By Michelle Beshears
InPublicSafety.com
Prostitution is a misdemeanor crime, which, in the majority of states, is punishable by jail time, a fine or both. However, for pimps or others found guilty of promoting prostitution, the crime is viewed as a felony. And, where it is found that an underage prostitute is involved, the penalties are much stiffer for traffickers. Of course, these punishments currently vary by state. (Here is a list of state laws, including all 50 states and D.C.).
One problem that currently exists with current state laws is that the majority of states still have statutes on the books that criminalize minor prostitution. These statutes conflict with the states’ statutory rape and child-abuse statutes, which were created with the idea that a minor is not capable of engaging in consensual sex. In light of this and of the growing issue revolving around human trafficking, the government is looking at ways in which laws may be applied to assist both adult and child prostitutes, who in many cases are victims of human trafficking.
New York is one state that recognizes this flaw and its courts have begun to expand policies in which they do not prosecute the majority of prostitutes at all, but rather divert them to a separate court that treats them as sex-trafficking victims in need of a wide array of social services. According to Fox (2013), “Judge Lippman called prostitution a complex problem, and said the new system would recognize that ‘the vast majority of children and adults charged with prostitution offenses are commercially exploited or at risk of exploitation.’” (p. A19)
Full story: Should Prostitution be a Prosecutable Offense?
