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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Who is the EU's chief Brexit negotiator Michel Barnier?

The former French foreign minister has shown signs that he will play hardball in negotiations.

The European Commission’s chief Brexit negotiator today set an October 2018 deadline for the terms of Britain’s divorce from the European Union to be agreed. Michel Barnier gave his first press conference since being appointed to head up what will be tough talks between the EU and UK.

Speaking in Brussels, he warned that UK-EU relations had entered “uncharted waters”. He used the conference to effectively shorten the time period for negotiations under Article 50 of the Lisbon Treaty, the legal process to take Britain out of the EU. The article sets out a two year period for a country to leave the bloc.

But Barnier, 65, warned that the period of actual negotiations would be shorter than two years and there would be less than 18 months to agree Brexit.  If the terms were set in October 2018, there would be five months for the European Parliament, European Council and UK Parliament to approve the deal before a March 2019 Brexit.

But who is the urbane Frenchman who was handpicked by Commission President Jean-Claude Juncker to steer the talks?

A centre-right career politician, Barnier is a member of the pan-EU European People’s Party, like Juncker and German Chancellor Angela Merkel.

A committed European and architect of closer eurozone banking integration, Barnier rose to prominence after being elected aged just 27 to the French National Assembly.  He is notorious in Brussels for his repeated references to the 1992 Winter Olympics he organised in Albertville with triple Olympic ski champion Jean-Claude Killy.

He first joined the French cabinet in 1993 as minister of the environment. In 1995, Jacques Chirac made him Secretary of State for European Affairs, teeing up a long and close relationship with Brussels.

Barnier has twice served as France’s European Commissioner, under the administrations of Romano Prodi and José Manuel BarrosoMost recently he was serving as an unpaid special advisor on European Defence Policy to Juncker until the former prime minister of Luxembourg made him Brexit boss.“I wanted an experienced politician for this difficult job,” Juncker said at the time of Barnier, who has supported moves towards an EU army.

 

Barnier and the Brits

Barnier’s appointment was controversial. Under Barroso, he was Internal Market commissioner. Responsible for financial services legislation at the height of the crisis, he clashed with the City of London.

During this period he was memorably described as a man who, in a hall of mirrors, would stop and check his reflection in every one.

Although his battles with London’s bankers were often exaggerated, the choice of Barnier was described as an “act of war” by some British journalists and was greeted with undisguised glee by Brussels europhiles.

Barnier moved to calm those fears today. At the press conference, he said, “I was 20 years old, a very long time ago, when I voted for the first time and it was in the French referendum on the accession of the UK to the EU.

“That time I campaigned for a yes vote. And I still think today that I made right choice.”

But Barnier, seen by some as aloof and arrogant, also showed a mischievous side.  It was reported during Theresa May’s first visit to Brussels as prime minister that he was demanding that all the Brexit talks be conducted in French.

While Barnier does speak English, he is far more comfortable talking in his native French. But the story, since denied, was seen as a snub to the notoriously monolingual Brits.

The long lens photo of a British Brexit strategy note that warned the EU team was “very French” may also have been on his mind as he took the podium in Brussels today.

Barnier asked, “In French or in English?” to laughter from the press.

He switched between English and French in his opening remarks but only answered questions in French, using translation to ensure he understood the questions.

Since his appointment Barnier has posted a series of tweets which could be seen as poking fun at Brexit. On a tour of Croatia to discuss the negotiations, he posed outside Zagreb’s Museum of Broken Relationships asking, “Guess where we are today?”

 

 

He also tweeted a picture of himself drinking prosecco after Boris Johnson sparked ridicule by telling an Italian economics minister his country would have to offer the UK tariff-free trade to sell the drink in Britain.

But Barnier can also be tough. He forced through laws to regulate every financial sector, 40 pieces of legislation in four years, when he was internal market commissioner, in the face of sustained opposition from industry and some governments.

He warned today, "Being a member of the EU comes with rights and benefits. Third countries [the UK] can never have the same rights and benefits since they are not subject to same obligations.”

On the possibility of Britain curbing free movement of EU citizens and keeping access to the single market, he was unequivocal.

“The single market and four freedoms are indivisible. Cherry-picking is not an option,” he said.

He stressed that his priority in the Brexit negotiations would be the interests of the remaining 27 member states of the European Union, not Britain.

“Unity is the strength of the EU and President Juncker and I are determined to preserve the unity and interest of the EU-27 in the Brexit negotiations.”

In a thinly veiled swipe at the British, again greeted with laughter in the press room, he told reporters, “It is much better to show solidarity than stand alone. I repeat, it is much better to show solidarity than stand alone”.

Referring to the iconic British poster that urged Brits to "Keep Calm and Carry On” during World War Two, he today told reporters, “We are ready. Keep calm and negotiate.”

But Barnier’s calm in the face of the unprecedented challenge to the EU posed by Brexit masks a cold determination to defend the European project at any cost.

James Crisp is the news editor at EurActiv, an online EU news service.