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

People facing drug crime charges who were victims of unlawful search or seizure may wonder, “What role does search and seizure law play in drug cases?” Under the Fourth Amendment, search and seizure law protects you from unreasonable searches and seizures by law enforcement officers. The Minnesota constitution provides similar protections.
One question that may linger on your mind upon discovering you are under drug crime investigation is: “What should I do if I’m arrested on drug charges?” The first thing you should do if you’re arrested on drug charges in Minneapolis is stay calm and cooperative. Then, document the arrest while the event is still fresh in your mind. Next, hire a lawyer who has built a successful practice around helping criminal defendants facing drug related charges.
If you are facing a sex crime charge or suspect the police are investigating you, you might wonder: “Can I be charged with a sex crime if the other party consents?” While you might have consensual sex with someone, sex crime charges can still be filed against you in Minnesota. Legal concerns, such as the complainant’s age, mental capacity, and legal authority, are usually considered during court proceedings for sex crime cases. All those issues can impact your case.