A Quick Note: Trafficking and Prostitution are Not the Same Thing

Prostitution is a person selling sexual services of their own free will.  Trafficking is a form of kidnapping and slavery, when someone is forced to provide sexual services by someone with power over them.

All or even most prostitution is not trafficking, but many in the media and political sphere use these two a synonyms.  I have seen it all week surround the Robert Kraft bust for seeking a private happy ending even before his team played in the Superbowl.   I see this as a victory of traditionally anti-prostitution folks on the Right who have found a way to take advantage of a division on the Left, and specifically a division within feminism, to rebrand prostitution and bring some folks on the Left over to their side.

I am not an expert on feminist politics, but what I do know is the prostitution has created a divide among feminists.  You remember the old abortion chant that feminists wanted the government to keep its laws off their body?  That what a woman did with her body was an eminently private affair and should not be subject to government regulations?  Well, feminists who followed up on this thought in a consistent manner generally supported legalization of prostitution.  Bans on prostitution were seen by these folks as just another example of the male-dominated system limiting women's choices and ability to make money the way they choose.

On the other side more modern feminists see everything through the prism of male power over women.  This is the "all sex is rape" group and for them prostitution has nothing to do with women's free will and everything to do with yet another channel through which men objectify and dehumanize women.  From here it's only a small step to thinking that all prostitution is slavery.  And thus by attempting to rebrand prostitution as trafficking, the Right found new allies on the Left in their campaign against sex work.

Those who read me a lot know I come down on the side of women being able to exercise choice, and I think the only real dehumanizing going on is the denial by modern feminists of any agency among most women.

But real abusive trafficking certainly exists.  How much of prostitution fits this category is impossible to really know as a layman because the media and activists do so much to blur the line in their reporting.  But I will say this:  To the extent trafficking exists, it is not enabled by society somehow being soft on prostitution, in fact it is enabled by the opposite.  By making prostitution illegal, we give unscrupulous people leverage to abuse those in sex work.  Women being abused by men at, say, Wal-Mart have many legal outlets to air their grievances and seek change or compensation -- no one talks about trafficking in Wal-Mart greeters.  But abused sex workers cannot go to the legal system for redress of abuse because they themselves are treated as criminals in the system.  Contributing to this is our restrictionism on immigration.  This is why many real trafficking cases revolve around the abuse of immigrant women, because abusers know these victims have not one but two impediments to seeking legal help.

For a short time 5-10 years ago I thought we might be near a breakthrough in softening the penalties on women voluntarily seeking to make a living through sex work.  Now, my optimism has dimmed.  The success the Right has had in enlisting parts of the Left in rebranding all prostitution as slavery has polluted discourse on this issue and means a lot of women will still be left outside the law.