Friday, December 30, 2016

The law that prohibits criminal charges against child prostitutes in California is not the same as legalization of child prostitution

I see a lot of outrage in the media and social media about "legalization of child prostitution" in California starting January 1, 2017, calling California legislators - and Governor - names and lamenting the fall in morality that would allow such an abominable thing. 

Finally, I have found a voice of reason in this article, correctly reflecting what kind of law is going into effect on January 1, 2017 and what it actually meansThe article's main point is this:


Victims, not criminals.

The new California law does not make sex with children legal

It only prohibits charging the children with the crime of prostitution or solicitation of prostitution, even if they come forward to seek protection of the government from those who are exploiting them. 

The law, obviously, makes a lot of sense.

First, if a minor cannot give consent for sex, as a matter of law, the minor's consent for sex in exchange for money is invalid, too, and there is nothing to charge THE CHILD for.

Moreover, the law is correctly designated to protect children, so that, if they come forward to disclose their engagement in prostitution, and disclose the name of those adults who are exploiting them, which is already a decision that may put their life in jeopardy, they should not additionally fear that they are confessing to a crime for which they may be charged separately.

Once again, makes a lot of sense.

How will it be carried out practically, is a question though.

The age of majority in California is 18.

Many girls look 18 (physically developed) while they may be 14 or even 13.

And, I doubt that any prostitutes, and especially child prostitutes, exploited by adults, would come out on the streets wearing their true IDs.

So, now police will have to be very attentive to whether a young prostitute may be a minor, ID or no ID - and to check on authenticity on young prostitutes' IDs.

It also means that a child prostitute who is one day away from turning 18 is not chargeable with a crime, while a prostitute who has just turned 18, is already an adult and is chargeable with a crime of prostitution.

It does not make a lot of sense in protecting children, but not protecting WOMEN from being similarly exploited - so, in my view, it makes sense to decriminalize prostitution for adults, too, on the same grounds, safety protection, as it was done for children.

Specifically, as to application of the decriminalization of child prostitution in order to protect children, young women will still be first arrested by the police if they LOOK over 18 - of course, they will have to be let go if they are actually under 18, but there will be some time before that is ascertained, so arrests of minors for prostitution will still happen.

The only thing that will remain the same - unfortunately - is problems with picking up, charging and making charges stick against the "clients" of child prostitutes, and against their pimps.

For charges, a statement and, if the case goes to trial, the testimony by the child prostitute will be required.  And that will potentially put the child's life in danger.  Which is the same situation that exists now.

But, at the very least, the new law will now protect a desperate child who wants to get out of this situation from having to criminalize herself in order to get protection from the government and to have the criminal who has forced her into sex or who bought her sex (without her consent, as a matter of law) held accountable.




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