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Sex trafficking is recognized as a national problem that causes serious harm to the victims. The responses to trafficking, however, vary depending on jurisdiction. More specifically, depending on the state or federal legislation used, adolescents that engage in commercial sex acts can either be arrested as prostitutes or they can be rescued as sex trafficking victims. Federal legislation always considers youths that engage in commercial sex acts as victims of sex trafficking. However, states vary in the level of evidence required to prove a juvenile is a victim of sex trafficking. Using data from the National Incident-Based Reporting System (NIBRS), we compared details of incidents where youths engaging in commercial sex acts were arrested as prostitutes or identified as victims. Beyond legislative differences, discrepancies and similarities between cases are discussed to illuminate how law enforcement officials classify these events involving adolescents (i.e., as prostitutes or victims). Further, we consider the theoretical and policy implications of the findings.
Erica Fissel, University of Cincinnati
Teresa C. Kulig, University of Nebraska at Omaha
Bonnie Fisher, University of Cincinnati
Valerie Anderson, University of Cincinnati