Giving back choice: why New York's sex trafficking law needs to change

It's time to listen to the real experts, says Lauren Hersh.

Three months ago, Ruth came into my life. Sixteen years and two weeks old, Ruth is spunky and smart. She loves Hello Kitty and iced coffee, listens to Alicia Keys and spent days planning her Sweet 16 outfit. Ruth wants to build schools in Africa. Her contagious smile lights up a room. But, for years, the smile I have come to love was hidden.

Ruth is a sexually exploited child. At 12, after being raped by her mother’s boyfriend, she met an older man who promised to love and care for her. Instead, he brutally beat her, repeatedly raped her and sold her for sex more times than she could count.

There is a common misconception that girls like Ruth choose to enter prostitution. This could not be further from the truth. Sex traffickers like Ruth’s “ex-boyfriend” prey on the vulnerable for financial gain. They provide girls and women with the “love” they are yearning for and through coercion and manipulation force them to make them money through prostitution.

Over the past four years, I have met many girls like Ruth; girls who the masses call “throw away kids”, “whores” or worse; girls who have been viciously abused by pimps and then re-victimised by a criminal justice system which targets the prostituted and fails to hold accountable the real perpetrators – the traffickers and sex buyers who fuel the demand. In 2011, three times as many women and girls were arrested for prostitution in New York than pimps and buyers.

Later this month, in a comprehensive attempt to target the traffickers and sex buyers and provide necessary services for victims, the Trafficking Victims Protection and Justice Act (TVPJA) will be put in front of New York legislators. The TVPJA seeks to eliminate the need to prove a minor sex trafficking victim was coerced into prostitution, align statutory rape penalties with penalties for buying sex from a child and classify sex trafficking as a violent felony. This bill is urgently needed.

However, legislative justice is only part of the solution. Sexually exploited girls, like Ruth, also need to be given a voice in the advocacy process. On a chilly day in March, we began Project IMPACT, an eight week leadership-through-storytelling journey at JCCA Gateways, a residential facility for youth who have been victims of commercial sexual exploitation or domestic trafficking. The project was designed to introduce survivors to the concept that sharing a personal story is a powerful advocacy technique that can shift societal perspective, change laws – and changes lives. The project also strives to help survivors understand that storytelling is a choice – the survivor gets to select if, when and how she wants to share her story.

On that first day, Ruth sat in our circle with other survivors, social workers from Gateways and activists from Equality Now and The Arts Effect NYC. Ruth’s arms were crossed. She remained quiet. Her blank stare was cold. In my previous life as a prosecutor, I became accustomed to this “stare of distrust.” But, like the victims I worked with then, time, patience and jokes at my expense began to melt Ruth’s icy look. 

With each session, Ruth gradually emerged as a group leader and a compassionate listener. Through poetry, she told her story of trauma and terror. But despite moments of paralysing pain, resilience shone through.

Ruth was not alone. As the weeks passed, it became apparent that each girl in the room had her own unique story of survival and her own way of sharing it – through words, songs and drawings. This month, Equality Now is showcasing these girls’ truths through our Survivor Stories series. The stories demonstrate what can happen when you give survivors the space and tools to allow their voices to be heard.

Energised by their progress and keen to have their voices heard, a group of these girls joined us in Albany to lobby for the passing of the TVPJA. Our first stop was at the office of a New York Assembly member. Ruth caught my eye as she sat quietly, too nervous to speak. At our next meeting, she continued to hold back and listened to the debate. However, when the Assembly member inquired why sex trafficking should be a violent instead of a non-violent felony, Ruth’s hand immediately shot up.

Her hands trembled. Her voice shook. She began: “You see, I am a commercially sexually exploited kid. I was run by a pimp. A pimp who beat me, who raped me…” With each word, her voice grew stronger. “I have scars on my body from where my pimp hit me when I didn’t bring home enough money or when I tried to protect my friend. My mouth was duct-taped when I was out of line. I was raped by buyers.”

With the confidence of a seasoned lawyer, Ruth concluded, “There is nothing non-violent about sex trafficking.”  The room stood still.

Ruth is a change maker. Today, along with countless others, she chooses to use her voice to educate the misinformed that sex buyers cause harm, that sex trafficking is inherently violent and that "prostitute" is a stigmatising word.

Whether she is 16 or 60, she who has lived it, understands it. It's time for New York to listen to the real experts.

Lend us your voice - Take Action and call on the New York State legislature to pass the TVPJA this June.

Lauren Hersh is the New York Director of Equality Now, an international human rights organisation. Further information is available here.

 

Lower Manhattan. Photograph: Getty Images
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The Asian Financial Crisis 20 years on

In the four years between 1993 and 1996 the tiger economies of Asia led the world in terms of gross domestic product (GDP) growth and stock market returns as foreign and local investors piled in and embraced the opportunity.

In the four years between 1993 and 1996 the tiger economies of Asia led the world in terms of gross domestic product (GDP) growth and stock market returns as foreign and local investors piled in and embraced the opportunity. But trouble was brewing and Thailand was the canary in the coal mine. Strong growth was being funded by ever increasing levels of debt and with offshore interest rates far more attractive than those available at home, US dollars became the funding currency of choice.

While currencies remained pegged to the US dollar risks were minimal but as a growing trade and current account deficit and rising inflation led to increasing overvaluation of the Thai Baht, speculation grew and short-term money started to move out of the Thai currency.

In July 1997, after a futile attempt to stem the outflow, the Thai central bank removed the peg triggering an immediate 25% fall in the currency - by the end of the year it had lost half of its value. The impact on the economy was devastating. Interest rates initially spiked making dollar debt significantly more expensive. Loans started defaulting, peaking at almost 50% of total loans in 1999. The figures reflect the severity of the downturn: GDP took five years to return to pre-crisis levels, consumption – the use of good and services by households - was four years, and private sector loan growth only returned to positive territory in 2002.

Although Thailand was the trigger, the ticking time bomb of unhedged foreign currency debt and a  prolonged period of over-exuberance prevailed across all of South East Asia.  The Philippines and Malaysia were also significantly impacted but the most significant downturn occurred in Indonesia, which, although running a current account deficit only half the size of Thailand, saw its currency go from 2000 rupiah to the US dollar to 16000, and bank loan books fill up with defaulting loans.

Contagion and a severe lack of confidence dented the whole region and although Hong Kong managed to hold on to its peg to the US dollar, a prolonged period of high interest rates and slower growth resulted in a 40% fall in residential property prices and a deflationary period that took many years to recover from. Even South Korea, which was the 11th largest global economy at the time, had to call in the International Monetary Fund (IMF) as interest rates ballooned and the currency weakened.

The recovery, which on average took more than 5 years, was supervised by stringent IMF requirements and has put Asian economies on a much firmer footing. With a few exceptions Asian currencies are free floating, meaning their value is determined by the foreign exchange (forex) markets through supply and demand, and as a result they have much more flexibility to reflect domestic economic cycles ensuring that pressures don’t build. Current and trade accounts, with the exception of India and Indonesia, are now in surplus, with the practice of unhedged foreign borrowing all but ended. Short term foreign debt in ASEAN (the Association of South East Asian Nations) nations has dramatically dropped from 160% to now less than 30%.

The Global Financial Crisis (GFC) in 2008 was borne out of exuberance in the West but not in the East and although Asian economies were impacted by the slowdown in global growth, Asian economic credibility was never called into question.

The only economy that is showing a worrying trend is China. A credit boom following the GFC has seen debt-to-GDP balloon from 160% in 2008 to 260% in 2017. The nature of this debt however is different from that accrued by South East Asian Countries in the late 1990’s. Firstly, most of the debt lies with state owned enterprises (SOEs) and is hence backed by the >$3tn worth of foreign exchange reserves, and most of it is denominated in renminbi. Secondly, although China operates a managed exchange rate regime against a basket of trading currencies, the capital account is closed which restricts the amount of speculative flows. Finally, a lot of the debt is owned by domestic institutions and is long term in nature which reduces the likelihood of enforced withdrawal leading to a liquidity crisis.

The impact of the Asian crisis lives long in the memory of Asian corporates. The days of rapid expansion and growth for the sake of growth have gone and been replaced by conservatism and a focus on cash flow and profitability. Corporate debt levels are at all-time lows while cashflow compares favourably to any other region of the world. Interestingly it is developed economies that are now showing the stresses Asia encountered and recovered from 20 years ago; Asia in comparison looks favourable.

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