As human trafficking becomes an increasingly acknowledged reality in the United States, states are gradually implementing anti-trafficking laws to discourage the clandestine practice. According to the Polaris Project, a nonprofit combating human slavery and trafficking, 300,000 children are at risk of sex trafficking in the U.S. each year. In response to this rising epidemic, safe harbor laws have been enacted in states like Minnesota, New Jersey, Vermont, Washington, and most recently, New Hampshire.
So-called "safe harbors" grant immunity from criminal prosecution to minors under the age of 18 engaged in prostitution. The thinking is that these minors are not criminals but victims, often homeless and runaway teens who are exploited by malicious, manipulative pimps. Such laws comply with and reinforce federal law, which has decriminalized prostitution for minors and now legally classifies them as victims of human trafficking.
But here's where things get tricky. The well-intentioned deluge of anti-trafficking laws, political rhetoric, and bipartisan legislation are exclusively focused on people coerced into the commercial sex trade. In other words, forced prostitution. What this overlooks is a frightening, lesser-known exchange: survival sex.
Unlike sex trafficking, survival sex is not a financial transaction. Survival sex is, quite simply, exchanging one's body for basic subsistence needs, including clothing, food, and shelter. While estimates vary, most figures put the homeless youth population in the U.S. around 1.5 million. These are kids under the age of 18 who were often either kicked out of their homes because of dwindling financial resources or ran away to escape an abusive, volatile environment. Once on the streets, these teens rapidly find that clothing, food, and shelter are far from guaranteed. Without any money or the ability to get a job, many are forced to rely on their bodies as the only commodity they possess.
According to an article published in the New York Times in 2009, nearly one-third of homeless youth end up participating in survival sex during their time on the streets. While survival sex also entails exchanging their bodies for drugs and alcohol, youths are most frequently seeking shelter. After leaving home, they scramble to find abandoned buildings, riverbanks, underpasses, and rooftops to sleep at night. When their situations become desperate enough, runaways can end up having sex with someone in exchange for a place to stay, however brief.
Such behavior rarely occurs in a vacuum. As reported by Covenant House in May 2013, survival sex and sex trafficking, while legally and definitionally distinct, have significant overlaps, with the former often serving as a segue to the latter.
In some cases, teens begin sleeping with older men in exchange for a place to stay, but over time, the man starts forcing the girl to have sex with his friends for cash. In others, young girls find themselves in self-preservation-minded sexual relationships with providers or "sugar daddies," but are abruptly kidnapped or exploited by other predators in the same social circles
Covenant House recounts the horrifying story of a young girl who, by the age of five, had already been repeatedly raped by an older family member. As a teenager living on her own, she engaged in prostitution/survival sex when she was unable to make the rent. At the age of 19, she attended a party thrown by people she had just recently met, and was kidnapped at gunpoint and forced into sexual slavery for three months until she finally escaped.
This appalling turn of events may be unique in the extreme levels of abuse at different phases of the girl's life, but their relationship to one another—that is, the pattern of sexual abuse—is not. The connection between prostitution and a history of childhood sexual abuse is staggering.