Texas D.A. Prosecutes Girl, 13, For Prostitution While Her Pimp, 32, Walks

by Amanda Kloer January 21, 2010 01:00 PM (PT) Topics: Child Prostitution, Pimping

They say everything is bigger in Texas, and the king-sized failures of the justice system are no exception. A Harris County District had a major justice FAIL recently when he prosecuted a 13-year-old girl for prostitution, despite the fact that she's legally a human trafficking victim and not old enough to consent to sex. And her 32-year-old "boyfriend" (aka pimp) who was having sex with her and likely facilitated her prostitution? Well, he walked off free and clear.

The Texas Supreme Court is hearing the case this week, and it's unclear whether they'll decide that a trafficked child too young to consent to sex can be prosecuted for prostitution.

The girl, who media are calling B.W. to protect her identity, was picked up in 2007 when she offered to give an undercover Houston police office a blow job for $20. Quickly, the police discovered that she was a minor, and that she had run away from a foster home placement two years earlier, when she was just 11. After running away, she moved in with a 32-year-old man whom she called her "boyfriend." While staying with him, she used a number of illegal drugs, acquired several sexually transmitted diseases, and had two abortions.

While B.W. never admitted to being engaged in prostitution between the ages of 11 and 13, the high number of STDs and abortions are strong indicators that her "boyfriend" may have been pimping her out, even at that young age. But she did plead guilty to the prostitution charges related to her arrest.

So why is there a legal battle currently raging in Texas over whether or not to charge a young girl, clearly victimized by an older man, with prostitution? B.W.'s lawyers are arguing that it's just plain ridiculous for a 13-year-old to be prosecuted for prostitution when lawmakers have otherwise determined that a child of that age is legally incapable of consenting to any sex act, much less one that involves an implied contract (minors that age are also too young to legally agree to contracts). They say a prostitution conviction would create an inconsistent legal precedent which states that a child is at the same time both legally capable and legally incapable of consenting to sex.

The D.A., on the other hand, claims B.W. was agreeing to engage in the sex act, which does not require legally-effective consent. Plus, in Texas, state law allows minors to be charged with prostitution, so they claim her consent doesn't even matter. They also claim that in jail, B.W. will have access to all sorts of educational, rehabilitative, and other services, whereas if she were free, she'd just go back into foster care, run away, and be back on the street.

The awful truth of the situation is that jail might be B.W.'s best hope of getting help, which is a terrible, terrible solution. Her innocence is clear because of her age -- and I'm livid at the D.A.'s assertion that her consent doesn't matter because there happened to be a financial transaction involved in her statutory rape. That's dangerously close to the fallacy that women (and children like B.W.) in prostitution check their ability to consent or refuse to consent at the brothel door. But until we begin recognizing children like B.W. for what they are -- victims of domestic minor sex trafficking -- we have few resources to help them heal and break the psychological control their pimps have over them. So for many girls like B.W., the choice ends up being jail or the streets, a lose-lose situation.

And speaking of pimps, whatever happened to the 32-year-old who was having sex with a 13-year-old, giving her STDs and illegal drugs, and taking her to have multiple abortions. Anyone find him, question him, or even look for him? Or was everyone so busy crucifying a little girl for a crime she's too young to legally commit? Here's a hint: As a rule, 11-year-old kids don't, upon running away from foster care, decide to start voluntarily prostituting themselves. There was someone who pushed B.W. into the life, and I'll bet a Texas-sized wad of cash on her much older, cohabiting boyfriend.

If you're not going to hunt down her pimp, then the least you can do is do right by B.W., Texas, and show us all that the biggest thing about you is your heart.

Photo credit: lanuiop

Amanda Kloer has been a full-time abolitionist for six years. She currently develops trainings and educational materials for civil attorneys representing victims of human trafficking and gender-based violence.

Comments (24)

  • Lara Nunes
    Jan 21, 2010 @ 08:24PM PT
    Lara Nunes

    I wish the story would tell who this 32 year old man is, this way if he comes to other states people can watch for him. because since he was free to go and do as he please. This man will target another young girl to do the same thing.

    The justice system really stinks for the children, to many kids are forced in sex slavery and the people who are suppose to protect our children, just looks away and inprison an innocent victim.

    What happened to BW is awlful and I wish she would get a change to have parents who would love and care for her. Because this is not fair and her future will not show any answers. If the system oif the justice system isnt fixed with people who actually cares for the children.

    Harris County District in Texas is a disgrace.

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  • Samantha Arndt
    Jan 22, 2010 @ 11:20AM PT
    Samantha Arndt

    Maybe the DA ought to willingly sit in jail for awhile, get the same education as the girl and then come out and tell the public if he's actually rehabilitated!

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  • Solar Electric Light Fund
    Jan 22, 2010 @ 12:35PM PT
    Solar Electric Light Fund

    The insanity of this situation is unreal. Thank you, Amanda, for bringing this to our attention.

    Readers, if you want to help, please join Polaris Project in their efforts to ensure that all 50 states not only 1) have the laws in place to back up the federal anti-trafficking statutes, but 2) provide the necessary training for local law enforcement authorities. To see what laws are on the books in your state, check out http://www.trendtrack.com/texis/cq/viewrpt?event=49ec754b1314

    For more about what you can do to end human trafficking, visit http://www.endslaverynow.com/

     

     

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  • twilight zone
    Jan 23, 2010 @ 11:44PM PT
    twilight zone

    More miscarrage of justice.  Who does the pimp know?? I cant help wonder if he has connections with people in the judical system who are afraid of blackmail (or worse) If a judge were to be involved with anything innapproiate, he could become the puppet of any criminal.

    Click on the link below to read a CNN atricle about a religous group connedted with human trafficing

    http://www.cnn.com/2007/US/12/04/kaye.murdersuicide/

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  • John Moses Browning
    Jan 24, 2010 @ 10:19AM PT
    John Moses Browning

    This is the saddest thing I've read today. Obviously a healthy, rational 13 year old girl would not choose this lifestyle. The pimp should be given the death penalty and the girl should get some help. 

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  • tasha reed
    Jan 25, 2010 @ 03:29PM PT
    tasha reed

    i am going to throw up!!!!! they throw young men in jail for sleeping with a girl under 16 ....even if he is 18 make then register as a sex offender. but a man victomizes an eleven year old girl and the justice system crumbles for her. i am ashamed to be in texas today!!i hope there is something i can do to help these girls recover from this.

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  • Dixie Duryee
    Jan 25, 2010 @ 04:12PM PT
    Dixie Duryee

    So the issue is if the courts can't "detained" the "criminal" then that person goes free right?

    Well, they plea bargain with real criminals so they admit to a lessor charge.  Why can't they do something like that for this kind of situation?

    Like, OK, we know you did something wrong and you probably don't understand it - but we don't want you going to jail and being around more people that could damage you worse; so if you plea to this charge, you'll have to be on 'supervision' - it's like probation but different.  You won't have anything on your record unless you don't graduate from this 'program.'  You'll have to do x amount of hours in community service (which would be directly related to getting educated and helping) and you'll have to see a therapist to help work through things so you don't keep doing this, and you'll have to be going to school and/or working fulltime. 

    All the people involved in this would get a tax break and/or credits toward a degree.

    And of course, this would be far better choice than the victim pleain guilty and going to juvinille detention and give the courts the control that they only seem to get when someone is convicted...

    Let's set ourselves UP for success - not shove the victims DOWN for the rest of their lives......

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  • salma Mohammed
    Jan 26, 2010 @ 01:29AM PT
    salma Mohammed

    this story gives evidence to the illogical way sometimes a whole judicial systerm works. it doesnt take rocket science to identify who the victim or culprit is in this story or who needs to be punished or protected, it is just common sense . A 13 year old leaving in her parent house with this number of STDs and 2 abortion to count would definately raise questions. I would like to ask the legal systerm if they should find a 13 year girl even in a supposedly good home with STDs, who has used a number of illegal drugs and 2 abortions will they debate on charging her with prostitution or would they turn the heat on her parents? like I wrote this is just common sense. 

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  • susan walsh
    Jan 26, 2010 @ 11:10AM PT
    susan walsh

    This is ridiculous and I can't believe this DA, he should be fired from his job.  I am going to email this article to as many high profile peple as I can.  I will not let this go.  She is 13 years old and the DA is letting the rapists of this child go free.  I can't believe the injustice in Texas and across the world.  To bad kids have no rights.  The DA should be ashamed of himself.  How Does He Sleep At Night.  Get a different job Mr. DA.  You don't belong in the legal field.

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    • Lara Nunes
      Jan 26, 2010 @ 11:45AM PT
      Lara Nunes

      Susan,

      Maybe if DA in Oakland was able to be contacted to help this 13 year old girl.

      There is an article back in 2008 about a D.A. Sharmin Eshraghi Bock whose main goal is to do a state-wide charge to spare teenage prostitutes and jail their pimps.

      Here is the article

      http://www.insidebayarea.com/ci_9024565

      Oh BTW the Harris County District Attorney is a women?

      http://app.dao.hctx.net/OurOffice/JudgeLykos.aspx

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    • Lara Nunes
      Jan 26, 2010 @ 12:20PM PT
      Lara Nunes

      Just for anothing note: Here is the actual court case Paper about B.W. and what was said... TEXAS has some screwed up laws... http://www.supreme.courts.state.tx.us/ebriefs/08/08104402.pdf

       

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    • Sharmin Eshraghi Bock
      Jan 27, 2010 @ 01:13AM PT
      Sharmin Eshraghi Bock

      Hi, I'm the DA in Oakland mentioned in the comment section of your thread. My name is Sharmin Eshraghi Bock. I head the HEAT (human exploitation and trafficking) Unit of the Alameda County District Attorney's Office. I stumbled - don't ask me how - upon your post. Happy to help if I can. I appreciate that you all are having such an important discussion. Thanks for helping fight the fight. I've always said that it takes a village to prosecute a trafficker and rescue a commercially sexually exploited child. My email is sharmin.bock@acgov.org. Feel free to email me. Sharmin

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    • Lara Nunes
      Jan 27, 2010 @ 09:55AM PT
      Lara Nunes

      Hello Mr. Sharmin Bock

      This is so great to see you in this blog of Change.org of human trafficking. Its is amazing how you found out about this discussion, but I am glad you are here.

      I was wondering is their anyway this young girl could be helped as you read the information about B.W. I think she needs to be helped and her pimp needs to be caught and sent to prison for life.

      What worries me is the DA in Harrison county actually let the man go, even though they knew he was 32 years old and having sex and pimping B.W. out. I worry about the next victim in which this man may have kidnapped and continue with his actions.

      Can you help B.W. and catch the man who did this too her?

      Thanks and peace

       

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  • S D
    Feb 01, 2010 @ 04:33AM PT
    S D

    Way to go Texas. *sarcasm*

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  • Shelly Blair
    Feb 01, 2010 @ 06:51PM PT
    Shelly Blair

    Hi, thank you for posting this abhorrent perversion of justice--i mean story. I'm trying to find more info from the media on the case, do you have any suggestions or links to the story?

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  • Cindy Brownq
    Feb 08, 2010 @ 04:12PM PT
    Cindy Brownq

    Just what in the f'ing HELL is going on here? A damned m fer pimp goes FREE, and a young, innocent girl victim, who's life was quite f'd up by all of this,  gets ARRESTED!!! What the F passes for justice in your stupid state, Texas? You call what y'all did JUSTICE? I call it a BIG bunch of S!!!! Anyway, I'm going to pass this on to EACH and EVERY name on my list, you betcha sweet arse I am!!!!!! And, as for that f'd up D A, to HELL with that sick, nasty, non caring person, YEEESSSSSS INDEEDY!!!!!

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  • Brittny Gallo
    Feb 15, 2010 @ 11:19AM PT
    Brittny Gallo

    Wow Texas Wow...OKay first off..WHAT IS WRONG WITH AMERCIA for even letting this kinda stuff happen. Really people? shes 13...thats hardly a teenager..they are probably just looking at her to be prosecuted b/c she is a foster kid..They are known to have a bad rep. but ppl stop listening to the media...omg everything is BIG IN TEXAS?? yeah right their hearts definetly aren't Big..GET THAT MAN AND get his butt in jail!!!

     

    Justice gone bad. Major

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  • Cheryl Ross
    Feb 25, 2010 @ 09:31AM PT
    Cheryl Ross

    Boyfriend, yeah right! I say put him under the jail, not in it. He's the one that needs to go to court, not walk! Shame on him! Send B.W. to the hospital help her with the Std's and counsel her about whatever made her do that in the first place, you know running away from the foster parents. Get her whatever help she needs and whatever education she needs, not prosecution. Show some compassion Texas!!

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  • Best Rodeo
    Feb 28, 2010 @ 09:54PM PT
    Best Rodeo

    I can't say I agree with the courts for letting the sick freak go free without any punishment at all, However I also know the law, unless the courts have some type of evidence to hold or charge the 32 year old man there is nothing they can do to punish him.

    As for the girl. Good for the courts. I'm not saying I approve of charging her, however with them charging her with a crime they are able to get her away for the "boyfriend" get her medical help, back in school and possibly a safer place than she was when she was with him. And there is a good chance that after she is away from the boyfriend and not affraid of him or what he might do to her, she might be willing to confirm a rape charge or something along those lines which will give the courts legal grounds to arrest and charge him...

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    • S D
      Mar 01, 2010 @ 08:53PM PT
      S D

      How do you know that they'll actually help her instead of just continuously treating her like a criminal while the a-hole who did this to her walks free?

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    • Vincent LaBarbera
      Mar 15, 2010 @ 08:35AM PT
      Vincent LaBarbera

      But, if convicted, she will have a felony arrest on her record for at least the next five years. In that, this poor girl is victimized once again when really she did nothing wrong.  

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  • sherry francis
    Mar 01, 2010 @ 10:42AM PT
    sherry francis

    Show is 2:00 PM Central time, daily on ustreamtv.com, Sherry Ruth

    http://www.ustream.tv/channel/your_an_asshole

    If you have a problem locating the show, just go to ustreamtv.com and search for SherryRuth.

    Today on Your-an-asshole, our asshole of the day is, Patricia R. Lykos, District Attorney for Harris County, Texas.

    http://app.dao.hctx.net/OurOffice/JudgeLykos.aspx

    She was picked for the following reason.

    http://humantrafficking.change.org/blog/view/texas_da_prosecutes_girl_13_for_prostitution_while_her_pimp_32_walks

    Please read the story with link above. In short, BW the 13 year old girl ran away from foster care at 11. She was arrested for prostitution at 13. When they arrested her they found she had multiple sexually transmitted diseases. and two abortions. Her 32 year old boyfriend/pimp was released.

    Are you wondering about the doctor that did the abortions? The doctor that knew about the sexually transmitted diseases? We failed this child. This is why you and I are also assholes.

    Will also have Hero of the day! I have found some heroes out there trying to help with the situation of human trafficking, and I will spot light them.

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  • H K
    Mar 14, 2010 @ 07:38PM PT
    H K

    This is unbelievable. It just makes me want to scream. Hopefully the media really picks up on this story and doesn't let go until justice has been served.

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  • Rachel Sirinek
    Mar 23, 2010 @ 11:04PM PT
    Rachel Sirinek

    Do you have any follow up to this? As in what the Texas Supreme Court decided?

     

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