On January 26, 2018, Delaware Online published an article about a two-day, multi-agency prostitution sting across New Castle County, Delaware aimed at eradicating trafficking in the area. Delaware Online reported that the proclaimed “crack-down” resulted in 44 arrests for prostitution-related offenses, 29 of which were for prostitution, and 13 for patronizing a prostitute. The remaining 2 were allegedly out-of-state fugitives.
As this operation was meant to combat human trafficking, Victim Services specialists interviewed the persons arrested for prostitution to provide information about trafficking and to offer substance abuse and social services counseling. Delaware Online also reported that some of the women came to the area from places as far away as California for the sole purpose of selling sex, a factor the article said was indicative of trafficking. Master Cpl. Michael Austin of the Delaware State Police was quoted in the aforementioned article, stating that the operation provided, “an opportunity to identify and offer services to victims, while sending a message to the public that prostitution is not a victimless crime.”
Providing social services to those who sell sex is an essential tool in the fight against human trafficking. However, arresting persons who sell sex is the antithesis of sending the message to the public that “prostitution is not a victimless crime.” In order to embody this message, the victims associated with this crime need to be treated as such. As the idea that prostitution is a victimless crime is truly a myth. For instance, workplace homicide rates for women involved in prostitution are 51 times higher than the next most dangerous occupation for women. Yet, as perfectly illustrated by this New Castle County sting, the victims tend to be treated as criminals while those who purchase sex are charged far less frequently or even given a free pass.
The CSE Institute is pleased to see that The Delaware State Police has human trafficking on its radar and was thoughtful enough to incorporate Victim Services into its investigation. Yet, creating an arrest record for those who sell sex does nothing to improve the future career prospects of prostituted persons, lessoning their ability to leave the underground economy of commercial sexual exploitation. Moreover, focusing on the demand for commercial sex is a far superior means to deter commercial sexual exploitation, all together. We encourage Master Cpl. Austin and other potential allies to keep working to combat human trafficking, but suggest adjusting their perspectives regarding how to approach the victims of this hardly victimless crime.
All views expressed herein are personal to the author and do not necessarily reflect the views of the Villanova University Charles Widger School of Law or of Villanova University.