30 Jun 2022

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Sentencing for Sex Traffickers

Format: APA

Academic level: Master’s

Paper type: Research Paper

Words: 1712

Pages: 6

Downloads: 0

Sex trafficking a leading public issue across the United States, with a significant number of states being mostly affected. Although there are legal mechanisms for combating crime at the federal level, some states have decided to adopt their approaches to fighting crime independently. One of these states is the State of Alaska. Through its governor, Mike Dunleavy, the State introduced a bill into the house aimed to promote safer Alaskan communities by cracking down on sex trafficking offenders. More specifically, the piece of legislation, if passed, will transform the state legislation by raising standards for law enforcement and increasing penalties for all forms of tracking. The bill is expected to change Alaska by massively reducing the rate the crime in the State. The contents of the bill, titled House Bill No. 255 are as follows:

The bill consists of 37 sections with each section addresses different elements of the crime and how the local government will deal with the crime. For instance, the section two offers an in-depth definition of the crime. A person commits sex trafficking in the first degree if they: one, use force or threats to cause or induce another person to engage in commercial sex conduct. Two, intends to promote sex trafficking by recruiting, enticing, or causes a minor to engage in commercial sex conduct. Third, forces a person who is their legal custody into commercial sex conduct ("Alaska HB225 | 2019-2020 | 31st Legislature", 2020) . Fourth, it manages, controls, owns, or supervises, whether alone or in the association, a prostitution enterprise. Sex tracking in the first degree, according to the bill, constitutes an unclassified felony.

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Sex trafficking in the second degree is classified as class A felony with third-degree as either class B or C depending on the value. A person violates second-degree sex trafficking if they intend to promote sex trafficking, recruit persons, entices, or induces an individual to engage in commercial sex conduct. A person commits sex trafficking in the third degree if they offer resources, services, or some form of assistance that leads to the violation of first- and second-degree crimes. The offense falls in class B if the value of the resources and services exceeds $200 and class C if it falls below $200 ("Alaska HB225 | 2019-2020 | 31st Legislature", 2020) . The definition of various forms of crimes related to sex trafficking does not end here; the bill introduces another form of crime.

In the same section, the bill establishes a new crime of sex trafficking, namely "patron of a victim of sex trafficking." The purpose of this particular element of the bill is to punish people who demand underage victims of sex trafficking. It reads that a person commits an offense of being a patron when: one, recklessly solicits commercial sex conduct without considering the person engaging in the sexual conduct can be a victim of sex trafficking ("Alaska HB225 | 2019-2020 | 31st Legislature", 2020) . Two, solicits commercial sex conduct from an underage person. The new piece of legislation seeks to address the demand side of the crime by imposing heavy punishments aimed at discouraging the behavior. The logic behind the patron of the victim of sex trafficking crime is that sex trafficking is thriving in the State due to the skyrocketing demand of commercial sex workers.

The proposed bill does not only define forms of sex trafficking crime. It also enlists punishments for offenders and legal mechanisms for victims of the crime. Punishments, in the forms of the prison sentence and fines, have been increased depending on the type and degree of crime. A person found guilty can be sentenced to at least 99 years in prison. Further, convicts of the crime, even after serving their time, will be required by law to register as sex offenders with the State's registry. Interestingly, there is a piece of legislation that demands a person convicted before for prostitution can have their convictions vacated if proven they were a target of sex trafficking at the time of the prostitution infraction. This is because legislatures have come to understand that sex traffickers manipulate their victims by threatening them with being charged with prostitution.

The bill originates from the inadequacies of a piece of legislation in place the State uses to combat sex trafficking. In a speech given by the governor during the introduction of the bill, he hinted that the law has significantly failed to protect Alaskans, especially young girls and women who make up the largest portion of victims of sex trafficking. On the day it was introduced to the house, the State's Attorney General, Kevin G. Clackson remarked that the State's Department of Law is devoted to eliminating traffickers, ensure the protection of victims, and further awareness of sex trafficking and labor across Alaska ("Governor Dunleavy Introduces Legislation Promoting Safe Communities – Mike Dunleavy", 2020) . Introduced on 27 January 2020, the bill was expected to take effect by 1 July 2020 officially.

The law is expected to impact public health immensely. This is primarily because human trafficking is a public health concern that is crippling the overall health of Alaskan people. The law will improve public health by minimizing the health concerns of sex trafficking on victims and their families. For instance, physical trauma and mental health is a major concern in trafficking people. It typically arises from the force, coercion, or fraud that arises due to repeated detention and physical in addition to psychological abuse. A significant amount of empirical literature shows that at least 95 percent of targets of sex trafficking are brutally assaulted or pressed into sex conducts. Further, more than 59 percent of women report cases of prolonged fatigue, back pain, neurological problems, and several other complications.

Moreover, the law seeks to address sex and reproductive health as well as STIs caused by trafficking. Sex trafficking plays a major part in the spread of the HIV/AIDS epidemic as well as other STIs (Deshpande & Nour, 2013). Curbing the demand for prostitutes and punishing sex traffickers will see a substantial decrease in the number of girls and women forced into prostitution and end up contracting diseases. Contracting untreatable diseases leads to the development of life long health complications. For instance, the human papillomavirus (HPV) can lead to cancer of the cervix among victims of trafficking (Levine, 2017). It is also common that trafficking contributes to the increasing number of unwanted pregnancies across the United States (Cowell, 2014). Unintended pregnancies among victims of sex trafficking often lead to forced abortion, a practice that can permanently damage the victim's reproductive system and overall wellbeing.

Public Health Implications

The discussion shows that the State of Alaska has acknowledged and understood that sex trafficking is a major statewide concern and thus is developing solutions to curb the problem. Having conducted a comprehensive of the proposed bill, the following observations were made. First, the bill is established on the premise that there is compelling evidence that commercial sexual exploitation and trafficking is a major concern in Alaska. Thus, it is a potential problem that can impact children and adolescents (Greenbaum et al., 2015). It is designed to prevent both immediate and long-term adverse effects on minors and also families and the community as a whole. It accomplishes this by discouraging the demand for prostitutes, especially those that are underage.

Two, the bill is a significant improvement of previous legislation, making it a more powerful weapon against sex trafficking. There have been arguments that the current Act harms victims than it claims to protect. The law was, in fact, flawed, which explains its ineffectiveness in achieving its purpose (Deshpande & Nour, 2013). This is not the case with the proposed bill. It is created out of both the limitations of the current set of laws and also from lessons from some of the best performing states in cracking down sex traffickers (Diaz et al., 2014). Because of this, the proposed bill will deter sex trafficking activities due to its more serious penalties.

Furthermore, the idea that a sex trafficker, even after serving their term, will be required to register as a sex offender is the right move. A person who promotes compels, forces, or even conspires in committing these crimes will recognize statewide as a sex offender, and this will affect their ability to secure employment or other opportunities in the future (Greenbaum et al., 2015). This move will make many ex traffickers refrain from the crime or move to other places with less stringent laws. The law does not only focus on sex traffickers alone; it also addresses concerns of victims. It is a modification that makes it a special bill.

Lastly, the bill is accompanied by another set of bills labeled HB 224 aimed at improving police standard legislation. The partnership of the two laws, if passed, will strengthen the response of the law. According to this bill: anyone convicted of a sex offense, felony, domestic violence crime will not be appointed as a police officer and empowers Alaska's police to set standards of employment (Greenbaum et al., 2015). The bill mainly aims to bring accountability and integrity in the police force to improve its capacity to combat sex trafficking crimes. Having a reputable law enforcement task force is vital to eliminating sensitive crimes such as sex offenses. Because of the above reasons, the bill should appeal to voters who wish well for the Alaskans.

Letter to the Legislator

(Insert the name of legislator)

State of Alaska

City, State, Zip Code

Dear Sir,

My name is (insert), a member of the Alaska community from (insert). I am writing to you in regards to the proposed bill – House Bill No. 225 – addressing sex trafficking in the State. I am writing to request you to support the bill. The proposed piece of legislation will be instrumental in not only preventing, minimizing, and eliminating sex trafficking and related offenses. The bill was constructed by a group of people knowledgeable and experienced in criminology with special expertise in sex trafficking. Thus, it is designed, in many ways, to effectively crack down sex offenders across the State.

Sex trafficking is unlike other crimes. It is a public health issue that is not only affecting young girls and women but also threatens the wellbeing of future generations of girls. The increasing rates of sex trafficking over the past decades have seen the rates of violence against girls and women increase, the rate of HIV/AIDS and other infections skyrocket, and other complications associated with sex trafficking increase. Because of these reasons, the adoption of the bill will achieve the following:

Deter individuals from engaging in sex trafficking activities and further punish those that do heavily.

Discourage people from buying sex from underage girls and victims of sex trafficking.

Increase punishment for individuals found guilty of sex trafficking crimes.

Establishment of legal mechanisms that protect victims of sex trafficking against actions of their offenders

Help acquit convictions of individuals found guilty of prostitution when they were victims of sex traffickers at the time of conviction.

Improve integrity and accountability in the police force.

Ultimately, improve the overall public health of the community by eliminating sex offenses and the protection of victims.

I ask you to support the bill to improve the safety and protection of the people of Alaska and the surrounding communities.

Respectfully Yours,

Insert Name

Title

Contact information

References

Alaska HB225 | 2019-2020 | 31st Legislature. (2020). Retrieved 19 July 2020, from https://legiscan.com/AK/bill/HB225/2019 

Cowell, J. M. (2014). Commercial sexual exploitation and sex trafficking of minors as child abuse.

Deshpande, N. A., & Nour, N. M. (2013). Sex trafficking of women and girls. Reviews in Obstetrics and Gynecology , 6 (1), e22.

Diaz, A., Clayton, E. W., & Simon, P. (2014). Confronting commercial sexual exploitation and sex trafficking of minors. JAMA pediatrics , 168 (9), 791-792.

Greenbaum, J., Crawford-Jakubiak, J. E., & Committee on Child Abuse and Neglect. (2015). Child sex trafficking and commercial sexual exploitation: health care needs of victims. Pediatrics , 135 (3), 566-574.

Governor Dunleavy Introduces Legislation Promoting Safe Communities – Mike Dunleavy. (2020). Retrieved 19 July 2020, from https://gov.alaska.gov/newsroom/2020/01/28/governor-dunleavy-introduces-legislation-promoting-safe-communities/ 

Levine, J. A. (2017). Mental health issues in survivors of sex trafficking. Cogent Medicine , 4 (1), 1278841.

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StudyBounty. (2023, September 16). Sentencing for Sex Traffickers.
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