Prostitution

By: Cynthia Hernandez

Definitions
Maryland Criminal Law Code Ann. 11-301(c) defines prostitution as the performance
of a sexual act, sexual contact, or vaginal intercourse for hire. In its definition, 11-301(c) also
cites Maryland Criminal Law Code Ann. 3-301, which defines sexual act, sexual contact, and
vaginal intercourse. Under Maryland law, sexual act is when two or more parties engage in
any acts other than vaginal intercourse (i.e., analingus, cunnilingus, fellatio, and anal intercourse
or penetration). In addition, a sexual act includes an act (1) in which an object or part of an
individuals body penetrates, however slightly, into another individuals genital opening or anus;
and (2) that can reasonably be construed to be for sexual arousal or gratification, or for the abuse
of either party. However, 3-301(e)(2) states a sexual act does not include vaginal intercourse
or the penetration of an individuals genital opening or anus for a medical purpose. 3-301(f)
defines sexual contact as an intentional touching of the victim or actors genital, anal, or other
intimate area for sexual arousal or gratification, or for the abuse of either party, and it does not
include any expression of familial or friendly affection, nor does it include any act for medical
purposes. Finally, 3-301(g) defines vaginal intercourse as genital copulation, no matter
whether or not semen is emitted. Maryland law also states that vaginal intercourse includes
penetration, however slight, of the vagina.
Under Maryland Criminal Law, the section defining prostitution is listed with related
crimes which are subcategorical to the laws of indecency and obscenity. As such, these related
crimes consist of maintaining a house of prostitution, receiving earnings of a prostitute, the
abduction of a child under 16, and human trafficking. Maryland Criminal Law Code Ann.
11-306 prohibits the crime of house of prostitution, which is defined as when a person
knowingly engages in prostitution or assignation (i.e., when a person makes an appointment or
engagement to participate in the act of prostitution [Md. Criminal Law Code Ann. 3-301(b)])
by any means; occupies a building, structure or conveyance for the purpose of prostitution or
assignation; allows a building, structure, or conveyance under the persons control to be used for
the purpose of prostitution or assignation; allows or agrees for prostitution to take place in a
building, structure, or conveyance; or participates in the hiring or assignation of a prostitute.
Under 11-304, it is also prohibited for any person to receive or acquire money from the
earnings of a prostitute with the intent to promote, benefit from, or conceal the crime of
prostitution. Further, as stated in 11-305, it is prohibited for a person to knowingly (1)
persuade or entice or aid in the persuasion or enticement of an individual under the age of 16
years from the individual's home or from the custody of the individual's parent or guardian and
(2) secrete or harbor or aid in the secreting or harboring of the individual.
Human trafficking is both separate and in conjunction with prostitution because it
involves a different immersion into the toxic environment of committing sexual acts for hire. In
essence, human trafficking is a modern-day form of slavery involving the illegal trade of people
for exploitation or commercial gain (Department of Homeland Security, What Is Human
Trafficking?). In Maryland Criminal Law Code Ann. 11-303, human trafficking is defined
as the prohibition of any person to:
(i) take or cause another to be taken to any place for prostitution;
(ii) place, cause to be placed, or harbor another in any place for prostitution;

(iii) persuade, induce, entice, or encourage another to be taken to or placed in any place
for prostitution;
(iv) receive consideration to procure for or place in a house of prostitution or elsewhere
another with the intent of causing the other to engage in prostitution or assignation;
(v) engage in a device, scheme, or continuing course of conduct intended to cause another
to believe that if the other did not take part in a sexually explicit performance, the other or a third
person would suffer physical restraint or serious physical harm; or
(vi) destroy, conceal, remove, confiscate, or possess an actual or purported passport,
immigration document, or government identification document of another while otherwise
violating or attempting to violate this subsection.
In addition, a parent or guardian who has the responsibility of caring for another may not
consent to the taking or detention of other for prostitution (Md. Code. Ann., 11-303(a)(2)).
The statute also states in 11-303(e) that any person who benefits financially or receives any
benefit from human trafficking, or any person that aides, abets, or conspires with one or more
persons to violate the law, is subject to the same penalties as anyone who commits the actual act
of human trafficking. Finally, 11-303(f) establishes that an offender may not use the lack of
knowledge of the victims age as a defense if they are charged with such an offense.
Prostitution and Human Trafficking: Similarities and Differences
The commercial sex industry is comprised of many different settings, including street
prostitution, brothels, pornography, private homes, and hotels, to name a few (Farley et al. 1011). Due to the secretive nature of prostitution and human trafficking, it is difficult to narrow
down exact statistics for the number of victims who are subject to these acts. Prostitution is a
sexually exploitive and often violent method of economic advancement entered into by mostly
women and children (Farley et al. 4) According to the Prostitution Research & Education
organization, at least 85% of those in prostitution wish to escape it but they have no other means
for survival. At least 70% of victims were forced into the sex industry via human trafficking into
prostitution when they were children (Maryland Coalition Against Sexual Assault, Human
Trafficking and Prostitution). The average rate at which girls first become victims of sex
trafficking in the United States is 12-14 years old, and the age at which transgender youth enter
the sex industry is even younger (Maryland Coalition Against Sexual Assault, Human
Trafficking and Prostitution). Many prostitutes and victims of human trafficking face various
risk factors that make them more likely to enter into the sex industry such as abuse, neglect,
poverty, age, learning disabilities, and lack of a familial support system, and they also often face
financial pressures to make ends meet (Maryland Coalition Against Sexual Assault, Human
Trafficking and Prostitution; Farley & Butler, 3).
The United States Department of Justice released an informational publication in an
article titled The Prostitution of Children. It is important to note that human trafficking and
prostitution have a complex relationship because they are separate yet intertwined. The article
states that federal law does not recognize child prostitution; rather, it deems any child that
engages in prostitution as a victim. Criminals who are commonly referred to as traffickers or
pimps entice, recruit, and capture children to sell them for sex in exchange for cash, goods,
orfavors (United States Department of Justice, The Prostitution of Children). Many of these

children have come from low income families and have faced family abandonment, self-esteem,
and abuse issues, which makes them very vulnerable and an easy target for traffickers. However,
there have been many victims that come from different races and backgrounds. The publication
further describes the types of activities that pimps often participate in to lure the children into
becoming their sex workers:
pimps will make the child victim feel dependent on prostitution for life
necessities and survival. For example, a pimp will lure a child with food, clothes,
attention, friendship, love, and a seemingly safe place to stay. After cultivating a
relationship with a child and engendering a false sense of trust, the pimp will
begin engaging the child in prostitution. It is also common for pimps to isolate
victims by moving them far away from friends and family, altering their physical
appearances, or continuously moving victims to new locations. In many cases,
victims become so hardened by the environment in which they must learn to
survive that they are incapable of leaving the situation on their own.
It has also become especially easy for perpetrators to manipulate children by using
physical, emotional, and psychological abuse, and they often use drugs and alcohol to control
their victims. Technology has also played a pivotal role in making traffickers jobs easier
because it provides them with a convenient means to reach and communicate with their victims.
Children who begin as victims of human trafficking often continue on the path of
prostitution once they reach adulthood to survive. While they wish to leave the profession, many
of them cannot because it is they only way of life they know and they run the risk of being killed
if they escape. Many of these child victims also suffer a number of health problems, including
tuberculosis, depression, malnutrition, physical injuries, and an array of venereal diseases as a
result of their extensive abuse.
Outreach Programs for Human Trafficking and Prostitution in Maryland and Washington, D.C.

Washington, D.C.
Polaris Project: https://polarisproject.org/
The Help Individual Prostitutes Survive (HIPS) Program: http://www.hips.org/
The National Center for Victims of Crime: http://www.victimsofcrime.org/home
Courtneys House: http://www.courtneyshouse.org/
Restoration One Ninety-Nine: http://www.r199.org/
Child Exploitation and Obscenity Section: https://www.justice.gov/criminal-ceos
Project Safe Childhood: https://www.justice.gov/psc
Maryland
The Prince Georges County Human Trafficking Task Force released a publication
detailing their partner organizations they work with to combat human trafficking and
prostitution:
http://www.princegeorgescountymd.gov/sites/HumanRelations/Services/HumanTrafficki
ngTaskForce/Documents/Human%20Trafficking%20Brochure.pdf

References
https://www.dhs.gov/blue-campaign/what-human-trafficking
http://www.prostitutionresearch.com/pdfs/Garden_of_Truth_Final_Project_WEB.pdf
http://www.prostitutionresearch.com/Prostitution%20Quick%20Facts%2012-21-12.pdf
http://www.mcasa.org/_mcasaWeb/wp-content/uploads/2014/02/Human-Trafficking-andProstitution.pdf
http://www.mcasa.org/_mcasaWeb/wp-content/uploads/2011/07/Human-Trafficking2.pdf
https://www.justice.gov/criminal-ceos/prostitution-children