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Monday, May 6, 2024 | Back issues
Courthouse News Service Courthouse News Service

Sex workers in Oregon call for an end to police stings, officials signal support

A new study suggests police stings don't reduce sex trafficking.

PORTLAND, Ore. — Support is growing among city and county commissioners to end funding for police decoy stings targeting adults who try to buy sex, as well as a diversion program that trains those caught in stings in the police theory that all sex work is harmful.

After a failed bid earlier this year to decriminalize prostitution in the state Legislature, local sex workers have turned their attention to the police practice of setting up decoy stings that end in dozens of arrests for commercial sexual solicitation — a charge that implies only an attempt to purchase sex from someone willing to sell it, and does not include situations involving force, abuse or people under the age of 18.

Sex workers and their supporters have testified at recent meetings of the Portland City Council and the Multnomah County Board of Commissioners, calling for an end to stings and a diversion program called the Sex Buyers Accountability and Diversion Program.

Elle Stanger, co-chair of the Oregon Sex Workers Committee, testified at a Portland city council meeting last Wednesday, where commissioners were mulling the annual fall budget adjustment.

Stanger asked commissioners to halt funding for police decoy stings — one of the two types of missions run by the Portland Police Bureau’s Human Trafficking Unit. Police set up “buyer suppression stings” under the theory that arresting people for trying to purchase sex will reduce demand for such services, and will ultimately result in the reduction of sex trafficking — where people are forced to engage in sex work, or where people under the age of 18 are involved.

“Even if you personally don’t believe adults should be able to work sex or purchase it consensually, it is a myth that people who pay for sexual services are inherently harmful and dangerous,” Stanger said.

Police aren’t helping sex workers or people experiencing trafficking by arresting their clients, according to Bella Michelle, a sex worker and trafficking survivor who spoke at the city budget meeting.

“Clients I met through sex work helped me escape an abusive relationship with my kids’ father, who was also my pimp,” Michelle said. “Sex workers want rights. Giving us our rights would ensure our safety and protection from predators. Please stop dehumanizing prostitutes and please stop funding decoy stings between consenting adults.”

Portland City Commissioner Jo Ann Hardesty paused testimony to tell Michelle and Stanger that she wants to help them achieve their goals during the next round of budget negotiations in June — when bigger policy changes will be on the table.

“I just wanted to tell our last speaker that I look forward to working with her and the committee to move their proposal forward in our regular budget process,” Hardesty said.

Court records detailing police descriptions of these stings portray transactions where men generally agree to something vague, like a “date” or “full service,” and are arrested by undercover officers when they show up outside a specified hotel.

In January last year, a 55-year-old Portland man responded to an online ad offering a “date” with a photo of a woman who was “dressed provocatively,” according to court records. Police arrested him after he allegedly agreed to pay $100 for half an hour with the woman at a Ramada Inn. 

A month later, another sting caught a 42-year-old man from Beaverton after he responded to a police decoy ad on the website MegaPersonals.com. The ad showed four photos of a woman “posed provocatively,” according to a probable cause affidavit. He called the number on the ad and agreed to an hour of “full service,” which prosecutors say means sex. Based on a euphemism, police arrested the man when he arrived at the same Ramada Inn.

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“I’m here babe,” he texted, prompting police to jump out of an unmarked car.

Commercial sexual solicitation, a misdemeanor, can result in up to one year in jail and a $6,200 fine. The charges against the two men described above, along with the majority of such cases, were dismissed under a first-time offender program, available for a fee to people who attend the Sex Buyers Accountability and Diversion Program, known as the “John’s school,” run by the Multnomah County District Attorney’s office. 

The curriculum includes a powerpoint presentation that tells attendees the money they pay sex workers funds drugs, gang activity and exploitation. And, it warns, seeing sex workers could result in attendees getting felony charges down the road, along with sexually transmitted infections. 

“You enable traffickers to exploit the women and children (your money funds the traffickers’ lifestyles),” one slide warns.

The diversion program is run by Portland Police and the local nonprofit LifeWorks NW. Attendees pay $1,000 each, and money is split between Lifeworks, Portland Police, and the Multnomah County District Attorney’s Office.

Retired Officer Mike Gallagher, who spent his last 10 years working in PPB’s Human Trafficking Unit, said the police used money from the diversion program to fund the overtime hours necessary to run decoy stings, and to buy surveillance equipment officers use in undercover operations.

“That money was significant, because we were going through trying times as far as our budget so for us to be able to run missions and pay overtime was significant,” Gallagher said.

The city’s contract to run the diversion program expires Dec. 31. It’s another target under fire from sex workers.

“Please do not renew this program at the end of the year,” Stanger told city commissioners. “This is inhumane and is an outdated approach to shaming people into obeying archaic laws.”

A new study backs up what Portland sex workers have been saying: that police stings and raids don’t reduce sex trafficking, and only make the lives of sex workers and trafficking survivors harder. The study, released Monday by the International Human Rights Clinic at the University of Southern California Gould School of Law, is one of the first comprehensive looks at anti-trafficking policing across the country.

A team of attorneys reviewed studies and public records and interviewed several dozen experts, including sex workers and trafficking survivors, to assess the growing criticism that police operations aimed at curtailing sex trafficking do more harm than good. The study looked at stings aimed at people trying to buy sex and those selling it, raids at businesses where police suspect people sell sex, and sweeps of areas where people sell sex on the street.

“We conclude that operations are a form of over-policing that re-traumatizes victims, perpetuates systemic racism, and undermines the aims of the Trafficking Victims Protection Act,” researchers wrote.

Three Multnomah County commissioners also support the proposal to end police stings aimed at reducing the demand for sex work.

Commissioner Susheela Jayapal, chair of the Multnomah County Sex Trafficking Collaborative, says stings are not a good use of limited police resources.

“Not a day goes by that we don’t read in the newspaper repeated complaints about inadequate police response to gun violence, burglary, robbery, and other crimes,” Jayapal said in an emailed statement. “If resources are as constrained as we are told, the first order of business should be to identify priorities and to provide a plan for how those priorities are going to be addressed. Stings on consenting adults exchanging sex for money should be very low on the list.”

“The argument that stings reduce demand and therefore reduce sex trafficking seems dubious at best,” Jayapal added. “We have been arresting and prosecuting people for selling and buying sex for a very long time, without noticeable impact on either sex trafficking or prostitution. We are not going to arrest our way to eradicating the systemic issues that drive people to engage in survival sex work, and criminalization will not end coercion in the sex trade. We should not be prioritizing these stings over all the far more pressing safety issues in our community.”

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Multnomah County Commissioner Sharon Meieran said she supports the efforts of the sex workers and advocates who for five weeks testified at weekly commission meetings.

“I do not support law enforcement activities or prosecution that criminalize consensual sexual activity between adults,” Meiran said in a statement to Courthouse News. “Prosecuting sex work makes conditions in this industry less safe for workers who are already vulnerable. The threat of arrest and prosecution pushes sex workers underground, makes exploitation and trafficking more likely, and creates a reasonable fear of calling 911 if a situation is dangerous.”

Commissioner Jessica Vega Pederson said hearing from Stanger and other members of the Oregon Sex Workers’ Committed has prompted her to seek out more information from others in the sex industry.

“I think their concerns are legitimate, and that our attempts to punish demand for this industry can have negative, unintended consequences,” Vega Pederson told Courthouse News. 

In addition to “buyer suppression missions,” PPB’s Human Trafficking Unit also performs what it calls “rescue missions.” Those are the bureau’s attempt to combat actual trafficking — situations where teens are selling sex or where adults are doing it because someone is forcing them to. In these stings, police detain, but don’t arrest sex workers.

Sergeant Mark Georgioff, who led the Human Trafficking Unit for two years before retiring in 2019, said setting up “rescue missions” was similar to planning a buyer suppression mission. He said police would work undercover, setting up a fake date using a sex worker’s online advertisement.

“After the deal was done, we’d present ourselves as law enforcement and put them in custody,” Georgioff said. “Their initial contact was with law enforcement, but then we’d have them sit down with a victim advocate who would say, ‘Hey, we really want to help you.’ Quite frankly, our goal was to rescue these girls.”

Police claim stings targeting people who are trafficked are a vital tool for investigating traffickers. That was their justification for opposing Senate Bill 274, legislation presented this summer that would have removed criminal penalties for kids who are forced into selling or trading sex — records that can haunt kids for the rest of their lives.

“At that point, officers would be on very shaky ground to compel them to stay via any kind of physical force, or to seize and search their phones, since they have not committed a crime,” Michael Selvaggio, the lobbyist for Oregon Coalition of Police and Sheriffs, said in a committee hearing in March.

Aaron Knott, policy advisor for the Multnomah County District Attorney, said his office took no position on the bill. But the Oregon District Attorney’s Association opposed it.

Marion County Deputy District Attorney Christine Herrman said not arresting kids who are trafficked will “leave them vulnerable to further exploitation.”

“Taking away a peace officer’s ability to detain and arrest a juvenile for prostitution will effectively shut down law enforcement’s ability to investigate and seek out trafficked youth, separate them from traffickers, provide them with safety and resources and hold those offenders accountable," Herrman said.

Herrman noted that arresting kids in these situations is “discretionary,” rather than required. She said officers can instead make a safety plan alongside the Oregon Department of Human Services.

“But at this point, we need it as an option,” she said.

Senate Bill 274 never made it out of committee.

Sex workers and trafficking survivors say police stings — even those aimed at rooting out trafficking — only serve to further reduce their trust in law enforcement.

“I was forced and I don't think that cops should be doing that,” said one respondent in a Multnomah County survey that asked people who have experienced trafficking if police should keep using undercover operations as a form of outreach. “It seems like they're then manipulating you like a trafficker.”

The study released Monday, based on information compiled on law enforcement practices around the country, makes a similar point.  

“We urge law enforcement to reconsider the use of operations to combat sex trafficking. Anti-trafficking efforts are trending away from the use of operations, focusing instead on community involvement; public health and harm-reduction strategies; and investment in poverty relief, anti-discrimination initiatives and opportunities for education and employment. We implore law enforcement to join this trend by drastically reforming and curtailing the scope of operations," it states.

Still, police wonder how they would stop violent clients, or find people who are underage or forced to sell sex, without stings.

“I don’t know how we'd vet which buyers and the ones that are bad unless you have the women report them,” said Gallagher, the retired police officer.

Lieutenant Franz Schoening, current head of the Human Trafficking Unit, defended the use of stings. 

“Conducting rescue missions is an opportunity to make direct contact with victims and offer them a way out,” Schoening said. “Buyer suppression missions are focused to reduce the demand for human trafficking. Both missions require detailed planning and coordination.”

But sex workers say laws criminalizing prostitution are responsible for preventing them from reporting dangerous clients. The Oregon Sex Workers’ Committee is planning a ballot measure that would decriminalize sex work.

Bianca Beebe, a committee co-chair who provided testimony to county commissioners, has worked all over the world in the sex industry. She has been assaulted at work but hasn’t reported it for fear of being arrested herself. Then she moved to New Zealand, where sex work was fully decriminalized in 2003. 

Earlier this year, another client sexually assaulted her. This time, the calculus was different. 

For the first time, she decided to report the assault. 

“A uniformed police officer in the station said ‘we know you were on a paid date and we don’t care,’” Beebe explained via Zoom. “‘Sex work is decriminalized in this country,' they said ‘We don't care what you do for a living. We just want to catch this guy.’ 

She smiled.

“None of that would have been possible without decriminalization.”

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Categories / Civil Rights, Criminal, Employment, Law

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