sharing it even though it’s not local because it is such a perfect example of why sex workers need special protections from discrimination by law enforcement.  Criminals target us because they know that we’ll be afraid to go to law enforcement or law enforcement won’t investigate.  You might think that Alaskan law enforcement must be better, but my experience has been that detectives won’t investigate without a report from a victim (even if there are multiple online reports about the perpetrator), and they won’t take a report from a sex worker without arresting them.

SEX WORKER BAD DATE WARNING: SOUTHERN CALIFORNIA

!!! Please Forward to Fellow Workers and Allies !!!

A rape crisis line worker in the Newport, CA area has reported receiving calls from a man who claims he is raping and torturing sex workers. The information that follows is from an individual source, and is provided to the community as a safety precaution, not a claim of fact or an accusation against any particular individual. Please use your judgement and discretion when screening your clients.

HOW HE HAS IDENTIFIED HIMSELF TO THE COUNSELORS ON THE LINE:

Name: David/Alex/Thomas

Age: Mid to late 30s

Good looking, well kept. Owns a sedan and two dogs, a pit and a shitzu. Claims to have body modification, including a genital piercing and penis enlargement.

WHAT HE SAYS WHILE ON THE PHONE:

He moved from the New Jersey/New York Area to Southern California about 3 months ago. Claims to have targeted sex workers on the East coast as well, taking them to places in the Hamptons and on the Jersey Shore before he moved to SoCal. He calls the Newport, CA rape crisis line once he has a sex worker trapped. He says he cuts their breasts and rapes them. He says he wants to stop. He calls for an audience while he hurts people, and the crisis line counselor reports to have heard muffled/gagged crying and screaming in the background of the calls.

PHONE NUMBERS HE HAS USED WHEN CALLING THE RAPE CRISIS LINE:

*I’m deleting these numbers because so far they haven’t been posted anywhere google-able, and I don’t want be the one that lets him know he’s on the Internet.
WHAT ABOUT THE COPS?

The rape crisis center contacted both the Newport Police and the Orange County Sheriff’s Department, and they will not investigate based on the above information.

WHAT CAN YOU DO TO PROTECT YOURSELF?

Screen new clients carefully, keep an eye out for a date who matches any of the above description, have the phone number of a trusted friend or local rape crisis line that is sensitive to sex workers always on your person.

Some Los Angeles Resources:

East Los Angeles Women’s Center | 323-526-5819 Project Sister Sexual Assault Crisis Services, Inc. | 909-626-4357 YWCA of Greater LA Sexual Assault Crisis Program | 310-763-9995

Some Orange County Resources:

Sexual Assault Victim Service | 949-975-0244 Sexual Assault Victim Services | 714-834-4317

We are always at some risk, but we can look out for each other. If you have any other information about this bad date please post in public.