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Abstract
Youth prostitution has plagued the American continent, after having mushroomed in Southeast Asia. Hundreds and thousands of children engage in sexual activities for basic survival, satisfy substance abuse needs, are forced into it or voluntary take it up, for the exchange of favors. These children are homeless most of the time, and vulnerable. They have no one looking out for them and so, a large of them is abducted by sex traffickers. Sex traffickers provide for sex tourism in almost all parts of the world. Sex tourism leads to child prostitution and child pornography.
The scope of this paper revolves around the reasons why children engage in such activities, the stats about children who do, the consequences of youth prostitution and a review of the different strategies adopted, and laws put into effect for controlling and preventing youth prostitution. Reasons include poverty, unemployment and underemployment, homelessness, and drug abuse. Stats show that the majority of underage sex workers are females and most workers are from the ages of 9-15. Strategies used involve traditional ones such as imprisoning sex workers and forcing them to testify against their pimps. This however causes double victimization of these children. Therefore, a Safe Harbor Act has been introduced in New York to prevent this. There are many other federal law statutes and the state law preventing practices of child prostitution also.
Introduction
According to the National Center for Missing and Exploited Children, Prostitution of children is defined as the sexual exploitation of a child for remuneration in cash or in-kind, usually but not always organized by an intermediary such as a procurer, family member, pimp, or madame (Rosen, 2008). Child or youth prostitution has become a grave reality in many parts of the Americas; the Central, South and North. This had always been an issue of Southeast Asia but has now plagued America as well, and continues to do so at a fast rate.
Child prostitution was not a real problem in the United States until the late 70s. In 1974, Congress passed the Juvenile Justice Delinquency Prevention Act that prohibited the secure detention of runaways. That meant that the police were prevented from arresting children for running away from home. Consequently, children were left on the streets to fend for themselves. Since 1974 children have been allowed to live on the streets and they need to support themselves. (Children of the Night, 2006).
This paper will give a literary review of much of the material on youth prostitution in America. It will aim to highlight the major areas plagued by it, the reasons for youth prostitution with special reference to the American culture, the consequences of youth prostitution in America, and finally, the paper will identify the different strategies to counter this, that have been highlighted in literature previously.
Literature Review
Hubs of Youth Prostitution in America
While Southeast Asia remains the hub of world sex tourism, Central America, racked by poverty and stunted by diminishing opportunities, is rapidly gaining in popularity (Gutnam, 2004). According to Gutnam (2004), Costa Rica is gaining popularity as the hemispheric capital of sex tourism. Over 3,000 girls and young women work in San Joses 300 brothels (Gutnam, 2004). Sex tourism is directly related to child prostitution. Child prostitution is simply, and harshly, when adults sexually abuse children to satisfy their own perversions (Gutman, 2004). Sex tourists travel from one country to another in search of easy prey or simply easy and diverse sex.
According to Brown et al (2002), Mexico and parts of Latin America are struck by poverty. As a result of unemployment and under-employment, youth prostitution has become common in these regions. There is a rise in the number of women sex workers in these areas each year. More than 100,000 Street children have resorted to prostitution in Brazil. (Brown et al, 2002, pp. 297)
Costa Rica is a region where ownership of child pornography for personal use is not considered a crime. Side by side, it is also known to have the regions largest child prostitution problem. Commercial sexual abuse of minors (youth prostitution) in Costa Rica is said to attract over 5,000 sex tourists a year (Gutnam, 2004).
Other areas in the region where youth prostitution is common include Belize, El Salvador, Guatemala, and Honduras. In Guatemala, more than 5000 street minors resort to prostitution for survival and many of these are trafficked into Europe and US. While in Honduras, Honduran girls, some as young as 13, are regularly trafficked into and sold to brothels in Guatemala, El Salvador and Mexico (Gutman, 2004).
According to a report by the DSTPR on sex trafficking, trafficking victims mostly come from Asia, Latin American and Eastern Europe. Leading destinations for sex traffickers are New York, Los Angeles, San Francisco and Las Vegas (Department of State Trafficking in Persons Report, 2006). According to Rosen (2008), New York and other states continue to prosecute exploited child sex workers.
Statistics and Findings
There have been some obvious and some interesting findings about youth prostitution. One of the obvious ones is that more girls are involved in prostitution than young boys. According to the National Center for Missing and Exploited Children, the most of the youth involved in prostitution are girls, although some see a rise in the number of boys. It also states that the average age most girls get involved in prostitution is at 14-years and the median age of involvement is 15.5-years. Unfortunately and shockingly enough, it also reports child prostitutes of only 11 or 12-years and even 9-years of age (Department of Justice, NIS-MART, 2002). Another interesting finding is that larger cities are more likely to have a higher proportion of boys involved in prostitution. (Department of Justice, NIS-MART, 2002) (Rosen, 2008)
Another finding is that most children who yield to prostitution do so before they turn 12 (Gutman, 2004). Younger people have also been picked up by the authorities. An interesting finding is that those who give in to prostitution are those that have already been abused before. It is relatively easier for these children to give in. According to Gutman (2004) again, all who engaged in survival sex in exchange for basic necessities were first sexually abused at home. Most had contracted at least one sexually transmitted disease.
An interesting and obvious finding is that these runaway sex workers are more commonly involved in criminal activities such as theft, violence and drug dealing (Flowers, 2001). Therefore, one thing stems another for these street children. This is also a consequence of youth prostitution.
Furthermore, in addition to forced or coerced prostitution, there is also a voluntary prostitution whereby children opt for it in exchange for favors such as dope, crack cocaine, money and other presents (Rosen, 2008).
Reasons
There are many reasons why youngsters such as teenagers and adolescents succumb to prostitution. One may think why it is even an option. It is an option for thousands of children and there are reasons for this. The first and the foremost, and the most obvious, reason for youth for child prostitution is poverty. Poverty leads to children having survival sex (Gutnam, 2004). They go on the streets to meet their most basic needs of food and shelter. Food comes from the money they earn from prostituting while shelter comes in the form of brothels.
Poverty, as an effect, leads to unemployment and underemployment. In many parts of Latin America, child labor still continues. When such children do not find employment opportunities, they yield to prostitution as a profession.
Another primary cause of child/youth prostitution is homelessness. Prostitution takes form in its gravest forms only when children are vulnerable and homeless. In the larger cities and states of the US, children are homeless when they run away from home. Reasons given for this is when their families fail to understand them; when there are not enough opportunities or enough freedom at home. Another reason for children, or teenagers, running away from home is when the streets are more attractive to them. They feel like they have not explored the bigger and the better part of the world. Others are abandoned by their families due to personality difference, unacceptable sexual orientation or gender identity factors (Rosen, 2008).
Estes and Weiner (2001) agree with the fact that the majority of American victims of commercial sexual exploitation tend to be runaway or thrown away youth who live on the streets who become victims of prostitution. They also agree with the reasons; these children generally come from homes where they have been abused, or from families that have abandoned them (Estes & Weiner, 2001).
In 2006, the National Runaway Switchboard estimated that there were between 1.3 and 2.8 million runaway and homeless youths in America. (Rosen, 2008). Around three fourth of these children had physical threats, drugs or sexual abuse threat while they were on the streets. Of these, it further estimates that 27,300 (or 2%) had spent some period of time that they were missing with a sexually exploitative person and another 14,900 (or 1%) were sexually assaulted or someone attempted to sexually assault then while a runaway (Rosen, 2008). Therefore, a homeless is very likely to run into sex traffickers or pimps while on the streets. Youth prostitution is also blamed on an alarming rise in the use of crack cocaine by homeless youth (Gutnam, 2004).
This is all about prostitution that is forced upon these children. They succumb to it as a last resort. There is another increasing form of prostitution. This one is known as voluntary prostitution. This is mostly taken up by teenagers or adolescents who abuse substances. They do it in exchange for dope or other presents, even money. A study by Jessica Edwards, of the Pacific Institute for Research and Evaluation, found that approximately 650,000 American teenagers exchange sex for favors (Rosen, 2008).
More findings from her study suggested that around 4 percent of her sample of more than 13,000 U.S. teens she sampled reported having prostituted themselves. More disturbing, about 15 percent of boys and 20 percent of girls who took up voluntary prostitution reported that they had had a sexually transmitted disease in the process. (Rosen, 2008)
Another possible reason for youth prostitution, according to Miko and Park (2003) is organized in the form of kidnapping, or from pressure from parents, or through unreliable agreements between gullible parents and sex traffickers. This is when parents are either not aware of what they have agreed to or have bet on something that ultimately leads to traffickers to abduct their children for prostitution.
Consequences
Interpol has identified a positive, direct relationship between the spread of child pornography and the rise in child prostitution (Gutman, 2004). This is when adults abuse children sexually to satisfy themselves, and for more satisfaction and monetary reward, they make videos of their encounters with these teenagers, and sell them for the purpose of child pornography. This means that the more the sex trafficking and prostitution of children, the more distribution and growth of the child pornography industry.
On the other hand, sex tourism can also be blamed. To keep the industry flourishing, service providers ensure that the service will be provided, regardless of anything. Sex tourism is a cause as well as an effect.
Even though complete data concerning child prostitution in Belize is not on hand, sex tourism is still responsible for a rise in HIV/AIDS cases among minors and adults (Gutman, 2004). Youth prostitution is responsible for many of the sexually transmitted infections in many parts of America. Runaway prostitutes are prone to AIDS virus, sexually transmitted infections, pregnancy and other health issues (Flowers, 2001 pp. 57). According to Flowers (2001) again, the truth of the matter is that it is these people who also are without proper medical care. In other words, these children are more exposed to health issues, and are least likely to have access to effective medical treatment. Young sex workers are also more prone to physical abuse, robberies, street violence and even have more potential to commit or attempt suicide (Flowers, 2001).
Sometimes drug abuse is a cause of voluntary prostitution. Other times, it is also a consequence. According to Flowers (2001), many of the underage workers become drug or alcohol abusers (Flowers, 2001, pp. 57). He also believes that they become more sexually promiscuous once they yield to prostitution the first time.
Other consequences come under the umbrella of psychological and developmental problems. According to the US Department of Justice, few children in this situation are able to develop new relationships with peers or adults other than the person who is victimizing them.
Strategy and Law
Traditionally, extreme actions by some police and prosecutors have threatened to punish underage sex workers by imprisoning them. Moreover, they also force them into testifying against their pimp or trafficker. This is not a very effective strategy and is said to be abusive because it leads to young person being victimized twice, once by their traffickers and then by the authorities (Rosen, 2008). However, New York and other states still impeach exploited child sex workers. The Safe Harbor Act is projected to put an end to this (Rosen, 2008).
On the other hand, ambiguous statutes, careless investigations and short prison terms, mostly in Latin and parts of Central America, are turning Belize into a mushrooming haven for child pornography and youth prostitution (Gutnam, 2004).
Nonetheless, many Federal and State laws have been put into effect to prevent youth prostitution in the United States of America. The Federal Laws fall under 18 U.S.C. 1591 (2008). There is a statute for Sex Trafficking of Children By Force, Fraud, or Coercion. What this statute prevents is quite obvious from the title of it. However the punishment, according to this statue for forcing or tricking children into an act of commercial sex has conditions such as if the offense was effected by force, fraud, or coercion or if the person recruited, enticed, harbored, transported, provided, or obtained had not attained the age of 14 years at the time of such offense, by a fine under this title and imprisonment for any term of years not less than 15 or for life; or if the offense was not so effected, and the person recruited, enticed, harbored, transported, provided, or obtained had attained the age of 14 years but had not attained the age of 18 years at the time of such offense, by a fine under this title and imprisonment for not less than 10 years or for life (National Center for Missing and Exploited Children, 2009).
Another such Federal Law for prevention of child prostitution is the 2421 statute of Transportation Generally. This states that whoever knowingly transports any individual in interstate or foreign commerce, or in any Territory or Possession of the United States, with intent that such individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 10 years, or both (National Center for Missing and Exploited Children, 2009).
Another statute 2422 Coercion and Enticement highlights that whoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both. Or whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title and imprisoned not less than 10 years or for life (National Center for Missing and Exploited Children, 2009).
Finally, 2423 Transportation of Minors prevents transportation with intent to engage in criminal sexual activity. The punishment under this statute for a person who knowingly transports an individual who has not attained the age of 18 years in interstate or foreign commerce, or in any commonwealth, territory or possession of the United States, with intent that the individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, shall be fined under this title and imprisoned not less than 10 years or for life (National Center for Missing and Exploited Children, 2009). There are many other conditions also, which are not highlighted here.
These laws are great and comprehensive enough to protect these underage sex workers but they contradict with the Safe Harbor Act of New York. First, under the federal law, sex trafficking is defined as commercial sex act that is induced by force, fraud, or coercion and the person under 18-years is coerced into engaging in such behavior. The Safe Harbor Act, on the other hand, is intended to assist young people of 15 years of age and younger. According to Rosen (2008), this, therefore, not only fails to meet federal trafficking requirements, but also does not comply with New York State age-of-consent laws that specify sexual consent at 17-years.
State Laws state that child prostitution is illegal in all 50 states and the District of Columbia (National Center for Missing and Exploited Children, 2009). Therefore, in the modern America or the United States of America, prostitution and sex trafficking of underage sex workers can lead to imprisonment for a maximum of life. These federal and state laws have been put in place and are intended to ensure the protection of these children. However, they are not playing their role to the maximum because according to the literature statistics and findings, child prostitution is still common in many parts of the United States of America and other parts of the American continent.
References
Brown, B., Larson, R., Saraswati, T. S. (2002). The worlds youth: adolescence in eight regions of the globe. New York, NY: Cambridge University Press.
Children of the Night (2006). Frequently Asked Questions. Web.
Estes, R. J. and Weiner, N. A. (2001) Commercial Sexual Exploitation of Children in the U.S, Canada and Mexico. University of Pennsylvania. Westport CT: Greenwood Publishing Group
Flowers, R. B. (2001). Runaway kids and teenage prostitution. Westport CT: Greenwood Publishing Group.
Gutnam, W. E. (2004). Child prostitution: a growing scourge. The Panama News,10, No. 7. Web.
Justice.gov (2009) Domestic Sex Trafficking of Minors. Web.
Larson, R., Brown, B., Saraswati, T. S. (2002). The worlds youth: adolescence in eight regions of the globe. New York, NY: Cambridge University Press.
Lerner, J. V., Lerner, R. M., Finkelstein, F. (2001) Adolescence in America. New York, NY: ABC-CLIO.
Miko, F. T. & Park, G. (2003) Trafficking in Women and Children: The U.S. and International Response. Web.
National Center for Missing and Exploited Children (2009). Web.
State.gov (2006) Department of State Trafficking in Persons Report. Web.
Rosen, D. (2008). Teen Prostitution in America. Web.
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