Alabama’s New Sex Trafficking Law Could Mean Life in Prison for Trafficking Victims
A new law in Alabama showcases how the war on sex trafficking is mirroring the war on drugs, with all of the negative consequences that implies. The law, signed by Republican Gov. Kay Ivey in mid-April, is called “The Sound of Freedom Act,” after a recent hit movie about sex trafficking.
It’s never a good sign when public policy takes its cues from Hollywood. It’s even worse when the film in question was inspired by a group (Operation Underground Railroad) that stages highly-questionable “sting” operations and was founded by a truth-challenged man (Tim Ballard) fending off multiple sexual assault lawsuits.
Alabama’s law—which takes effect on October 1, 2024—stipulates a mandatory life sentence for anyone found guilty of first-degree human trafficking of a minor. On its surface, this might not sound too objectionable. But in fact it will likely to lead to extreme overpunishment for people whose offenses are far less nefarious than those in movies like The Sound of Freedom.
It could even lead to life in prison for trafficking victims.
How Human Trafficking Laws Really WorkÂ
If you’re a regular reader, you probably know by now that “human trafficking” in America looks nothing like it does in the movies. Something needn’t involve force, abduction, or border crossings to be legally defined as human trafficking. Adult victims often start off doing sex work consensually, then wind up being exploited, threatened, or abused by someone they initially trusted to help them. And when someone under age 18 is involved in any exchange of sexual activity for something of value, it qualifies as sex trafficking even if no trafficker is involved.
Two 17-year-old runaways could work together, meeting up with prostitution customers. They would both be considered trafficking victims under U.S. law. If one of them turned 18 and they continued to work together, the 18-year-old would be guilty of child sex trafficking. Helping them post an ad online or driving them to meet a customer would also suffice.
A teenage victim need not even be a legal adult to be labeled a sex trafficker. Take the case of Hope Zeferjohn, in Kansas. Starting at age 15, she was victimized by an older boyfriend, who pressured her into prostitution and asked her to try to recruit other teens to work for him too. Zeferjohn wound up convicted of child sex trafficking for these attempts.
And people need not know they’re involved with a minor to be guilty of child sex trafficking. A 17-year-old could post an ad online, pretend to be 19, and meet up with someone (perhaps barely over 18 himself) looking to pay another adult for sex. The person paying would be guilty of human trafficking in the first degree even if he had no reason to believe the person he paid was a minor. In fact, Alabama law specifically states that “it is not required that the defendant have knowledge of a minor victim’s age, nor is reasonable mistake of age a defense to liability under this section.”
There doesn’t even need to be a real victim involved for someone to be convicted of human trafficking of a minor. Police could pretend to be an adult sex worker, chat with a prospective customer, and then casually drop into the conversation that they’re “really” only 17-years-old. The prospective customer may believe this to be actually true or not (after all, the actual police decoy may be
Article from Latest
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.