Punishing the Victim

2008 October 28
by Julie Clawson

As a follow up to my recent post on Call+Response about modern day slavery, I was intrigued today to see two stories about sex trafficking make the news. CNN reported on the success of “Operation Cross Country 2″ – a nationwide attempt to free people from forced prostitution. This resulted in the release of 46 children into protective custody. But apparently it also resulted in the arrest of 518 adult prostitutes. Maybe it’s just me, but that course of action doesn’t seem to be the most helpful approach. If someone is trafficked into forced prostitution in this country under the age of 18 they are rescued and protected, but if they are over 18 they are arrested? Are we seriously punishing women for being trafficked? (and yes I know not all those arrested were forced or trafficked, but still…). On paper these women are (often) illegal immigrants practicing an illegal profession. So instead of helping them establish productive lives our legal system punishes the victim. There is something seriously wrong there.

It reminded me of the other news story on modern sex slavery I read today – that of former slave Hadijatou Mani winning a suit against the Niger government for their failure to protect her from slavery. Heralded as a landmark case that will pressure the government to actually enforce it’s antislavery laws, Ms. Mani faced the double horrors of both slavery and government punishment. Sold into slavery at age 12, she performed domestic tasks and was repeated raped and forced to bear the children of her master. After attaining freedom, she remarried. But when her former master claimed to be her husband she was sentenced to jail time for bigamy. One reason she brought a suit against the government was to ensure that her children remain free and do not face what she faced.

Somethings missing here. If sex slaves are just going to face punishment if they obtain freedom, we are just giving their slavers another tool to keep the system in place. The slaves will stay silent out of fear – fear not just of their slaver but of the government that claims to be their protector. That is some pretty messed up justice, if it can be called justice at all. Half hearted attempts to fix a broken system don’t cut it. Ending slavery is something that has to be done all the way. When people have suffered they need healing and love not misguided letter of the law bureaucracy.

One Response leave one →
  1. jen permalink
    October 28, 2008

    thank you! I just heard about “operation cross country 2″ from BBC this morning, and immediately had the same thought. 80% of those arrested were sex workers themselves?! that doesn’t sound like true justice to me. I’m glad to hear others are questioning the success of this operation as well.

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