A Comparative Analysis of Prostitution and Sex Trafficking Policies and Outcomes in Spain & the U.S.

Ongoing debates surrounding policy models which countries use to address sex work and sex trafficking/commercial sexual exploitation (CSE) contest the efficacy of each approach. The complex relationship between sex work and sex trafficking/CSE further complicates the legislative decisions countries make regarding each, whether the government chooses to strengthen punitive measures or implement greater regulation of the commercial sex industry through non-punitive measures. This comparative analysis examines policies surrounding sex work and sex trafficking/CSE in the United States and Spain to measure the efficacy of different legislative frameworks. The study provides an in-depth qualitative investigation of legislation pertaining to sex work! and sex trafficking. Quantitative analysis of data pertaining to law enforcement activity in each country (e.g., prosecutions, convictions, arrests, victim identification) complements the examination of qualitative legal sources. Analyses compare legislation and data between the two countries (federal or national) as well as levels of jurisdiction (state or regional levels). Findings reveal that despite varied approaches, both the United States and Spain implement inadequate legal measures against sex trafficking/CSE based on criminal law outcomes and qualitative evaluations. Policymakers should amend current legal models to better combat sex trafficking/CSE by decreasing the focus on criminalization, clarifying legal definitions and objectives, and improving data collection methods and organization.