Unfortunately, much of the energy channeled into combating this horrendous practice continues to be absorbed by the ongoing debate over consent. Some argue for an irrefutable presumption of invalidity to any agreement to engage in prostitution and other forms of sex work, based on the exploitative nature of the job. Others support this stance by viewing agreements to work as a sex provider as the result of economic coercion or abuse of the economic vulnerability of the individual. Those who stand on the opposing side of the debate believe that women can voluntarily agree to be sex workers and that their choice should be recognized.
Unlike the case with women, consensus does exist as to the
inability of a minor to give valid consent to sexual exploitation. Even
this certainty, however, is loosened by the differing ages of majority
and social conceptions of when a child becomes an adult around the
world.
Many governments are reluctant to acknowledge the existence
of sexual servitude and trafficking in their countries. Other nations
avoid the subject so as not to embarrass countries where the practice is
significant, yet untreated. In countries where prostitution is legal or
tolerated, sex trafficking is hidden by a pervasive assumption that all
prostitution is consensual sex for money. As a result, sexual servitude
is given the appearance of legitimacy.
A lack of concerted attention and response to trafficking
around the world has occurred for several reasons.
Among them are the following:
First, victims rarely denounce traffickers. Trafficked persons
are held in locations far from any support networks, often have their
identification papers and travel documents withheld, and may be
threatened by their keepers. In addition, traffickers have power over
their victims because in many instances they are from the same country
of origin and have the capability of threatening or harming members of
the victim's family.
Second, trafficked women and children often are from the
lowest economic and social strata of their societies, and their families
have neither the economic nor the political capability of bringing about
pressure on public authorities to try to save their loved ones from this
terrible fate. In some societies, it is in fact poverty that drives families
to sell their children into what they frequently believe are legitimate
jobs.
Third, national laws, policies, and practices have engendered a
series of disincentives against aggressively combating trafficking.
Most national criminal laws are inadequate to deal with this
contemporary phenomenon. Even when such laws are sufficient,
policy considerations make it difficult to reach the traffickers,
exploiters, and pimps. Law enforcement and prosecutorial authorities
in most countries place prostitution at the lowest end of their
enforcement priorities.
Corruption of law enforcement and
immigration officials also contributes to the lack of investigation and
prosecution. Furthermore, many of these victims may be in need of
medical and social services which states are reluctant to provide.
Finally, economic, racial, and gender prejudices are the
unarticulated premise for the neglectful way in which national laws and
policies respond to this widespread criminal phenomenon. This is
particularly true in developing and least developed countries, where
women and children are generally the weakest members of society.