Buying Underage Sex Is Equal to Trafficking; the Justice System Should Treat It as Such
Buying Underage Sex Is Equal to Trafficking; the Justice System Should Treat It as Such

In September 2024, California Gov. Gavin Newsom signed Senate Bill 1414 into law, making it a serious felony to purchase sex from a minor under the age of 16. While this is a step forward, it’s not enough to protect survivors and hold perpetrators accountable. The reality is that the demand created by buyers fuels the entire sex trafficking industry—and until buyers are held accountable in a more meaningful way, we will continue to fight an uphill battle against trafficking.

North Carolina took a more decisive step by becoming just the second state in the nation to make sex buying a felony regardless of whether the victim is a minor or an adult, a law that went into effect on December 1, 2024. The language of the law—which makes it a felony to “solicit another for the purpose of prostitution”—is significant. "Solicit" refers specifically to the buyer, not the seller. This differentiation is important to protecting victims of trafficking. North Carolina’s decision follows Texas, which in 2021 became the first state to elevate sex buying to a felony.

North Carolina’s law also mandates that all hotel and motel employees complete biannual training to recognize the signs of human trafficking, and failure to do so is a misdemeanor. This requirement is another acknowledgment of the role the hospitality industry often plays—either knowingly or unknowingly—in enabling trafficking.

Such laws are necessary because hotels and motels often provide traffickers with the anonymity and location needed to facilitate their operations. Managers, housekeepers, front desk staff, and maintenance workers are on the front lines of spotting the red flags, such as frequent requests for new linens, cash payments, extended stays with limited luggage, or a parade of visitors to a single room.

By mandating regular training, North Carolina aims to equip employees with the knowledge to identify these warning signs and intervene appropriately, potentially disrupting trafficking networks and protecting vulnerable individuals.

Why Misdemeanor Penalties for Buyers Fall Short

In states like California, where purchasing sex is still classified as a misdemeanor (unless it involves a minor under 16), law enforcement has little incentive to pursue buyers. The penalties simply aren’t severe enough to justify the resources needed for investigations and prosecutions. This lack of accountability allows buyers to act with impunity, perpetuating a cycle of exploitation.

Buyers are not just passive participants in sex trafficking; they are integral to the venture. If there were no buyers, there would be no market for trafficked individuals. Moreover, buyers frequently inflict physical harm on victims, subjecting them to violence and abuse to satisfy their own cruel and immoral desires. Each time a buyer engages in these acts, they are actively engaging  in the rape, exploitation, and trauma of trafficking victims.

Buyers Are Traffickers—They Must Be Treated Accordingly

To dismantle the trafficking industry, we need to acknowledge that buyers are as culpable as those who profit from selling victims. Buyers are traffickers, and every transaction they initiate fuels the demand that traffickers exploit. Therefore, all buyers must face harsher penalties than many states currently have, including felony charges, to reflect the gravity of their crimes.

Increasing penalties isn’t just about justice for victims; it’s about deterrence. When buyers know they face the lasting stigma of a felony conviction, they are far less likely to offend. The prospect of being labeled a felon, losing employment, or being ostracized by family and friends is both a powerful deterrent and fair punishment for perpetrating such conduct.

The sex trafficking industry operates on the basic principles of supply and demand. By increasing penalties, enforcing public accountability, and ensuring buyers face real consequences, we can reduce demand. A drop in demand will lead to a corresponding drop in supply—meaning fewer victims are exploited and fewer lives are destroyed.

End the Protection of Buyer Identities

Currently, unless a buyer is a high-profile individual, their identity is often shielded from the public. This practice protects buyers from the very stigma that could deter future offenses. If we are serious about reducing demand, we need to strip away this protection. Every buyer who is charged and convicted should face the possibility of public exposure. They need to know that their actions won’t be hidden, that their employers, families, and communities will know the truth.

Public accountability is crucial. Just as we name and shame other criminals to prevent recidivism, we must apply the same standard to those who buy sex. This transparency can serve as a deterrent, making potential buyers think twice before engaging in exploitation.

Our Commitment to Justice

As attorneys representing victims of sex trafficking, our mission is to seek justice for those who have been exploited. But justice doesn’t stop at holding traffickers accountable; it must extend to buyers. Our firm’s sexual assault practice group is dedicated to fighting for survivors and pushing for systemic changes that will end this cycle of abuse. We believe that by treating buyers as traffickers, we can strike at the heart of the trafficking industry and bring about real change.

It’s time to stop treating buyers as mere "participants" and recognize them for what they are: active perpetrators of sex trafficking. The law must reflect this reality—and we will continue to fight until it does.

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