UTAH'S MISGUIDED APPROACH TO THE PROBLEM OF SEX TRAFFICKING: A CALL FOR REFORM

Abstract

This Note provides a critique of the amendments to Utah’s sexual solicitation statute, arguing that they represent both bad policy and bad law. This Note argues that not only are the sexual solicitation amendments unconstitutional, but they are a departure from established anti-trafficking goals and a step backward in the fight to end sex trafficking, particularly the sex trafficking of children. Part I of this Note provides background information on prostitution and sex trafficking and details Utah’s historical and current approach to these crimes. Part II analyzes Utah’s amended sexual solicitation statute and argues that it is unconstitutionally overbroad and void for vagueness. This Note argues further that the statute represents poor public policy because it is counterproductive to the fight against sex trafficking and will only exacerbate the problems that it was created to solve. Finally, Part III addresses useful approaches taken by other jurisdictions, including the Federal Trafficking Victims Protection Act (TVPA) and other state legislative efforts to address these problems. This comparison suggests that Utah should implement legal reforms that focus on two key areas: 1) identifying and helping victims, and 2) identifying and punishing traffickers and buyers. This Note concludes that Utah should implement simple reforms and follow the examples of states at the forefront of this fight, for example Washington, New York, and Texas, by enacting comprehensive reforms aimed at eliminating sex trafficking, punishing traffickers, and providing aid to victims.
How to Cite
. UTAH'S MISGUIDED APPROACH TO THE PROBLEM OF SEX TRAFFICKING: A CALL FOR REFORM. Journal of Law and Family Studies, [S.l.], v. 14, n. 2, oct. 2012. Available at: <http://epubs.utah.edu/index.php/jlfs/article/view/784>. Date accessed: 20 nov. 2017.
Section
Notes