all states to ensure protective legislation remains in place despite
possible federal inaction.66
A. Federal legislation – the Trafficking Victims
Protection Act (TVPA)
The TVPA establishes rights that child victims are entitled to
under federal law, including the right to medical care, the right to
protection if their safety is at risk, and the right to not be detained in
facilities meant for perpetrators of crimes rather than for victims.67
The right to protection is not only a right held by the victim, but also
by the victim’s family.68
Under Section 1591 of the TVPA, the crime of sex trafficking
of children does not require the prosecution to prove that the child
has been forced, defrauded, or coerced to engage in commercial
sex.69 Essentially, this statutory framework creates an assumption
that the child was forced, defrauded, or coerced to engage in
commercial sex, and is therefore a victim of sex trafficking. The
federal TVPA employs the “trafficking victim-based model”
approach to juvenile prostitution70 by creating “regulations to deal
with girls detained for juvenile prostitution in the context of their
status as trafficking victims, and thus their immunity from
prosecution for sex-related crimes.”71 Accordingly, by viewing these
66 The Model Penal Code can serve as an example of consistent comprehensive
legislation enacted throughout all states. The Model Penal Code functions as a
“national code” for criminal law and influenced the reformation of state criminal
laws across the country. See PAUL H. ROBINSON & MARKUS DIRK DUBBER, AN
INTRODUCTION TO THE MODEL PENAL CODE 1-2 (1999),
https://www.law.upenn.edu/fac/phrobins/intromodpencode.pdf; see also
Publications Catalog: Model Penal Code, A.L.I.,
visited Mar. 30, 2013) (explaining that “[s]ince its promulgation, the [Model Penal]
Code has played an important part in the widespread revision and codification of
the substantive criminal law of the United States”).
67 See SMITH ET AL., supra note 12, at 6.
68 22 U.S.C.A. § 7105(c)(1)(C) (West 2013).
69 18 U.S.C.A. § 1591(a)(2) (West 2013).
70 See supra note 57.
71 See Schwartz, supra note 58, at 257.