Stuart Showalter is a child custody policy advisor to Indiana state policy makers as well as attorneys on child custody cases. For parents he offers child custody based life coaching to help them maintain control of their lives, increase their fitness as parents and manage their litigation so they can truly serve the best interest of their children. He provides this Law Blog as free opinion on various issues. Reader submissions of topics are welcomed. Send to Stuart@StuartShowalter.com
My mind was immersed in something I was reading when I became aware that a woman was asking me, “So what are your thoughts about him telling the girls that they are as smart as any boy?” After getting the question repeated I responded, “That was inappropriate. Who the hell still says things like that?” To which this woman replied it was Joe Biden.
Apparently Joe Biden was participating in a technology event taking place at the White House when, as quoted by CBS News, he told a group of girls at a table, "You guys do understand, by the way, you're as smart as any boy in the world. You know that, right?"
Since this was brought to my attention I wanted to write about it but also not give an immediate knee-jerk reaction. I have asked numerous women for their thoughts on that statement. The response has been nearly universal. Most felt insulted explaining that Biden set the bar of success as that which boys or men are capable of and that girls should seek to meet that. That was my initial response. Biden is saying that males are the accomplished gender and that females should use that as a measure of their degree of success. Ironically, these words were spoken by someone who apparently touts himself as an advocate for women’s issues.
Some women have responded from the perspective that people are oversensitive and that there is already too much “offending” going on in the world for it to be a bother to them. I absolutely concur on that perspective. Being offended can only be from the cognitive basis of the listener. A speaker can NEVER be offensive. The speaker’s utterances can be interpreted as offensive. Although I feel no offense I do acknowledge and defend against efforts to offend me or treat me in a diminutive capacity.
For disclosure I have never liked Biden. The first time I saw him speak I was hit by that creepy feeling and that he was disingenuous. I am not partisan. The last person I liked who was elected to the White House was Jimmy Carter.
I think what Biden said was wrong and clearly he should not have said it. It implants in the minds of girls that all boys are successful and you can be as good as them. The question becomes what should he have said.
The first that comes to mind for me that he could have instead said is -- “These skills are not determined by gender.” He could have used gender neutral terms such as “people”, “students” or “children” but instead he chose to make it a gender issue and in doing so perpetuated a stereotype. Stereotypes are rarely without a basis in reality be it innate or attributed to self-fulfilling prophecy. In this instance males may be more inclined to enjoy or possess the mental facilities for technology applications. That in no way means that females are incapable but they simply may need to expend a greater effort to achieve the same results.
I similarly reside in the camp of those of the opinion that as a society we oft unjustly express offense at the utterances of others. I will not be offended by Biden’s statement although, as a male, it did denigrate us all. In stating that a random group of girls were “as smart as any boy in the world” he elevated their intellectual capacities beyond that which is justified. In using the singular “any boy” he has stated that these girls meet or exceed the smarts of any randomly selected boy in the world, including the smartest boy in the world. Thus, every boy is less intelligent than a random group of girls which may have included the least intelligent girl. This ambiguity in Biden’s statement conveys a stereotype that boys are smarter than girls in the hard science disciplines while simultaneously proposing that no boy is smarter than any girl. It depends on your priming and the lens through which you see the world as to how you interpreted that comment. I intentionally primed you with the title of this post. Some people see the wine goblet while other see two faces.
Words are important. They do convey feelings. Speakers should select their words and delivery carefully, especially when presented to children as they are impressionable and have not fully developed their abstract reasoning.
Parents who would like to achieve the best outcome for their children in a contested child custody case should visit my website and contact my scheduler to make an appointment to meet with me. Attorneys may request a free consultation to learn how I can maximize their advocacy for their clients.
Connect with me for the latest Indiana child custody related policy considerations, findings, court rulings and discussions.
Note: Throughout this writing I may use Deity or God interchangeably as placeholders for the concept of God.
The existence of God and the ensuing role that such a being shall play in our daily lives, our aspirations, beliefs and our government is a hotly contested issue. There appears to be one side proclaiming their cult adherence based upon faith while another group ardently adheres to a reasoning through logic based approach. There is an array of belief sets other than the two extremes however. The existence of God and etiological considerations of self are important subject matter for parents who are in a position to inform their children and can affect child custody decisions as well as the parent child relationship.
Those who advocate a God based existence come primarily from various factions of the Abrahamic or similar cults. They proclaim an existence of God based upon a collection of writings -- sacred texts -- inspired by the rules and supporting rituals of politicians and competing rabbinical leaders which began being assembled some 3000 years ago and culminated in the third century CE. These writings include supposed origins of the universe, which 39% of Americans state a belief in by agreeing with the statement that "God created the universe, the earth, the sun, moon, stars, plants, animals, and the first two people within the past 10,000 years"[en1]
From a logical construct when function or cause is to be attributed to actions we look for the simplest explanation. Often we do this in our daily lives without thought. In our discussions as to motives we simply reduce them to sex, money or power. This is the basis of the principle known as Occam’s Razor. The principle states that among competing hypotheses, the one with the fewest assumptions should be selected. As it applies to God there are four principle schools of thought in descending order of complexity; 1] Deism -- Deity created the universe, started it functioning, but is no longer actively involved in it; 2] Pantheism -- Deity is the inner spiritual essence of everything in the universe; 3] Panentheism -- Deity is the inner spiritual essence of everything in the universe, but it exists beyond the universe as well; 4] Theism -- Deity created the universe and continues to actively participate in the world's activities and in daily human existence.
Deism was primarily brought about through reason in the Age of Enlightenment. John Quincy Adams, Ethan Allen, Benjamin Franklin, Thomas Jefferson, James Madison, Thomas Paine, George Washington and many -- perhaps most -- of the leaders of the American Revolution were deists. Their belief was promulgated in the US Senate which specifically denied the existence of the United States based on Christianity.[en2]
Deists assert that: God exists: God created the universe, and its scientific and moral laws, in a state of perfection. Thus, after he set the universe in motion, his main task was completed. Since his creation was perfect, it did not need continual interference by God to keep it functioning as it was designed to operate.
Stephen Hawking recently made clear his support of atheism when he said: "Before we understand science, it is natural to believe that God created the universe. But now science offers a more convincing explanation."[en3] Science seeks to find the answers while cults proclaim to provide them and then modify those mythological facts as scientific knowledge and truths demand.
There is a logical reason for the belief in a deity though. There must be as most of the human inhabitants of the world believe in a god or gods. As there is no predominant cult then it is a truism that the majority of humans believe that the majority of humans are incorrect in their assumptions about a deity. Starting from this premise I sought to understand how can almost all people hold a nearly universal belief [God exists] and yet nearly all of those people -- according to each other -- be incorrect in the application of this overarching belief.
God belief is a socially accepted hypothesis that became dogmatic backed by social sanction. The supernatural aspect emerges from hypotheses arbitrarily assumed by individuals to explain natural phenomena that could not be explained otherwise at the time. Cult practice became social ritual as those who deviated were publicly scorned and may also have feared adverse consequence in an afterlife. Many of the “facts” or scientific "truths" revealed in sacred texts which are attributable to a supernatural being have been roundly rebuked by modern science.
As a subscriber to the concept of evolution I have no preference toward either of the two supporting philosophies -- being purely non-intentional astrological origin or set in motion by a deity at the instant of the Big Bang. From a human psychological perspective I believe that our behaviours are the result of an evolutionary operation which favour traits that advance our longevity and reproduction. Most people dislike the bitter taste of poisonous fruits but enjoy peaches, mangos, and other such healthy fruits. I don’t believe that this is by chance or through some divine plan. Rather, I feel it is highly likely the result of the consequence that befell those who were born with the “poisonous fruit taste delicious gene.” Traits favourable to reproduction survive while those that do not become extinct.
As someone who studies the dynamics of families, the contributions that mothers and fathers make to the lives of their children and how the children are affected by child custody decisions I am well positioned to analyze the evolutionary basis of parental behaviours. In examining the nearly universal concept of Deity I deduced that the basis must be founded upon parental instruction as parents are a child's first teacher. There is an evolutionary advantage to passing on our personal and accumulated knowledge of the world -- this fruit is poisonous, falling from a tree can kill you. In short do as I tell you or you could die is the message a child receives from a parent or other authority figure. From this I believe came the development of religion and a natural propensity through exaptation.
Included in the passing on of knowledge would be a simultaneous instruction on societal norms or morals. We found these in Aesop’s fables and other stories. Children, as we parents know, do not blindly follow our instruction. They are a curious bunch who challenge our beliefs and authority under the auspices that they are the exception to the rule and are too cunning to succumb to the statistical norm. Essential to effective discipline is trust. Children must be able to trust that we are being truthful with them. However, when complete trust is established children will still stray from our commands. Although we may watch, catch them in the act and mete out appropriate consequences we cannot be omnipresent although we would like for them to think we are. Thus, we develop a proxy for this task. This observer must never sleep, be able to see through walls, around corners, under water, and even know the child's thoughts. A master of surveillance. Sounds a bit like Santa Claus which, curiously, people manage to outgrow a belief in as reasoning develops. What about the homes without chimneys? What is the approximate number of homes per time zone that must be visited? Why do the media portrayals not match these mathematical calculations?
The underlying psychological motivators of religion are fear and the promise of reward. Central to the cult practice is blind adherence without question. That is, to abandon all reasoning through logic and follow the rules. This allows for control of the adherents which is something that is admitted by the clergy. Yet, the laity will surrender their autonomy by adhering to the contradictory and absurd practices and beliefs as absolute truths. This short video segment of the interview of a priest encapsulates the purpose of religious dogma.
My belief of parental instruction as the basis of cult ideology I have found is also supported by psychologists and philosophers. It is reasoned that the proxy observer concept developed into a set of stories, rituals, and rules that were intended to ensure survival of the offspring. Purification rituals have no logical basis in appeasing or showing reverence to any god but they sure do help preserve foods, prevent the spread of disease, and reduce incidents of food poisoning. It then followed that those people who adhered to the cult practices -- worshipped the god or gods appropriately and followed the rites commanded by the deity -- had a higher survival rate. These etiological based results were then falsely attributed to supernatural intervention. The belief in cult practice was reinforced and passed on through early indoctrination of the children while their minds were malleable and trusting of the parents. It is not until adolescence that children develop the reasoning skills to challenge religious indoctrination[en4] -- often too late. This logical connection between cult ideology and longevity has no more support than weight loss pills.
The lack of control for a variable leads to a false causation attribution. Manufactures claim that when their weight loss pills are used in conjunction with a sensible diet and exercise that users experience measurable and consistent weight loss. They attribute the successful dieters' results to the weight loss pills. The same also works for hypnosis, saying affirmations in a mirror, counting backwards from 100 each day, or praying. It is the diet and exercise that produce the results, not the magic fairy dust at $30 per bottle.
Likewise cult dogma inclusive of its myriad practices and prohibitions does produce positive result for its adherence, most of the time. However, there is no evidence that worship of a deity or divine intervention is responsible for these results. More likely it is the practices that are responsible for better health and reproductive viability. Those who meditate, eat well, and practice social altruism have just as great or better outcomes that those who pray devoutly. Post surgery prayers have been shown to provide no positive correlation and may actually increase complications.[en5] Confirmation bias further expounds the effect of prayer. Rarely, if ever, do you hear the devout saying in response to the death of a loved one, "Our prayers went unanswered and he died anyway."
Empirical evidence has demonstrated the lack of religiosity benefit as well as that those who have higher intelligence across many measures are more likely to be agnostic or atheist. Reasoning through logic is a higher order brain process concurrent with intelligence. It is through reasoning that Hawking and others throughout human past have challenged religious dogma and proven the uselessness of deity worship of which results are replicated through secular practices such as meditation or introspection.
The logical argument for God is that the theory of God was attached to ritual practices associated with hygiene, food, social interaction, and psychological stability which had positive correlations to general well-being. On its own there is no logical support for God’s existence but as attributed through false correlations and biases it then seems to be logical that God exists.
[1] 2009 George Bishop, Harris Interactive poll.
[2] “As the Government of the United States of America is not, in any sense, founded on the Christian religion” Treaty of Tripoli June 10, 1797.
[3] el mundo, 23 September 2014
[4] Piaget described the age range on seven to eleven years as the “Concrete-Operational Stage” in which children begin to develop reasoning skills but can only solve problems that apply to concrete events or objects.
[5] Carey, Benedict. “Long-Awaited Medical Study Questions the Power of Prayer” New York Times, 31 March 2006.
Parents who would like to achieve the best outcome for their children in a contested child custody case should visit my website and contact my scheduler to make an appointment to meet with me. Attorneys may request a free consultation to learn how I can maximize their advocacy for their clients.
Connect with me for the latest Indiana child custody related policy considerations, findings, court rulings and discussions.
Appeals are the area of law that I enjoy the most because they require cogent reasoning. The process is more enjoyable when the outcome supports the argument. It was sweet when a panel at Indiana University declared that my son would qualify as an in-state resident for tuition purposes based solely upon the strength of my brief. Although I did appear for oral argument I was told, after waiting an hour while the panel read the brief, that no additional evidence or argument was needed. Parents who appear at a contempt proceeding for failure to pay child support are entitled to appointed counsel if jail is an option and they are unable to afford private counsel. The Indiana Court of Appeals published that opinion earlier this year. That favourable ruling came upon my initial argument and it was not necessary to advance to the evidentiary argument.
Argument founded upon reasoning logically should be so strong as to not allow for any refutation or need of further evidence. This is necessary beyond the arena of law and policy. Life itself for us is dependent upon reasoning logically through the deductive process and is certainly enhanced by accurate inductive conclusions. Consuming poisons can sicken or kill us so we avoid them. Openly displaying luxurious goods or cash in some situations can also threaten our safety.
The humans who ate the berries became sick or died immediately after consuming them. I am a human. If I eat the berries I will become sick or die. That is deductive reasoning. The type that most applies to law -- which I use in the following anecdote about an eBay sale -- is inductive reasoning. That is reasoning with probability. Some people who wore expensive jewelry have been robbed in this parking lot at night. When I return to this parking lot it will be night. I wear expensive jewelry. I should take off my jewelry before walking across the parking lot tonight. There is no surety that I would have been robbed had I kept on the jewelry nor is there a guarantee that I won’t be robbed even if I don’t wear it as it may not be jewelry the thieves seek. But it is more probable that I would be robbed if I was adorned by the jewelry. That is inductive reasoning.
So here is what occurred on eBay. I sold a lot of 70 DVDs to a so-called buyer in Flowery Branch, Georgia -- Lee Linton. Instead of generating a shipping label using Paypal I handwrite my own and affix stamps to the parcel. This is because I buy large lots of unused stamps for around sixty per-cent of face value, pull out what I want for my collection then use the remainder as postage. Thus, the $15 to ship the parcel cost me less than $10.
When the parcel arrives to Linton’s post office box it supposedly only contains six of the seventy DVDs -- so claims Linton. This claim was made to me using the ebay contact form and was accompanied by a photo of the box which was not damaged but had only six DVDs laid out flat in it. I promptly contacted my post office to start an investigation for theft. Linton contacted Paypal to dispute the payment. The postmaster wanted the original package to assist in the investigation. Paypal stated that if Linton returned what did arrive that a refund would be issued. The six DVDs were returned but not the original box needed as evidence in the theft investigation. Paypal promptly made a refund to Linton who had already left negative feedback for me. Paypal gave me 15 days to appeal its decision.
I contacted Linton’s local police department for their assistance in retrieving the packaging and to also initiate a theft investigation in addition to that conducted by federal authorities. I then formulated my appeal to Paypal.
Here is what I argued:
~ Tracking information shows that Linton received the parcel at the post office.
~ Linton made no claim to postal employees that the package was damaged or missing any contents.
~ Linton contacted me and claimed that only six DVDs arrived.
~ I responded that I sent all seventy which must have been in the parcel because it was a 16 pound package when I sent it which I stated to Linton.
~ Linton responded. “It doesn’t say anywhere on the package what the weight was.” [as is done on the Paypal generated labels]
~ I replied that my postal receipt indicates that the parcel weight was 16lbs 5oz.
~ Linton did not return the original package that federal authorities requested for their investigation.
~ Linton has not cooperated in the investigation.
I concluded:
My logical conclusion of this evidence is that Linton received an undamaged package covered in postage stamps instead of a label indicating the weight and saw an opportunity to exploit eBay/Paypal’s Buyer Protection Policy. The parcel was not damaged, as indicated by the photo, thus Linton’s claim is that I simply did not send the full contents of the auction listing -- not six DVDs and a brick. I believe Linton saw an opportunity to claim missing contents because the weight was not indicated on the parcel. Linton failed to realize that I had a receipt indicating the weight as measured by the postal clerk. Linton has not participated in the law enforcement investigations because it is highly probable that Linton received all the DVDs as sent and is trying to commit a fraud by manipulating the Buyer Protection Policy.
Paypal apparently agreed and return the payment to me upon the day of my filing of the appeal.
Parents who would like to achieve the best outcome for their children in a contested child custody case should visit my website and contact my scheduler to make an appointment to meet with me. Attorneys may request a free consultation to learn how I can maximize their advocacy for their clients.
Connect with me for the latest Indiana child custody related policy considerations, findings, court rulings and discussions.
The following is a speech that I recently presented on a particular aspect of the use of language in fulfilling its purpose - the accurate transmittal of ideas or information. This speech is useful not only for the linguists and those who seek to improve their communication skills but, I feel, is necessary for parents, most particularly, those experiencing family discord or child custody litigation.
Today I am going to talk to you about something I have done with most friends, teammates and also strangers. I invite each of you to join me in doing this. Not only with your friends and acquaintance but with me.
So, who wants to sleep with me - male or female, I don’t care.
Sleeping together can be economical when sharing hotel rooms like my teammates and I did. It can help keep you warm during the frigid month of November. Sometimes it just happens when lounging around or partying together and everyone falls asleep in place.
I am guessing that your thoughts are now racing somewhere between wondering about my sexual orientation and if I am homeless. This may because I used the phrase “sleep with me” which is also a euphemism for sexual intercourse or sexual acts generally.
I pride myself in my ability to accurately make use of the English language. An area that has proved to be difficult for me both in implication and inference has been euphemisms. The literal interpretation can far miss the mark of the speaker’s intention. In preparing for this topic I learned that a “love child” is a child born out-of-wedlock. I always thought that was considered a bastard child and that a love child was a child conceived upon the intent of two people proving their love to each other. By inference married parents don’t love their children. Some ‘love children’ then I feel could be more accurately described as drunken bang children.
The topic of love provides an opening to this question - How is it that in euphemistic terms “sleep” can mean sexual intercourse - colourfully known as ‘making love’ - yet also death, as in ‘put to sleep’? Do you realize just how terrifying it can be for a sick, miserable suffering child to be given Ny-quil and told it will put him to sleep? When juxtaposed with the recent death of his cat - which was put to sleep at the animal medical care facility or the vet as is common nomenclature - it is cause for intense terror.
Semantically euphemisms are opaque. While they represent a regular part of English they are largely untaught. This is rather incongruous with the purpose of language as the untaught euphemisms hinders understanding for the listener. As a person who strives to be as honest and forthright as possible the very purpose of euphemisms -- to soften/hide the reality of what is communicated to a listener or reader or at times to exaggerate -- is confounding.
Some euphemisms have come into regular usage by providing more distinction or preciseness. These were once used to establish a genteel and an obscene vocabulary. Thus, a duchess perspired and expectorated and menstruated--while a kitchen maid sweated and spat and bled. We now know menstruation to be a particular form of bleeding.
Euphemisms are, to use one, a misrepresentation. More directly they are lies because they are deliberate. Thus, it is my intention to assist you in living a more healthful life by helping you be honest in your communications. Eliminating the use of euphemisms provides another step toward the goal of living honestly and improving outcomes.
Living, or rather the end of living, provides a plethora of euphemisms. The most absurd I find being “life insurance.” So-called life insurance does little if anything to enhance or extend life. Contrarily, I contend that it can hasten death. Psychologically we are programmed on an inert level to function with efficiency. Paying for something by putting forth effort and not getting a return is inapposite to efficiency. By living we are wasting our resources on life insurance. Additionally, as I was advised of in prison and fans of the show Forensic Files will know, you don’t want to be worth more dead than alive. It’s a death windfall policy.
In the military arena “air support” is the deceptive term applied to what is truthfully deployment of ordinates for indiscriminate destruction of property and deaths of people - bombings. Some wars are fought with the intention of eliminating the enemy. A most grotesque euphemism, which is usually trumpeted by the media, is “ethnic cleansing”. Only the most perverse of humans would equate the intent to kill off a race of people as purifying or freshening.
As you go about your life interacting and communicating with people around you consider whether you are going to be honest with them. . . and yourself. While you may think that euphemisms really do no harm consider the most absurd that I have ever heard. A little girl’s “treasure chest” may have a “magic wand” put in it. She may get a congratulatory affirmation or dismissive nod like ‘oh that’s great’ when confiding this to a teacher or other adult instead of the appropriate response to a man putting his penis in the child’s vagina.
Sometime abusive parents attempt to quell their dissonance through euphemisms. “Corporal punishment” is hitting children in retaliation for their disobedience. It does not appear on the continuum of discipline techniques. In other instances it may be an attempt to shield the child from something that parents are uncomfortable expressing such as matters related to the sole purpose of our existence -- reproduction. We live in a society of both males and females who sexualize children and have proclivities toward having sexual relations with them although few will readily admit such though clinical observation tell otherwise. Their reticence is displayed in the use of euphemisms to also quell the dissonance when adults use sexual terms and are confronted by the arousal generated when applied to the child and the internal shame that is felt for contravening law, moral or custom. Children have no intrinsic fear of death or abhorrence of their reproductive systems. They openly embrace knowledge of the concepts, purposes and application of the many aspects of their being including life and death.
Childrens minds have not fully developed the cognitive capacities to fully integrate euphemisms into the literal world. It is the adults experiencing cognitive dissonance that project their discomfort onto the children. The parents and other adults who express these deceptive utterances are conditioning children for communication difficulties and, as I expressed in the speech, the potential for great harm. Euphemisms and innuendo are both contributors to what I have found to be the most common factor and significant contributor to divorce and child custody litigation -- lack of purposeful, understandable, and precise speech. It is those deficits which inhibit communication as communication only exists when there is transmittal of thought and understanding of the expression. Otherwise such expressions are simply useless utterances.
Parents who would like to achieve the best outcome for their children in a contested child custody case should visit my website and contact my scheduler to make an appointment to meet with me. Attorneys may request a free consultation to learn how I can maximize their advocacy for their clients.
Connect with me for the latest Indiana child custody related policy considerations, findings, court rulings and discussions.
On 19 September 2014 I attended the symposium “In Our Backyard: State Governments Respond to Sex Trafficking of Children” at the Indiana University McKinney School of Law. Although “human trafficking” or “sex trafficking” has long prospered and was popularized by the Martin Scorsese film “Taxi Driver” it has not been until recent years that is has been gaining significant law enforcement and legislative attention. Indiana’s statutory law on human trafficking is found at IC 35-42-3.5 which became effective on 2006 and was amended in 2013. Human sex trafficking is defined as:
A person knowingly or intentionally recruiting, harboring, or transporting a child less than eighteen (18) years of age with the intent of engaging the child in prostitution or sexual deviant conduct commits promotion of human trafficking of a minor.
A person who is at least eighteen (18) years of age who knowingly or intentionally sells or transfers custody of a child less than eighteen (18) years of age for the purpose of prostitution or participating in sexual deviant conduct commits sexual trafficking of a minor.
A person who knowingly or intentionally pays, offers to pay, or agrees to pay money or other property to another person for an individual who the person knows has been forced into prostitution commits human trafficking.
My purpose in bringing the issue of child sex trafficking to your attention today is in an effort to prevent victimization and provide some basis for how the risk to children is established. Similarly I have previously written about “Most Parents Encourage Sexual Abuse of Their Children.” Like inducing sexual molestation of children, the pathway for children to enter the human sex trafficking network has often been paved by the parents as this symposium revealed.
First, some background about the symposium and its participants. The symposium featured:
~ Bridgette Carr, Clinical Professor of Law from the University of Michigan Law School. Professor Carr directs the Human Trafficking Clinic at the University of Michigan and is the co-author of the first case book addressing the law and policy of human trafficking (LexisNexis 2014). Professor Carr shared her experiences as a lawyer, as one who has testified before the U.S. Commission on Civil Rights, and as a teacher in this complex area of law and policy.
~ Holly Austin Smith, Human Trafficking Survivor and Author of Walking Prey: How America's Youth are Vulnerable to Sex Slavery . Ms. Smith shared her perspectives, experiences, and told participants about her role in changing state laws influencing the protection of our youth and the prosecution of the criminals who benefit from the sex trafficking industry.
~ Carlos Gonzalez, 2014 Program on Law and State Government Fellow. Mr. Gonzalez presented his scholarship regarding how state governments and local law enforcement units collaborate to identify minor victims of sex trafficking and aggressively prosecute sex traffickers and purchasers.
~ Chelsea Shelburne, 2014 Program on Law and State Government Fellow. Ms. Shelburne presented her scholarship regarding how state juvenile justice systems could be better tools for preventing sex trafficking of children and prosecuting the adults who support the sex trafficking industry.
A panel of prosecutors and law enforcement officers addressed intergovernmental collaboration on the criminal prosecutions of sex trafficking and related crimes. This panel was comprised of;
~ Casey Bates, Human Exploitation and Trafficking Unit (H.E.A.T.), Deputy District Attorney, Alameda County, California
~ Howard Marcus, U.S. Attorney’s Office of the Eastern District of Missouri, Assistant U.S. Attorney, Section Chief of National Security/Child Exploitation
~ Lieutenant Charles “Chuck” Cohen, Indiana State Police Commander, Special Investigations and Criminal Intelligence;
A panel of experts explored different state approaches and policies to address justice and recovery for victims of child sex trafficking. This panel was comprised of;
~ Lisa S. Elwood, University of Indianapolis, Director of Clinical Training and Assistant Professor, School of Psychological Sciences
~ Christine Raino, Shared Hope International, Policy Counsel
~ Abigail Lawlis Kuzma, Office of the Indiana Attorney General, Director and Chief Counsel of Consumer Protection, Co-chair Designee, Indiana Protection for Abused and Trafficked Humans Task Force
The symposium panelists discussed the matter of attacking human sex trafficking through supply of victims, supply of traffickers, and demand of users.
Demand is established primarily directly through prostitution where users exchange money for particular sexual encounters. Females are nearly universally represented by a trafficker while males nearly always act as independent contractors. Thus, trafficking laws rarely apply to male victims. A second component of demand is pornography. Often times the supply of children [and those who have subsequently become adults] provided to the porn industry have been groomed by traffickers.
Traffickers are finding the human sex trafficking industry to be very profitable. Traffickers may be what is typically portrayed in the popular media as the urban pimp. More often though now traffickers are organized street gangs who may concurrently be in or were formerly in the illicit drug business. The list of traffickers also includes the highly organized traffickers that operate through bricks and mortar offices with a high internet utilization. This final category of traffickers has a high proportion of female proprietors to males many of whom were previously trafficked for sexual services.
The supply of victims is what most concerns me as an advocate for children and advisor on matters related to child custody. Victims are diverse among age and socio-economic backgrounds although they are predominantly from racial minority and financially insecure groups. The correlation between poverty and trafficking has been corroborated by qualitative reports from law enforcement, social service providers, and others working in the anti-trafficking movements. [fn1] Most victims arrive to traffickers through coercion or deceit rather than abductions. Male traffickers will groom an adolescent female through special attention, adornment, and presentation of gifts and privilege that other girls do not receive. Upon being well established into the sexual servitude lifestyle she is replaced by the next recruit. Female traffickers entice young females into the lifestyle through promises of friendship and safety from the dangers of the street. The ploy of gifts and extravagance are also employed until the child is well established in the lifestyle.
What many of us on the front lines of family discord and child endangerment have intuitively known for years is now being confirmed through scientifically based analysis. That is, neglect of children -- emotional and physical -- is more harmful to children than abuse. Panelist from different disciplines uniformly presented that the role of parents was a significant contributor to the likelihood that a child would be recruited into a child sex trafficking network. Parents who divorce or do not reside together, are not attentive to and aware of a child’s friends and associates, do not show adequate affection, or do not set appropriate boundaries for their children are primarily responsible for children entering the sex industry.
The themes of trauma, abandonment, and disruption, begun in childhood, are central to the narratives of adolescent girls trafficked into commercial sexual exploitation. Girls describe having had a profound sense of being alone without resources: “They [the women and girls] described their isolation, lack of connectedness, and feelings of separation as the single most important factor in making them vulnerable to prostitution to begin with…” [fn2]
An interesting take away from the symposium related to child molestation and prostitution came from the law enforcement side. From there it was revealed that perpetrators of child molestation can avoid lengthy prison terms tied to child molestation by leaving money with the child after the offense. In those cases police/prosecutors have at times only sought enforcement of the prostitution statute. They have also pursued the child victim as an offender -- prostitute -- rather than a victim of sexual abuse However, under the Trafficking Victims Protection Act [http://www.state.gov/j/tip/laws/], these individuals previously identified as criminals should be identified and treated as trafficking victims. Ideally, every law enforcement officer would have the proper training and tools (e.g., common screening questions and protocols) to be able to correctly apply the trafficking law, make the proper distinctions, and refer trafficking victims for health and human services.
Notes
[1] Clawson, H. J., & Dutch, N. (2008). Addressing the needs of victims of human trafficking: Challenges, barriers, and promising practices. Fairfax, VA: ICF International.
[2] Rabinovitch, J. (2003). PEERS: The Prostitutes’ Empowerment, Education, and Resource Society. In M. Farley (Ed.), Prostitution, trafficking, and traumatic stress (pp. 239-253). New York: Haworth Maltreatment and Trauma Press.
Parents who would like to achieve the best outcome for their children in a contested child custody case should visit my website and contact my scheduler to make an appointment to meet with me. Attorneys may request a free consultation to learn how I can maximize their advocacy for their clients.
Connect with me for the latest Indiana child custody related policy considerations, findings, court rulings and discussions.
As a child custody policy advisor I have written and had child custody related legislation passed into law. My counseling of lawyers and appearances as an expert witness have helped them achieve more favorable results for their clients including winning appeals, gaining parenting time, reducing conflict, and mediating agreements. Additionally I made important contributions to the amended Indiana Parenting Time Guidelines that went into effect March 2013 and am currently formulating recommendations for the Indiana Child Support Guidelines which are to be amended this year. For parents I offer child custody based life coaching to help them maintain control of their lives and increase their fitness as parents so they can truly serve the best interest of their children.
