EXAMINING THE IMPACT OF THE TRAFFICKING VICTIMS PROTECTION ACT ON DOMESTIC MINOR SEX TRAFFICKING

Abstract

The Trafficking Victims Protection Act (TVPA) revolutionized the fight against human trafficking, particularly in the context of sex trafficking. However, while it provided essential services and safeguards for foreign victims, its impact on American trafficking victims remained limited. Subsequent reauthorizations in 2003, 2005, 2008, and 2013 aimed to address this gap by focusing on U.S. citizens and lawful permanent residents (LPR) who fell victim to sex trafficking. These legislative changes sought to eliminate disparities between legal and illegal citizens when it came to sex trafficking within the United States. Sex trafficked minors, who endure physical and psychological suffering, including health issues, violence, substance misuse, and academic setbacks, benefited from these legislative improvements. Many of them are also at risk of contracting serious diseases. However, despite these advancements, there is still a critical issue to address: the potential criminalization of child sex trafficking victims in states that enforce prostitution laws for minors involved in illegal sex work. The TVPA's language sometimes lacks clarity, particularly in defining sex trafficking. It primarily addresses "severe forms of trafficking in persons," encompassing sex trafficking induced by force, fraud, or coercion, especially when the victim is under 18 years of age. While the TVPA has made significant strides in combatting sex trafficking, further research is needed to understand its effectiveness in preventing the criminalization of child sex trafficking victims, particularly in states with conflicting prostitution laws