Will Juvenile Prostitution be Decriminalized?

Radio Commentary, 90.7, 91.7 New Life FM, January 21, 2011
By Sue Ella Deadwyler

Good morning, Jim. The lame-duck session of Congress was a study in liberal determination to pass as many destructive bills as possible, but I’m glad to report good news. Some of those bad bills died. Two that died were H.R. 5575 and S.2925 that would have decriminalized prostitution for anyone under 18. S.2925 passed both House and Senate, but a House amendment meant it had to go back to the Senate for another vote, which never happened. If the Senate had handled it again and had agreed with the House changes, it would have passed. Thankfully, it didn’t.

S.2925 removed all prostitution penalties for anyone under 18 and prohibited law enforcement from bringing charges against any prostitute under age 18. If this had passed, prostitutes under 18 would not be arrested, but would be classified as victims of sex trafficking, regardless of how, why or how long they worked in the sex industry. The rationale for such strange reasoning is to classify under-age prostitutes as victims, to make them eligible for victim compensation funds. If they are charged with a sex crime, they are NOT eligible to receive victim compensation funds, since the law says they are perpetrators rather than victims.

S.2925 is a federal bill that would have established a pilot program for states that would change their laws to decriminalize underage prostitution and classify prostitutes under 18 as sex trafficking victims. A similar bill in Georgia was defeated in the 2010 session and we’re expecting another to be introduced this session. Believe it or not, there’s a lot of support for it in the legislature.

Conclusion: SOME underage prostitutes may be victims, but the bill defeated in Georgia last year decriminalized prostitution AND the illicit massage business AND the porn industry for all minors, including those that choose to work in the sex trade. Judges have always had the legal discretion to decide whether a sex offender is a victim or a voluntary professional and judge them, accordingly. Judges may release those that are victims and penalize the others.

If those who are penalized fulfill the court’s requirements and never return to the sex industry, their police records may be expunged. The fact is laws are barriers that deter unacceptable acts. Removing laws against juvenile prostitution will, simply, multiply the problem and lay the foundation for a new class of 18-year-old welfare recipients – those who reach 18 and are rotated off the streets, to be replaced with a new younger crop. Ask your state representative and senator to oppose any bill that would remove penalties for prostitution. The million-dollar question is, “Why would anyone want to make it legal for children to sell sex?” For Georgia Insight I’m Sue Ella Deadwyler, your Capitol correspondent.