This strategy has been boosted by a shift in the way the public thinks concerning the realities of s3x trafficking, the result of years of work by advocates for the victims and legislators focused on dispelling myths about s3x trafficking.
“This is not simply about one specific state, but I think it's about nationally how we understand the issue of s3xual exploitation and s3xual violence,” Esperanza Fonseca, a s3x trafficking survivor who now works as an advocate with World Without Exploitation, said. “Right now, across the country, we either consider people in prostitution as criminals or we sort of consider them as free agents and don’t offer them any services or help.”
“If this passes,” she added, “then it would be a huge victory for our movement and would help set the tone for the rest of the country on how to deal with this enormous problem.”
But Mills, a Democrat, could by swayed by opposition to the bill by a local organization that opposes the legislation over concerns that pimps could take advantage of the new system.
Yet advocates for the model maintain that decriminalization is the solution. S3x trafficking victims are afraid of being caught by law enforcement and facing criminal punishment, leaving them trapped in dangerous and abusive situations, they say. Decriminalizing prostitution charges is key to reducing stigma and helping participants feel safe to come forward, they argue. Their work relies on an important education piece on who is disproportionately caught up in s3x trafficking: women and girls with low income, immigrants and members of the LGBTQ community.
"When I talk about this with people, they ask me, 'Do I've to worry about my kid being snatched up?’” said Lauren Hersh, a previous prosecutor in New York turned anti-trafficking activist. “S3x trafficking happens because a person is mostly vulnerable, they get preyed on by a pimp or trafficker and essentially coerced into the s3x trade with promises of a better life.”
Hawaii the previous week enacted a law that doesn’t go as far as the Maine bill, but some proponents still consider it progress. The legislation removes the statue of limitations for s3x trafficking, a timeframe that was previously six years. It also decouples s3x buyers from people selling s3x; previously, they were conflated and alleged offenders could be found guilty of the same crime.
“This law is really a landmark piece of legislation in that it shifts the ideology,” said Khara Jabola-Carolus, executive director of the Hawaii State Commission on the Status of Women, a statewide feminist agency. “The whole framework is turned on its head — instead of women and LBGTQ people being blamed for prostitution, it sees the issue as women and LGBTQ people being exploited based on their marginalization.”
With the Hawaii law on the books, anticipation is building among supporters of the change for Mills to act in Maine. The state is a trafficking hub: People within Maine are recruited, often from rural areas, and transported to major cities like New York and Boston, according to Nate Walsh, a Maine prosecutor who helped write the legislation.
Throughout his career, Walsh found the threat of prosecution wasn’t the best approach to compelling those brought in on prostitution charges to cooperate with law enforcement. That’s why he began advocating for more compassionate treatment of victims.
“You’re really trying to reduce trauma and reduce harm to these people who are victims,” he said.
Under the bill, soliciting a minor to engage in prostitution would be upgraded from a misdemeanor to a felony. It would also seal records for those convicted of prostitution charges and repeal criminal penalties for trafficking victims, as well as create a working group to explore what services should be provided to survivors.
“We’re trying to make sure that past convictions don’t make life impossible for people who formally engage in this activity mostly for survival up here,” said state Rep. Lois Galgay Reckitt, a Democrat who is the bill’s sponsor.
“I see this bill as a quintessential anti-trafficking bill,” she said. “I think that it will discourage trafficking in the extreme.”
Similar legislation has been introduced in New York, Massachusetts, Connecticut and Louisiana, but so far hasn’t advanced.
Not everyone in Maine is on board. Dee Clarke, a trafficking survivor and founder of local anti-trafficking group Survivor Speak USA, called it a “bad bill.”
“It's more harmful for our youth to do so,” Clarke said of decriminalizing prostitution. “To think the state of Maine has tried to protect youth from being preyed on, exploited and trafficked until the person is 18. Traffickers are cunning and strategic. They will use decriminalization of engaging in prostitution to their advantage.”
The rift within Maine is indicative of the deep divisions among s3x trade groups on the right approach to dealing with the underground network. Some advocates for s3x workers are staunch supporters of full decriminalization of both s3x sellers and buyers, while others may want to keep prostitution penalties in place and focus on offering more help to those in need.
“The s3x trade is very complex,” said Cristiano Eduardo, a survivor and anti-trafficking advocate. “It’s not about hearing one voice, it’s about hearing the whole community.”