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Diversion Programs Are For Cops

(Photo by Flickr user Javier Morales)

There is significant debate within our sex worker community about whether LEAD (Law Enforcement Assisted Diversion) programming, a pre-booking diversion program for low-level drug and sex work related offenses, is a good or bad thing. The first LEAD program launched in Seattle, Washington in 2011, with private funding from the Ford Foundation, Open Society Foundations, Vital Projects Fund, and several others. This pilot program has been championed by law enforcement and drug reform advocates alike and has since launched in several other cities, with slight regional variations—just this Monday, the Baltimore Sun ran a story about the launch of a three-year pilot LEAD program in that city which Police Commissioner Kevin Davis framed as a response to Baltimore’s proposed police reform agreement with the U.S. Department of Justice. A recent evaluation of LEAD programs, conducted by researchers at the University of Washington, yields seemingly impressive outcomes for the communities they allegedly serve. Indeed, LEAD programming even names “sex workers” and “drug users” as their “consumers”—a rather misleading label for those in state custody, implying agency where there is none. In truth, LEAD programming does not serve sex workers or drug users, or those profiled as such. Rather, LEAD can be understood as a diversionary program for law enforcement officers and should be analyzed under this lens.

Diversionary programs like LEAD represent the co-optation of harm reduction lingo in the service of criminalization masquerading as social services. While we may rejoice at terms like “sex worker” and “people who use drugs” being used by institutions who typically use other, nastier language to describe these populations, the population they are actually talking about is people living in poverty. Programs like LEAD, which claim to provide case management, public housing, and job training, don’t target drug users and sex workers, as most people who do drugs or trade sex have those needs met. Many, if not most, sex workers and drug users have the social and economic capital to get high or make money in private homes, apartments, or rented rooms in areas that are not under constant police surveillance.

So why do poor people, many of whom lack economic capital because of deliberate, targeted U.S. policies, need a diversionary program? They don’t. Cops do.

Many sex workers I have talked with about LEAD think it is a good way to get desperately needed housing or medication or other necessities, things which traditionally fall under the category of “fundamental human rights.” But we must consider what is gained and what is lost when private funders like Open Society Foundation and other progressive grant-makers support programs in which individuals achieve access to fundamental human rights as a consequence of crimes they may or may not have committed.

LEAD reinforces the logic that people who are trading sex or using drugs need intervention from law enforcement, even if that intervention is a “softer” redirect towards social services. Do we? Increasingly, the answer, as supported by research, is a resounding no.

As prohibitive policies against drug use and sex work are repealed and replaced, law enforcement workers are looking for ways to stay relevant in the lives of those they have hunted, abused, and marginalized for the past few decades. The LEAD National Support Bureau, made up largely of law enforcement, publicly acknowledges an “urgent crisis of mass criminalization and incarceration,” and yet advocates for, well, more police. The logic of LEAD is not much different from that of “community policing,” which made strategies like “stop and frisk” and “broken windows” household names, and redirected billions of tax payer dollars to the justice department and away from education, infrastructure, and health care. Advocates of these policies fail to realize that the issues they want to address, like drug use, are hardly a matter of police and community relationships. Rather, the root of these issues lies in the systematic disenfranchisement of targeted communities.

602 Imaginary Prostitutes Were Arrested in Alaska Three Years Ago

(Screenshot of "Alaska State Troopers, VIce Squad"—a cop wipes a arrestee's hand after she's touched an undercover officer)
(Screenshot of Alaska State Troopers, Season 2, Episode 12: “Vice Squad”—a cop wipes an arrestee’s hand after she’s touched an undercover officer)

In the FBI’s 2013 Uniform Crime Report, released in November 2014, Alaska reported 648 prostitution arrests: 1 juvenile and 647 adults. This number is up from 38 arrests in 2012 and 69 in 2011. How could prostitution arrests have jumped so much in just one year?

They didn’t. Alaska maintains a report entitled Crime In Alaska, based on the same numbers that are submitted to the FBI for the Uniform Crime Report. In Crime In Alaska 2013, released in 2014, the state reports only 46 prostitution arrests in 2013: 22 sellers and 24 buyers of sex. This number seems correct: the Anchorage Police Department reported 41 prostitution arrests, and the state made five prostitution charges in 2013. Stephen Fischer, an FBI spokesman, explained that the issue was caused by “an error for entering data.”

Just what kind of trouble can 602 imaginary prostitutes created by a typo by the FBI cause?

What The Rentboy Raid Tells Us About The Gendered Rhetoric Of Trafficking

A recent Renboy.com screenshot, before the raid.
A recent Rentboy.com screenshot, before the raid.

Tuesday morning, Homeland Security and Brooklyn police raided the offices of Rentboy.com, arresting its CEO and several current and former workers, seizing six bank accounts, and freezing the website in what the U.S. Department of Justice’s press release bragged was a raid on the “largest online male escort service.”

Coming right on the heels of Amnesty International’s controversial and much talked about decriminalization policy, the raid was a shock to many in the sex work world. Law enforcement agencies appear to be turning their eyes on sex work advertising services in North America, from the crackdowns on Backpage and Redbook, to Canada’s new anti-sex work law—the Protecting Communities and Exploited Persons Act—which includes provisions banning the advertisement of sexual services.

According to the release, it took a crack team of detectives and the assistance of the Drug Enforcement Administration’s Field Office to work out that despite Rentboy.com’s claim that the site only facilitated companionship, it was actually advertising sex. “As alleged, Rentboy.com profited from the promotion of prostitution despite their claim that their advertisements were not for sexual services,” said New York Police Commissioner Wiliam Bratton in the press release.

Reading the press release, I was immediately struck by its use of rhetoric. Unlike official statements around the crackdowns on Backpage and similar services that are known primarily for advertising cis women sex workers, no mention is made of Rentboy aiding the nefarious work of sex traffickers. As well, unlike in most sex work raids, no mention is made of anti-trafficking organizations reaching out to supposed “victims.” It is a loud and curious omission given that police find it impossible to talk about sex work at all these days without discussing trafficking.

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.

Top 10 Anti-Sex Work Billboards

Have you heard that SWAAY has an Epic Step campaign to create the first sex workers’ rights billboard in America? Epic Step is like the Kickstarter of billboards, so they need your donations in order to make this happen. Just look at how many anti-sex work billboards there are.

10. I feel like twitter is to blame for anything starting with “Dear,” including “Dear John” billboards in and surrounding Chicago, IL. “Dear Starbucks,” “Dear Netflix,” “Dear rain,” “Dear Man Soliciting Sex, We’re watching you in your sleep. Love, Chicago PD.”

photo by Chuck Berman via Chicago Tribune