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Date: April 29, 2024 Mon
Time: 11:42 pm
Time: 11:42 pm
Results for commercial sexual exploitation of children
1 results foundAuthor: Lynch, Darlene C. Title: Addressing the “Demand” Side of Commercial Sexual Exploitation of Children: Review of Federal and State Laws for Prosecuting Offenders Summary: Hundreds of children are commercially sexually exploited through prostitution in Georgia every month.i Atlanta is a hub for this activity and has been identified by federal law enforcement officials as one of the fourteen U.S. cities with the highest rates of child prostitution.ii However, the problem is not confined to the Atlanta area; children are being commercially sexually exploited throughout the state.iii Commercially sexually exploiting children through prostitution violates a number of federal and state criminal statutes related to sex trafficking, pimping, and pandering.iv However, these crimes rarely occur in isolation. Often, the exploitation of children is part of a broader criminal enterprise such as a street gang or human trafficking ring.v Whether or not such an enterprise is involved, exploited children may be kidnapped, beaten, raped, threatened, or provided drugs to ensure compliance.vi Efforts to identify, arrest, and prosecute those who commercially sexually exploit children will be more effective and produce longer sentences if they take into account this broad range of related criminal activity. There are some limitations. When a single act, such as the sexual assault of a child, gives rise to more than one offense, the constitutional prohibition against double jeopardy may prevent multiple convictions.vii A defendant cannot, for example, be convicted of a greater offense and a lesser included offense at the same time.viii On the other hand, he may be convicted of multiple offenses when those offenses differ slightly, with each requiring proof of a fact that the other does not.ix For example, he may be convicted of rape and statutory rape based on the same sexual act, because rape requires proof of force which statutory rape does not, and statutory rape requires proof of the victim’s age which rape does not.x Additionally, when an act is a crime under two separate jurisdictions’ laws – for example when the act is both a federal and a state crime – it does not violate double jeopardy to prosecute the offender under both systems.xi Thus, a defendant can be convicted under Georgia’s sex trafficking lawxii and under the federal sex trafficking lawxiii for the exact same act without violating the defendant’s constitutional rights. Further, when the defendant commits a series of separate acts during the exploitation of a child, double jeopardy rules do not prevent him from being charged, convicted and punished for a range of offenses based on the different types of conduct that occurred.xiv Finally, in Georgia, certain offenses, such as sex trafficking, kidnapping and possession of firearm during a felony, are always treated as separate offenses, and the defendant may be convicted of these crimes regardless of any related convictions.xv This report provides a comprehensive list of Georgia and federal criminal laws that are commonly violated during the commercial sexual exploitation of children (“CSEC”). It includes a detailed chart explaining how different types of crimes relate to CSEC, outlining the elements of each crime and the associated penalties, and providing citations to the criminal statutes and any relevant case law interpreting those statutes. Finally, it analyzes the existing state statutes to identify opportunities to amend Georgia law to better deter those who would exploit children and punish those who have. Details: Atlanta, GA: Barton Child Law and Policy Clinic Emory University School of Law, 2010. 80p. Source: Internet Resource: Accessed October 15, 2012 at: http://children.georgia.gov/sites/children.georgia.gov/files/imported/vgn/images/portal/cit_1210/45/16/158888649GOFCDemandProject.pdf Year: 2010 Country: United States URL: http://children.georgia.gov/sites/children.georgia.gov/files/imported/vgn/images/portal/cit_1210/45/16/158888649GOFCDemandProject.pdf Shelf Number: 126734 Keywords: Child MolestationChild PornographyChild Sexual AbuseChild Sexual Exploitation (U.S.)Commercial Sexual Exploitation of ChildrenSex Offenses, Prosecution |