Debate Within the LGBTQ Community
As LGBTQ supporters march for equality this month, a stormy debate is dividing the community. The topic at hand? How to properly tackle human trafficking and help those touched by the sex trade. What’s more, many queer and trans people are arguing for the complete decriminalization of prostitution in New York State. They believe removing crimes related to selling, buying, or promoting sex from the legal code would validate their participation in the trade.
Progressives Join The Fray
Many progressives join these LGBTQ individuals. They believe a clear line can be drawn between those involved consensually and those forced or coerced. But is it just that black and white? Not everyone agrees. Eduardo, a queer Mexican immigrant and trafficking survivor, draws from personal experience to share his disapproval.
A Survivor’s Tale
“My story was not about having a choice or giving consent. At the age of 24, I became a victim of international and domestic human trafficking,” Eduardo asserts. Being a person living with HIV has also compounded his understanding of the trauma that can result from unwilling involvement in the sex trade.
The Issue with Laws
Laws today fail to differentiate trafficking survivors from willing participants, Eduardo points out. These industries sadly intersect. It becomes increasingly challenging for buyers to tell the difference between those who voluntarily joined the trade and those being forced. But even if they could discern, proving it legally, would be tough.
Increasing Demand and Market
Eduardo also warns that decriminalization could increase demand and market size for the sex trade. He highlights that LGBTQ youth already face twice the likelihood of being trafficked compared to their heteronormative peers. In a decriminalized world, pimps and traffickers may take advantage of this increased demand by recruiting more aggressively in areas where vulnerable individuals gather, such as mental health treatment centers or homeless shelters.
Impediments to Uncovering Trafficked Minors
Under decriminalized laws, Eduardo also cautions that it would be more difficult to expose trafficked minors. Law enforcement would have little reason to investigate prostitution, which could discourage the inspection of these markets for signs of trafficking.
Who Benefits from Decriminalization?
According to Eduardo, full decriminalization could harm marginalized communities, such as impoverished young people and LGBTQ youth. The primary winners? A small percentage of volunteers in the sex trade and the so-called “empowered” buyers. It’s not an empowering narrative for most given the majority of buyers are white men purchasing sex from poor trans and cisgender women of color.
Misrepresentation as Empowerment
Eduardo argues that painting complete decriminalization as empowering is misleading and potentially harmful. It can exploit the LGBTQ community’s most vulnerable members under the guise of progress while silencing the voices of queer survivors.
Push for Accountability
The suggested solution to these issues is simple according to Eduardo: Accountability for punters, and a ceasefire on arresting those being bought and sold. He advocates for ceasing arrests of those selling sex, often trafficking survivors, and shifting the focus towards holding buyers accountable.
Safe or Not?
Eduardo disagrees with advocates of full decriminalization who claim it ensures safety for those being sold. In contrast, he emphasizes the importance of social services to support survivors and those without choices in eventually escaping exploitation.
The Sex Trade Survivors Justice & Equality Act
According to Eduardo, the answer might lie in the Sex Trade Survivors Justice & Equality Act (STSJEA), a bill sponsored by state Sen. Liz Krueger and Assemblymember Pamela Hunter. The bill, based on models that have worked well in other countries to curb sex trade and drastically reduce human trafficking. It offers survivors a gateway out of the trade by facilitating access to housing, healthcare, legal, and mental health services.
Conclusion: The Choice in Albany’s Hands
Eduardo concludes that legislative leaders in New York State face a critical decision. They can either protect survivors and prevent human trafficking or move toward a more lenient stance on the sex trade. This Pride Month, Eduardo pleads for the community to honor the spirit of equality by rejecting policies that put the most vulnerable at risk. After all, as he states, “normalizing the buying and selling of queer bodies isn’t queer liberation, it’s sentencing our queer communities to oppression.”
While it may seem complex, understanding the opposing beliefs and possible outcomes is step one to finding a solution. Eduardo’s story and stand serve as a reminder for the experts to consider the effects of these decisions on real lives.