A Model for Understanding Structure Versus Agency in the Participation of Minors in the Commercial Sex Market

In 2000, the Trafficking Victims Protection Act defined any sex worker under the age of eighteen as a victim of sex trafficking and exploitation, while requiring evidence of coercion for those eighteen and over for the same charge. This definition makes explicit a common conception concerning CSEC, namely, that their status as participants in the sex economy rests upon a lack of personal and legal agency. Research on female sex workers often focuses on their victimization, such as childhood sexual abuse and neglect. Conversely, research on male sex workers often ignores their possible victimization and instead emphasizes their drug use, sexual orientation, and HIV/AIDS status and/or risk. Where no method for measuring (relative) agency or constraint has been proposed for this population, rigorous means for comparing or evaluating differences between the agency/constraint of male versus female CSEC remains largely speculative. This analysis offers an attempt at measuring (relative) agency and constraint among a sample of underage sex workers in New York City. Findings indicate that underage male and female sex workers experience similar levels of agency and constraint. Instead, other characteristics or circumstances, such as street status and drug use, are better indicators of differences in agency and constraint. The participation of minors in the sex economy, sex trafficking, and the commercial sexual exploitation of children have received considerable attention from both lawmakers and the media. In 2000, the Trafficking Victims Protection Act (TVPA) defined any sex worker under the age of eighteen as a victim of sex trafficking and exploitation, while requiring evidence of coercion for those eighteen and over for the same charge (U.S. Department of State, 2000). This definition makes explicit a common conception concerning CSEC, namely, that their status as participants in the sex economy rests upon a lack of personal and legal agency. Most research concerning sex workers in the United States centers upon females and their exploitation and/or risk factors for becoming involved in prostitution (Greene, 2007). In the United States, the prevailing belief concerning underage sex workers is the stereotypical image of young girls controlled and coerced into prostitution by male pimps. This prevailing belief completely disregards and ignores the idea of agency for underage sex workers. In addition, female sex workers who are not under the control of a market facilitator (i.e. pimp) and male sex workers are given little to no attention. The lack of scholarly research and political attention on …