Archive for the ‘Oregon’ Category

The myth that Portland is a sex trafficking mecca

Sunday, January 16th, 2011

When I’m scanning the search engines for prostitution news, there will always be certain hotbeds of activity on the part of the anti-prostitution groups. There is no end to the localities in the U.S. that seem to lay claim to being the trafficking capitol of the U.S. I’ve posted about at least one of these, but it’s become so common that it normally doesn’t get my attention anymore.    The typical news item is an interview of a spokesman for some rescue organization by a local reporter.  Rarely do any reporters challenge what the rescue groups claim nor do they interview anyone who opposes the anti-prostitution agenda.  Essentially, when rescue groups descend on a city, the mainstream press just passes on the their propaganda verbatim.

Portland is regularly one of those cities that is reported as being a major center for sex trafficking.  A search on Google for Portland and trafficking and hub yields over 60,000 links.  When you add children to the search term, it’s still 48,000.  Sex trafficking is one of those trendy sensationalistic stories that the news media love, true or not.

But now that claim has been questioned.  As stated so succinctly by international sex trafficking authority, Laura Agustin:

With cameras rolling on 82nd Avenue last year, Dan Rather dubbed the city “Pornland” in a documentary. “Nightline” declared Portland the “epicenter for child prostitution,” and “World News With Diane Sawyer” called the city a “hotbed of sex trafficking.” But as hundreds gather in Portland this weekend for the third-annual Northwest Conference Against Trafficking, with talks by U.S. Sen. Ron Wyden and actress Daryl Hannah, an examination by The Oregonian reveals that no one really knows if the problem in Portland is any worse than anywhere else.

In her piece in the Oregonian, Nikole Hannah-Jones does what is unheard of in the mainstream media when it comes to rescue industry claims.  She questions the statistics, uncovering their utter lack of credibility.

That raises perhaps the most frequently cited number around child sex trafficking — that 200,000 to 300,000 U.S. youths are at risk of sexual exploitation. The U.S. Department of Justice lists the number on its website. Local law enforcement agencies, McKeel’s office and others have repeated it, and everyone from UNICEF, CNN, The Oregonian and the National Center for Missing & Exploited Children have printed it.

The figure is problematic on two fronts. One, advocates often cite it as the number of children in the sex trade — not just the number at risk of sexual exploitation. Worse, the figure is based on faulty statistics from a 2001 University of Pennsylvania study by Richard Estes and Neil Weiner.

The study took data from an earlier study by Finkelhor, the University of New Hampshire researcher, that counted the number of runaway youths. The Pennsylvania study’s authors then came up with a percentage of these kids they believed to be at risk of sexual exploitation of any kind based on interviews with fewer than 300 teens. It was, Finkelhor said, a guess.

This study is also the source for another commonly cited statistic — that the average age that a child enters prostitution is 12 to 14. Finkelhor has created a fact sheet disputing these and other false child prostitution figures.

I have challenged that “average age of entry” figure here and here.

From what I’ve seen, including comments made on this site, the rescue industry continues to repeat their claims, even knowing they are wrong.  While freely using the inflated figures to rouse public opinion and stimulate funding and donations, when confronted with the fact that their claims are false, some in rescue industry  simply say that the statistics are unimportant because even one child is too many.

Nikole Hannah-Jones deserves a pat on the back for her thoughtful article.  She has no doubt incurred the wrath of Portland’s anti-prostitution crusaders, but she has done great honor to her profession and her newspaper for taking time to investigate.

9th Circuit throws out Oregon Obscenity Law

Tuesday, September 21st, 2010

According to OPB News, the U.S. Ninth Circuit Court of Appeals has ruled that an Oregon law that prohibits giving children sexually oriented materials is unconstitutional.

The law was intended to give prosecutors better tools to pursue sexual predators.  It made it illegal to distribute some sexually-oriented materials to minors.

The law held penalties for anyone who gave kids explicit materials.

The law was challenged by “booksellers, health educators, and comic book publishers” as well as the ACLU.

When the argument was made that there may be legitimate reasons for showing explicit materials to children, the state countered that prosecutors would not bring charges in such cases.

No, really.  I’m being serious here.  The government’s argument was basically that laws nullifying the First Amendment are fine because prosecutors would be careful not to use them against protected speech.

If it were up to politicians, I’m pretty certain that the Constitution would be abolished as an annoyance.

Arrested because you might possibly maybe be thinking of committing a victimless crime

Tuesday, August 31st, 2010

The Crime Report has an interesting story about New York’s law against “loitering for the purpose of engaging in a prostitution offense”.

And that was pretty much it. The officer didn’t hear her say anything; nor did he ask any of the men he saw her talking to what she had said. That didn’t faze the assistant district attorney, who attempted to get condoms found in the defendant’s purse admitted as evidence.

Of course, prostitution has migrated from the street to the internet:

Before the Internet, vice cops had it relatively easy. Most cities had specific areas known for street prostitution where undercover officers posing as johns could chat up a lady, strike a deal to pay for a sex act, and then pull out the cuffs. But in the last decade, the oldest profession has “gone high-tech,” says Jaime Ayala, Deputy Chief of Police in Arlington, Texas.

Gee, one would think that getting it off the street would be a good thing…

And then there’s the obligatory reference to Craig’s List.  Of course, no one really knows how many women and children are actually victimized by Craig’s List, but you can be certain it’s “a lot”.

Anyone who has perused the adult sections of Craigslist or Backpage knows that men and women (and boys and girls) advertise their sexual services online. What this means for police is a lot more legwork. At the same time, a rise in awareness about the ugly world of human trafficking, where women from abroad—and, in some cases, American children—are held hostage in brothels disguised as massage parlors, has shifted law enforcement focus and resources away from traditional vice work, according to many attorneys.

These days, most vice work is simply tricking someone into committing a “crime”.   Pardon my skepticism that the internet makes it more difficult for cops to arrest prostitutes.  If anything, it makes it easy to set up a sting without even having to leave the office until you’re ready to spring the trap.

The Prostitution Free Zone is a novel idea that codifies the crime of “being in the wrong place at the wrong time” by permitting cops to arrest anyone with a prior record of prostitution who happen to be in the PFZ.

Washington, D.C. also created PFZs in 2006.  But, according to Professor John Copacino of the Georgetown University Criminal Justice Clinic, the district “gets around the constitutionality” by making the zones temporary: they can be in effect for just 10 days at a time. Portions of the district’s downtown area were declared PFZs during the inauguration of Barack Obama in January 2009.

I guess it’s ok to suspend people’s Constitutional rights if it’s only in ten day chunks.  And then there are the folks who just want to get laid without having to ante up the cash:

Georgetown’s Copacino also sees problems. Standing around, even propositioning potential (non-paying) sexual partners while wearing a short skirt and stilettos, is not illegal. “You can’t criminalize normal behavior, ” says Copacino.

It gets worse:

The problem, says [Portland defense attorney Elizabeth Wakefield], is that the city is now issuing many of these charges as violations rather than crimes, which under Oregon law means that the defendants don’t qualify for court-appointed counsel who could encourage them to challenge the arrest.

Poor people = fair game.

Government with nothing better to do…

Friday, August 6th, 2010

We wonder why states spend so much time and money chasing after adults who voluntarily and privately exchange sex for money instead of focusing on real crimes with real victims like robbery, murder, and rape.   Is it just because they have nothing better to do?

Well, Oregon has taken the misallocation of resources to a whole new level in shutting down a lemonade stand operated by seven year old Julie Murphy for not having first purchased a $120 temporary restaurant license.

According to oregonlive.com:

After 20 minutes, a “lady with a clipboard” came over and asked for their license. When [Julie's mother] explained they didn’t have one, the woman told them they would need to leave or possibly face a $500 fine.

The woman was one of two county health inspectors involved in the confrontation.

Kawaguchi, who oversees the two county inspectors involved, said they must be fair and consistent in their monitoring, no matter the age of the person. “Our role is to protect the public,” he said.

Probably not.  Licensing is almost universally instituted as a means to keep out competition, protecting incumbent merchants.  As is the case with much legislation, it’s simply dressed up to look like it’s being done to “protect the public”.  Licensing, by reducing competition, actually hurts the public.

My guess is that another vendor complained and the state sent a couple of goons over to collect protection money from seven year old Julie Murphy.

[Update] The county has apparently now apologized for the incident.  The moral of the story is that government is ore likely to serve the  public when that public threatens to take them out behind the barn and pummel them into a gooey gelatinous glob of bone fragments and shredded flesh.

Is giving someone the finger obscene?

Tuesday, March 9th, 2010

I’ve been seeing a lot of this discussion in the news lately, mostly in regard to a guy who is suing the cops in Portland for harassing him for flipping them off.

But other people like to use the middle finger, too.

Accidentally prosecuted and convicted of felony sex abuse

Monday, February 8th, 2010

When Richard Lee Simmons was 18, he had sex with his 15 year old girl friend.  The state of Oregon brought him before the grand jury, prosecuted him, and convicted him.  The only problem is that the grand jury never indicted him.  Everyone just assumed they came back with an indictment.

To make up for the error, the judge threw out the felony conviction and the prosecutor then brought a misdemeanor sex charge (which doesn’t need a grand jury).  Prosecutors don’t take kindly to grand juries that refuse to indict their ham sandwiches.

And now University of Oregon Law School graduate Steve Richkind is seeking to bring a $3.5 million civil rights suit against the state.

To botch the first prosecution and follow it with a second over the same conduct constitutes double jeopardy, “shocks the conscience” and “violates a universal sense of justice,” Richkind argues.

Having exhausted his options in the state courts and having lost at the federal district level, it will be interesting to see if he prevails with the Ninth Circuit.