Sex Trafficking Victims or Prostitutes? The Truth Might Surprise You [infographic]

Sex trafficking victims are often arrested in prostitution stings and charged with a criminal misdemeanor or felony offenses because they are wrongly identified within the criminal justice system.

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Table of Contents

Recognizing Sex Trafficking Victims

According to sex crime statistics in America, many people arrested for prostitution are victims of sexual exploitation by human traffickers. Teenagers and young people are very vulnerable to sex trafficking, especially if they are homeless and living on the streets. Studies show that 50 percent of homeless youth have engaged in survival sex, providing sex in exchange for food, shelter, and money. Young pimps commonly use fake romantic interests, promises of false jobs, and the lure of money and success to entice young people into a life of forced confinement and psychological coercion.

A recent FBI sex trafficking operation in California arrested 99 pimps and more than 650 adults for prostitution-related charges. They also rescued 84 minors who were sex trafficking victims including an infant and her 3-year old sister who were scheduled for sale to sex buyers for $600. A 2014 study on Minnesota sex trafficking for minors shows that sales often occur at hotels in Minneapolis suburbs, at sex buyers’ homes, and on streets with easy access to drivers, bus routes, and public parks. In the Twin Cities, victims are often sold or transferred to perpetrators through structured business operations like adult bookstores, strip clubs, massage parlors, and closed sex buyer networks found on the dark web.

To prevent arrests and criminal charges for sex-trafficking victims, the FBI and the federal government urge states to adopt Safe Harbor Laws that serve four important purposes:

  • Protecting minors against criminal charges for prostitution
  • Reclassifying minors as sexually exploited children or victims of sex trafficking
  • Routing sex trafficking victims from delinquency to supportive services
  • Providing specialized services for the sexual exploitation of children

By adopting or developing Safe Harbor Laws, states can also help adults who have fallen into prostitution through forms of coercion by pimps and sex traffickers. Cities must promote sex trafficking prevention to teenagers and youth through middle school and high school programs that outline recognition and dangers of pimps and coercion measures. Communities must develop programs that help people at higher risk of committing sex crimes or becoming sex trafficking victims due to personal or economic circumstances.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Can Past Allegations of Sex Crimes Be Used Against You in Minnesota?

One question people charged with a sex crime in Minneapolis, MN, ask is: Can past allegations of sex crimes be used against me? Under Minnesota Rules of Evidence, past sex crime allegations aren't admissible as evidence in court to prove a suspect's character and argue that it contributed to the commission of the current crime. However, there are circumstances in which the court may allow prior allegations or bad conduct as evidence. These circumstances include when the prosecution can demonstrate that prior allegations or acts are key to establishing intent, identity, or pattern of bad conduct related to the current crime.

What If The Alleged Victim Was Drunk? Minnesota Consent & Alcohol Laws

Under Minnesota consent & alcohol laws, it is unlawful to engage in sexual contact or intercourse with someone drunk or intoxicated to a degree that prevents that person from consenting, understanding, or keeping his or her actions in check. Simply put, you should avoid sexual contact with a person who visibly looks impaired by alcohol, drugs, or other intoxicating substances.

How Long Do Police Have to File Drug Charges in Minnesota?

People facing arrests or under investigation for drug-related crimes often wonder: How long do police have to file drug charges in Minnesota? Once police officers conclude their investigations and arrest you for drug trafficking, the law bars them from holding you in custody for long. But, even if they can't keep you in jail, the Minnesota statute of limitations allows the prosecution to file the charges within three (3) years of arrest.