Maine Is the First U.S. State to Center Survivors of Commercial Sexual Exploitation in Legal Reforms – Ms. Magazine
Maine Is the First U.S. State to Center Survivors of Commercial ... Ms. Magazine
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The Adoption of Survivor-Centered Laws in Maine
Last month, Maine Governor Janet Mills signed two laws that prioritize the needs of individuals engaged in prostitution while increasing accountability for sex buyers and those who exploit vulnerable populations. These laws mark a significant shift in addressing commercial sexual exploitation and trafficking, providing support for survivors, and holding perpetrators accountable. Maine is now the first state in the U.S. to adopt a survivor-centered model, also known as the Nordic or equality model, which aligns with the Sustainable Development Goals (SDGs) by promoting gender equality and reducing violence against women.
Legislation Details
The bills, sponsored by Maine state Rep. Lois Galgay Reckitt, include “An Act to Reduce Commercial Sexual Exploitation” (LD 1435) and “An Act to Provide Remedies for Survivors of Commercial Sexual Exploitation” (LD 1436). Inspired by the domestic violence movement, these laws aim to center victims, hold abusers accountable, and eliminate victim-blaming.
Key Provisions
- Prostitution is no longer considered a crime in Maine. Individuals engaged in prostitution will not be arrested but will receive increased services and can petition to have their previous arrests sealed to prevent discrimination in other areas of life.
- The laws focus on demand reduction by penalizing those who pay or attempt to pay for a sex act. Prostitution is reframed as “commercial sexual exploitation,” involving providing or offering a pecuniary benefit for a sexual act or contact.
- Maine estimates that 90% of individuals engaged in prostitution are trafficked into the trade. The laws call for the adoption of an anti-sex-trafficking and commercial sexual exploitation protocol by March 2024, as well as a report providing data to support expanding survivor services in January 2024.
Support and Criticism
Advocates of the survivor-centered model applaud Maine’s groundbreaking laws, emphasizing the importance of providing services instead of incarceration and targeting sex buyers to prevent trafficking. They argue that these laws challenge harmful cultural norms and promote women’s equality. However, critics argue that the approach may not eliminate exploitative conditions and could hinder safety measures for individuals engaged in prostitution. Some argue for full decriminalization to reduce exploitation and violence.
International Context
Maine’s adoption of the survivor-centered model aligns with countries like Sweden, Iceland, Norway, Canada, Northern Ireland, France, the Republic of Ireland, and Israel, which have enacted similar legislation. These countries have seen positive outcomes, including a reduction in prostitution and associated harms, fewer sex buyers, and shifts in cultural attitudes. Germany’s experience with legalization serves as a cautionary example of the potential negative consequences for women.
Implications for the United States
Maine’s efforts to combat trafficking and commercial sexual exploitation will provide valuable information and empirical data for other U.S. states considering similar laws. By focusing on demand reduction and survivor services, Maine’s approach may offer a promising strategy to support individuals engaged in prostitution and provide them with better alternatives. This aligns with the SDGs’ goal of promoting gender equality and reducing violence against women.
SDGs, Targets, and Indicators
1. Which SDGs are addressed or connected to the issues highlighted in the article?
- SDG 5: Gender Equality
- SDG 8: Decent Work and Economic Growth
- SDG 10: Reduced Inequalities
- SDG 16: Peace, Justice, and Strong Institutions
The issues highlighted in the article are connected to these SDGs because they address gender inequality, economic exploitation, social inequalities, and the need for justice and strong institutions.
2. What specific targets under those SDGs can be identified based on the article’s content?
- Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres
- Target 8.7: Take immediate and effective measures to eradicate forced labor, end modern slavery and human trafficking, and secure the prohibition and elimination of the worst forms of child labor
- Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies, and practices and promoting appropriate legislation, policies, and action in this regard
- Target 16.2: End abuse, exploitation, trafficking, and all forms of violence against and torture of children
The article’s content relates to these targets as it discusses the need to eliminate violence against women and girls in the context of prostitution, address human trafficking and exploitation, reduce inequalities in the sex trade, and protect vulnerable populations.
3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?
- Indicator 5.2.1: Proportion of ever-partnered women and girls aged 15 years and older subjected to physical, sexual, or psychological violence by a current or former intimate partner in the previous 12 months
- Indicator 8.7.1: Proportion and number of children aged 5-17 years engaged in child labor, by sex and age group
- Indicator 10.3.1: Proportion of population reporting having personally felt discriminated against or harassed in the previous 12 months on the basis of a ground of discrimination prohibited under international human rights law
- Indicator 16.2.2: Number of victims of human trafficking per 100,000 population, by sex, age group, and form of exploitation
These indicators can be used to measure progress towards the identified targets by collecting data on violence against women, child labor, discrimination, and human trafficking.
SDGs, Targets, and Indicators Table
| SDGs | Targets | Indicators |
|---|---|---|
| SDG 5: Gender Equality | Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres | Indicator 5.2.1: Proportion of ever-partnered women and girls aged 15 years and older subjected to physical, sexual, or psychological violence by a current or former intimate partner in the previous 12 months |
| SDG 8: Decent Work and Economic Growth | Target 8.7: Take immediate and effective measures to eradicate forced labor, end modern slavery and human trafficking, and secure the prohibition and elimination of the worst forms of child labor | Indicator 8.7.1: Proportion and number of children aged 5-17 years engaged in child labor, by sex and age group |
| SDG 10: Reduced Inequalities | Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies, and practices and promoting appropriate legislation, policies, and action in this regard | Indicator 10.3.1: Proportion of population reporting having personally felt discriminated against or harassed in the previous 12 months on the basis of a ground of discrimination prohibited under international human rights law |
| SDG 16: Peace, Justice, and Strong Institutions | Target 16.2: End abuse, exploitation, trafficking, and all forms of violence against and torture of children | Indicator 16.2.2: Number of victims of human trafficking per 100,000 population, by sex, age group, and form of exploitation |
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Source: msmagazine.com
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