Sex bust sends wrong message

It’s a shame that just as Hawaii moves closer to losing the dubious distinction of being the only state without a law explicitly banning sex trafficking, Honolulu police seem to be doubling down on prosecution of prostitutes, rather than johns or pimps.

Social-service advocates are rightly outraged by a highly unusual sting operation that saw about 16 women charged with more serious sexual-assault charges, rather than the usual prostitution charges.

If convicted of fourth-degree sexual assault, a misdemeanor defined as sexual contact or exposing one’s genitals, the women would have to register as sex offenders and could spend up to a year in jail, compared to a 30-day sentence on the standard prostitution charge.

A police spokeswoman said numerous complaints about a variety of unsavory activities in the neighborhood prompted the undercover operation and that details will come out in court. Still, legal experts described the sexual assault charges as a highly unusual tactic, and it is difficult to see how that allegation will stand up in court, assuming that the undercover "customers" were pretending to seek sex at the Honolulu massage parlors where the arrests were made.

Besides forging into uncharted territory as far as prosecution goes, the tactic threatens to undermine real progress made over the past few years to focus enforcement more on pimps who traffic the women and profit from their work, and on the johns who drive the market.

In the 2014 Legislature, Hawaii lawmakers amended state law that had previously allowed police to have sex with prostitutes as part of their enforcement efforts. In this year’s just-ended session, lawmakers approved Senate Bill 265, which would explicitly ban sex trafficking and promotes the idea of treating prostitutes like victims, sometimes needing protection, rather than as criminals. The measure, which deserves Gov. David Ige’s signature, replaces the term "promoting prostitution in the first degree" in state statute with "sex trafficking," a felony punishable by up to 20 years in prison and a $50,000 fine.

Sex trafficking in a serious problem in Hawaii, an international tourist destination with a strong military presence, a combination that has historically fueled the sex trade. The women who service clients must not be the sole, or even primary, targets to end this practice.

Kathryn Xian, executive director of the Pacific Alliance to Stop Slavery, is among those speaking out against HPD’s new tactics in the recent sting. "We’re really appalled by what law enforcement has been doing in using this unprecedented approach," she said. Xian, who works directly with trafficked individuals, said a sex assault charge "completely disrupts the trust we’ve fostered over the last several years with law enforcement. It also sends the message to the victims that they can never ever look to law enforcement for help."

That is not the message HPD should be sending. In the ongoing debate over how to stem the sex trade in Hawaii, police and prosecutors disagree with advocates such as Xian on many of the particulars. One element on which all seemed to agree is that law enforcement agencies have an important role to play in helping sex workers out of this dangerous, illegal underground trade. Focusing on just prostitutes for prosecution does not seem the way to achieve that goal.