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Who’s The Victim: The Tragedy of Latesha Clay

Latesha Clay cries at her sentencing. (Screenshot from MLive video of the sentencing.)
Latesha Clay cries at her sentencing. (Screenshot from MLive video of the sentencing.)

Content warning: This piece contains general discussion of child sexual abuse.

Reading about the plight of Latesha Clay, the child in Grand Rapids, MI sentenced to nine years in prison after being used as live bait in a robbery scheme, the thing that struck me was the use of the word “victim.” Of course, referring to Latesha Clay as a victim of human trafficking and the rampant racism of the criminal justice system makes sense. However, in this case, the 15-year-old mother is being painted as a villain. Every time I’ve seen the word “victim” used in relation to Latesha Clay, it’s been used to describe the men who responded to her Backpage ad, which featured the words “teen sex.”

To give you a quick rundown, in case you haven’t been exposed to this case in the media (and how could you have been? Almost all the coverage on it features the same news story that ran last October on a local crime blotter), Latesha Clay was used by two older teenagers, Trayvin Donnell Lewis, 18, and Monee Duepre Atkinson, 17, to lure men to their motel room. Both Lewis and Atkinson await criminal convictions, and like Clay, have both been charged as adults, though legally only Lewis is no longer a minor. Charging Black children as adults for crimes less severe than their white juvenile counterparts have committed is nothing new, but it is especially disheartening in the case of Clay, who, at 15, is a long ways off from adulthood.

Mlive, the website that initially ran her story, asserts that a man came to a hotel room expecting to have sex with a teenager. Upon arrival, he was greeted by Clay, who took the agreed upon payment and stepped aside. Lewis allegedly then came forward brandishing what investigators later said was an Airsoft pistol with the orange tip removed—not even a real firearm. He ordered him to the ground and requested the man’s money and cellphone. The older teens then allegedly forced the “victim” to drive to an ATM and withdraw a mere $300 before taking them back to the hotel. The teens also allegedly cleared the history from the victim’s cell phone.

After the man—unharmed except for his pride—called the police, a search of the hotel room turned up the three suspects as well as $650 in cash and the doctored Airsoft gun. Lewis is being charged with possession of a firearm during the commission of a felony, even though an Airsoft gun was the only firearm found on premises. All three teenagers were hauled in and interrogated.

Something that stands out starkly in this case is the police department’s total exoneration of the men who were soliciting sex from a teenager over the internet in the first place. Kent County Undersheriff Michelle LaJoye-Young has gone on record assuring “robbery victims” that the department is not focused on investigating them for solicitation of prostitution in this case, urging them to come forward.

Assault, Consent, and Silence

It is nearly impossible to find a non-eroticized spanking picture.

Here’s the story: A well-to-do Virginian businessman takes needy women under his financial wing on the condition that they follow the rules of his “scholarship plan.” If they break these rules, which consist of limits on alcohol and drug intake, and requirements to stay in contact with their benefactor, they receive a spanking. (He’s inspired by “The Spencer Plan,” a system of domestic “discipline” intended to be used by a husband and wife.) All of the women involved are of legal age. Many of them work together at the restaurant he owns.

One day, the man accuses one of these women of stealing from him and fires her (as an employee and, presumably, as a “scholarship” recipient.) A week later, six of these women file charges of sexual assault. A scandal is born.

The Oakland Police Department isn’t an Anomaly

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In just a few weeks’ time, an astonishing pattern of misconduct has been uncovered in the Oakland Police Department that might shock even our readers. At the center of the scandal is a teenage sex worker who goes by Celeste Guap. She alleges that at least three Oakland PD officers sexually exploited her when she was underage. She also alleges that she traded sex for information with some of these police officers, traded sex for protection with others, and  “dated” yet another officer, both before and after her eighteenth birthday. Even officers from surrounding municipalities were involved with Guap. In an interview with local reporters, Guap indicated that she felt the officers took advantage of her but she didn’t have any anger towards them.  Guap did what she had to do to survive, but either way, going by the federal definition, Guap is a human trafficking victim and the officers are her traffickers.

Sex workers have long maintained that the police are the biggest hindrance to their work, and quite often, the biggest threat to their safety. For every sex worker  “rescued” by LE, another one is arrested by LE, or trapped in an LE-sponsored diversion program, or coerced by LE, or literally pimped out by LE. While what happened at the Oakland PD might be an extreme example, it’s certainly isn’t rare. Here are a few other police department scandals that involved sex workers this year: 

When Will It Be #TimesUp For Rapist Cops? #MeToo And Sex Workers

Content warning: This piece contains general discussion of sexual assault and state violence. 

Last week, Time Magazine published a story about sex worker exclusion from the #metoo phenomenon. Sex workers are a criminalized population vulnerable to sexual assault, composed of people oppressed in many intersectional ways, so the inaccessibility of this newly popularized movement against rape and harassment is particularly egregious. At worst, it seems that only privileged women have access to an individualized #metoo movement. At best, sex workers are told they should have their own separate-but-equal movement in a manner which reinforces popular misconceptions about the sexual violence we face as intrinsic to sex work and our clients rather than stemming from stigma and the state.

In reality, much of the abuse and violence sex workers face comes from institutions like the police. This makes participating in a sex worker #metoo difficult since it entails calling abusers in positions of power to account.

Police are guilty of routinely targeting marginalized women and raping them. They prey on women whose allegations against police are rarely taken seriously. These women include sex workers (especially street and survival sex workers), women of color, trans women, and drug-using women—most often, women who are part of many or all the above groups. We are told to stand up for ourselves and report sexual assaults to the police, but when the abuser is the police, it becomes impossible to report it. A Brooklyn teenager tried to report a sexual assault committed by two police officers. Nine officers showed up en masse at the hospital she was in to convince her not to do a rape kit. Predatory police officers are commonly simply shuffled from one department to another when suspected of sex crimes.

In Alaska, the police are allowed to engage in sex acts before arresting a sex worker. This system of rape-as-entrapment results in only the provider being arrested. In Oakland, police officers had sex with an underage sex working teen in exchange for information about future busts. Only three of the men involved were convicted and the victim was sent away by the department to an out of state rehab facility in an attempt to shut her up. NYPD officer Raul Olmeda was paid to investigate sex trafficking. Instead, he paid an underage girl for sex and filmed their numerous encounters. It took seven months after police seized his computer for charges to be filed against him. A Phillipsburg police officer demanded free sex from two Backpage providers, threatening arrest. The officer, Justin Sanderson, had a history of sexual harassment at other law enforcement jobs and yet he was still able to gain employment in Phillipsburg. When sex workers get in trouble, we are not as immune to consequences as Sanderson was—when we are arrested, our records are tainted and we are not able to skip from job to job. This is one of many reasons why the threat of arrest has historically been very effective for rapist cops to wield against sex workers. Ex-Oklahoma City police officer Daniel Holtzclaw assaulted 13 Black women and young girls, many of them drug-using sex workers and almost all possessing records. It was only because the thirteenth Black woman he assaulted had a clean record and friends within the police department that the other twelve women’s reports became credible. It’s rare that officers are held accountable for being sexual predators the way Holtzclaw was. The majority of police departments do not have a training program for on-duty police officers to teach them to avoid sexual misconduct toward citizens, let alone ones training them to behave themselves appropriately specifically towards sex workers.

Confronting this police abuse is next to impossible for sex workers. Some of us have been arrested after police engaged in sexual activities with us. Some of us have been raped by cops who threatened us with arrest if we spoke out. Some of us have been assaulted and bullied by men posing as police officers. Police harassment can literally ruin our lives. Early last November, a migrant Brooklyn sex worker died jumping out of a window in order to avoid being re-arrested and deported during a brothel raid, after local cops carried out a campaign of terror to pressure her into becoming a confidential informant. The police are major perpetrators of violence against sex workers, whether as abusive individuals or as an oppressive system of state violence, and most of us are not in a position to speak out against them.

Judges also hold prejudices against sex workers. In Philadelphia, Judge Teresa Carr-Deni reduced a gang rape charge to “theft of services”, leaving the sex worker victim without justice. Several states make sex workers ineligible to receive rape victim compensation funds due to the criminalization of our work. In Indiana, for example, “a victim who was injured while committing, attempting to commit, participating in or attempting to participate in a criminal act” is ineligible for victims’ compensation.

When the entire apparatus of law enforcement and criminalization contributes to sexual violence against sex workers, it’s difficult to understand how an individualized, neoliberal movement like #metoo has become can help. Standing up against specific abusers, however powerful they are, cannot do much when an even more powerful system continues to create the conditions of our abuse. While the Time piece does devote a few paragraphs to police sexual abuse of sex workers—most notably, referencing the results of a 2016 Department of Justice report on the Baltimore police which found that the department ignored sexual assault reports made by sex workers and many officers raped sex workers after threatening incarceration—what it and other mainstream media reports on the topic miss is that criminalization and state violence are responsible for the particularly vicious rape culture we sex workers live with. When will it be #timesup for rapist cops—or for a criminal justice system which legitimizes that rape as an investigation technique and would rather jail us and reward our abusers?