State considers aid to victims of child prostitution

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By Valerie Bauman, ASSOCIATED PRESS

N.Y. | Tiffany was 12 when her mother died. That was the same year she ran away from her sister's house, lived on the streets for six weeks and met the man who two days later became her pimp.

Under New York state law, girls like Tiffany could be prosecuted for breaking the law.

But a new bill Gov. David Paterson, a Democrat, is reviewing would help child prostitutes avoid harsh prosecution. They would be treated as victims and get services to help escape exploitation in the sex trade.

"As a young girl, when you're under the age of 17, you cannot consent to sex, and you're forced to have sex with someone for money - I feel like that's statutory rape," said Tiffany, who asked that her last name not be used because she was a victim of sexual violence.

The governor's office has said only that officials there will review the measure when it's sent to them.

Now 18, Tiffany has received her GED, does outreach for other young women and hopes to go to college. She spent a year-and-a-half in jail for assault before she was introduced to a mentoring program.

New York - and many other states - have sought to prosecute sexually exploited youth. State laws generally contradict the federal Trafficking Victims Protection Act of 2000, which defines sex trafficking as a commercial sex act induced by force, fraud or coercion - or involving a minor.

Child advocates want state laws to reflect federal law.

The Safe Harbour bill that passed the New York State Assembly in June would allow children under the age of 15 avoid criminal proceedings on their first prostitution arrest and instead be considered a "person in need of supervision." The bill would offer them services to start over.

In any future arrests, the youths could defend themselves as victims of sex trafficking in court to avoid harsh prosecution and stiff penalties. The judge would have discretion in those cases.

Arresting children exploited as prostitutes can further traumatize them and impose a stigma that is difficult to escape, said Rachel Lloyd, the founder and executive director of the Girls Education & Mentoring Services, a nonprofit that helps girls avoid or escape sexual exploitation.

Only Polaris Project, an organization fighting human trafficking.

According to the National Incidence Studies of Missing, Runaway and Throwaway Children, an estimated 450,000 children run away from home every year. Living on the streets, one out of every three teens will be lured into prostitution within 48 hours of leaving home.

But intervention has helped girls like Tiffany.

"I'm not in the life anymore," she said. "I have a job, I live on my own and I have my own apartment. I see a counselor, and I've learned to love myself and [to] be able to deal with situations in another way. I don't have to run away from my problems."