An Analysis of Federally Prosecuted Commercial Sexual Exploitation of Children (CSEC) Cases since the Passage of the Victims of Trafficking and Violence Protection Act of 2000

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Abstract

This study examined the prosecution of the commercial sexual exploitation of children and youth (CSEC) in the United States. The research took the form of a national analysis of federal prosecutions since the passage of the Trafficking Victims Protection Act (TVPA) in 2000, answering the following research questions: (1) Is the United States enforcing existing federal laws related to CSEC? (2) What are the key features of successfully prosecuted CSEC cases? (3) Have the U.S. courts increased penalties associated with sexual crimes against children? (4) What are the effects of CSEC legislation on service providers who work with victims? This assessment provides policy makers with a means of assessing the effects of legislation aimed at combating CSEC.

Introduction

Each year, many children and youth are victims of commercial sexual exploitation involving acts of sex trafficking, prostitution, sex tourism, mail-order-bride trade and early marriage, pornography, stripping, and sexual performances. Reportedly, more than two million children worldwide are commercially sexually exploited every year, with as many as 300,000 of them being victimized in the United States (Estes & Weiner, 2001). The commercial sexual exploitation of children and youth (CSEC) is a fundamental violation of human rights that has devastating effects on its victims. Victims face violence, physical, emotional and sexual abuse, sexually transmitted diseases, and often are arrested and detained as criminals.

To help deter the spread of this crime, to punish its perpetrators, and to protect its victims, the U.S. Congress passed legislation aimed specifically at acts associated with CSEC, the most notable being the Victims of Trafficking and Violence Protection Act (TVPA) in 2000. Though several years have passed since the introduction of CSEC-focused legislation, we are just beginning to understand the impact of this legislative effort.

To increase understanding of this problem and how it has been addressed through legislation, the Urban Institute, a non-partisan social and economic policy research organization, along with Polaris Project, an anti-human trafficking organization based in the United States and Japan, were awarded a cooperative agreement from the Office of Juvenile Justice and Delinquency Prevention (OJJDP) to conduct a 12-month study on CSEC in the United States. The purpose of this research was to conduct a national analysis of federal prosecutions of CSEC-related cases from 1998 through 2005. This document reports our research findings. Our goal was to answer to the following questions:

• Is the United States enforcing existing laws related to CSEC?
• What are the key features of successful CSEC cases? What factors predict convictions in cases? What factors predict sentence length?
• Have U.S. courts increased penalties associated with sexual crimes against children?
• What, if any, are the effects of CSEC legislation on service providers who work with these victims?

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