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A new law in Alabama showcases how the war on sex trafficking is mirroring the war on drugs, with all of the negative consequences that implies. The law, signed by Republican Gov. Kay Ivey in mid-April, is called “The Sound of Freedom Act,” after a recent hit movie about sex trafficking.

It’s never a good sign when public policy takes its cues from Hollywood. It’s even worse when the film in question was inspired by a group (Operation Underground Railroad) that stages highly-questionable “sting” operations and was founded by a truth-challenged man (Tim Ballard) fending off multiple sexual assault lawsuits.

Alabama’s lawwhich takes effect on October 1, 2024stipulates a mandatory life sentence for anyone found guilty of first-degree human trafficking of a minor. On its surface, this might not sound too objectionable. But in fact it willlikely to lead to extreme overpunishment for people whose offenses are far less nefarious than those in movies like The Sound of Freedom.

It could even lead to life in prison for trafficking victims.

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Δ How Human Trafficking Laws Really Work

If you’re a regular reader, you probably know by now that “human trafficking” in America looks nothing like it does in the movies. Something needn’t involve force, abduction, or border crossings to be legally defined as human trafficking. Adult victims often start off doing sex work consensually, then wind up being exploited, threatened, or abused by someone they initially trusted to help them. And when someone under age 18 is involved in any exchange of sexual activity for something of value, it qualifies as sex trafficking even if no trafficker is involved.

Two 17-year-old runaways could work together, meeting up with prostitution customers. They would both be considered trafficking victims under U.S. law. If one of them turned 18 and they continued to work together, the 18-year-old would be guilty of child sex trafficking. Helping them post an ad online or driving them to meet a customer would also suffice.

A teenage victim need not even be a legal adult to be labeled a sex trafficker. Take the case of Hope Zeferjohn, in Kansas. Starting at age 15, she was victimized by an older boyfriend, who pressured her into prostitution and asked her to try to recruit other teens to work for him too. Zeferjohn wound up convicted of child sex trafficking for these attempts.

And people need not know they’re involved with a minor to be guilty of child sex trafficking. A 17-year-old could post an ad online, pretend to be 19, and meet up with someone (perhaps barely over 18 himself) looking to pay another adult for sex. The person paying would be guilty of human trafficking in the first degree even if he had no reason to believe the person he paid was a minor. In fact, Alabama law specifically states that “it is not required that the defendant have knowledge of a minor victim’s age, nor is reasonable mistake of age a defense to liability under this section.”

There doesn’t even need to be a real victim involved for someone to be convicted of human trafficking of a minor. Police could pretend to be an adult sex worker, chat with a prospective customer, and then casually drop into the conversation that they’re “really” only 17-years-old. The prospective customer may believe this to be actually true or not (after all, the actual police decoy may be and look like a young adult). But for purposes of the law, it doesn’t matter what the person believed or that there was no actual minor involved.

None of these scenarios resemble the sort of sex trafficking situations imagined by Hollywood or by groups like Operation Underground Railroad. That doesn’t mean everyone involved is totally blameless. But… Existing Laws Provide Plenty Harsh Penalties

Whatever culpability should accrue to individuals in the above situations, I think most people would agree that life in prison would be too harsh. But under Alabama’s new Sound of Freedom law, a life sentence would be possible in all cases and mandatory in cases where the offender was at least 19 years old.

This is insaneand especially so when you consider the existing punishments available.

Human trafficking in the first degree is a Class A felony in Alabama. Class A felonies already come with a mandatory minimum sentence of 10 years imprisonment, and a life sentence or up to 99 years in prison is possible.

Under existing law, then, it’s not as if people guilty of truly heinous acts will get off easy (even if additional charges, such as abduction or assault, are not added on).

Someone guilty of Hollywood-style sex trafficking could still be sentenced to life in prison. Someone guilty of less heinous but still serious crimes could be sentenced to decades in prison. But an 19-year-old who takes a 17-year-old friend along to meet a customer would be subject to only 10 years in prisonstill too much, if you ask me, but at least not life in prison regardless of circumstances. Following Drug War Trends

What we’re seeing in Alabama is a perfect example of how the war on sex trafficking mirrors the war on drugs.

At a certain point in the drug war, everything was plenty criminalized but (surprise, surprise) people were still doing and selling drugs. And politicians still wanted ways to look like they were doing something about it.

An honest broker might say: Look, the laws we have are already quite tough, but the truth is that no amount of criminalization will ever eradicate drugs entirely. Instead of throwing more law enforcement at the problem, maybe we should look at ways to help people struggling with addiction. But no one in power wanted to appear soft on drugs.

So instead of dealing in reality, they proposed harsher and harsher penalties for drug offenses. First mandatory minimums. Then even harsher mandatory minimums, along with sentencing enhancements for various circumstances (like being in a certain proximity to a school, even if no minors are involved) and three-strikes laws (which automatically impose a harsher sentence on people if they’ve been convicted of certain previous crimes, even when the prior offenses are unrelated to the third offense). This is a large part of how America ended up with a devastating mass incarceration problem.

Over the past two decades, we’ve been seeing this same pattern play out with prostitution-related offensesincluding ones where the sexual activity involves consenting adults, rather than force, fraud, coercion, or minors. We’ve seen the introduction of harsher and harsher penalties, mandatory minimums, and now Alabama’s mandatory life sentences. And we’ve seen this at the same time that authorities keep expanding the categories of activities that count as sex trafficking, from activities directly and knowingly connected to the core crime to activities only tangentially or unwittingly involved.

In this way, actual problems are blown up into moral panics, after which any measure of proportion is thrown out and any effort to deal with root causes or victim services falls way behind efforts to mete out harsher and harsher punishments to as many people as possible.

We didn’t arrest and imprison our way out of drug addiction. And we’re not going to arrest and imprison our way out of sexual abuse and exploitation, or out of young people in desperate circumstances turning to sex work to get by. But approaches like opening up more shelters don’t get the same headlines as flashy legislation named after popular sex-crime melodramas. More Sex & Tech News

NetChoice is suing over an Ohio law requiring young people get parental consent to be on social media. Meanwhile, in Tennessee, the governor just signed a similar bill into law.

A new law in Georgia “allows the Geogia Board of Massage Therapy to initiate inspections of massage therapy businesses and board recognized massage therapy educational programs without notice,” per Gov. Brian Kemp’s office. Laws like these are often justified by invoking speculation about sex trafficking; in practice, they get used to bust a bunch of immigrant women for giving massages without a license.

Meta is starting to test age verification in the U.S. for Facebook Dating.

“It is perhaps inevitable that taking sexual misconduct seriously, as with any other social ill, would open the door for opportunistic people to use that effort to get what they want,” writes Freddie DeBoer in a rant about the incoherence of many progressive attitudes toward sex right now. Today’s Image
Gemini dreams of sunshine on this rainy Monday. (ENB/Reason)

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Shabana Mahmood is the new hard woman of British politics – and potential successor to Starmer

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Shabana Mahmood is the new hard woman of British politics - and potential successor to Starmer

We’re told that Shabana Mahmood, the still new home secretary, is “a woman in a hurry”.

She’s been in the job for 73 days – and is now announcing “the most sweeping reforms to tackle illegal migration in modern times” – effectively since the Second World War.

Politics latest: Mahmood dismisses ‘tittle-tattle’ over leadership rumours

Her language is not just tough – it’s radical. Not what you’d have expected to hear from a Labour home secretary even just a few months ago.

“Illegal migration”, she believes, “is tearing our country apart. The crisis at our borders is out of control”.

Her team argues that those never-ending images of people crossing the Channel in small boats have led to a complete loss of faith in the government’s ability to take any action at all – let alone deliver on its promises.

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‘Illegal migration is creating division across our country’.

The political reality is that successive failures of Tory and Labour ministers have fuelled the inexorable rise of Reform.

But speaking to Sir Trevor Phillips on Sky News, Ms Mahmood firmly hit back at suggestions today’s announcements are pandering to a racist narrative from the far right.

“It’s not right-wing talking points or fake news or misinformation that is suggesting that we’ve got a problem,” she said.

“I know, because I have now seen this system inside out. It is a broken system. We have a genuine problem to fix. People are angry about something that is real.

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Trevor’s takeaway

“It is my job, therefore, to think of a proper solution to this very real problem, to do so in line with my values as a Labour politician, but also as a British citizen, and to have solutions that work so that I can unite a divided country.”

There are many striking elements to this.

While she’s not been in the job for all that long, her government has been in power for 16 months. Her own press release highlights that over the past full calendar year asylum claims here have gone up by 18% – compared with a drop of 13% elsewhere in the EU.

The UK, she argues, has become a “golden ticket” for asylum seekers due to “far more generous terms” than other countries in Europe.

While she politely insists that her predecessor’s policies – the one in one out deal with France, closer partnership with law enforcement across Europe – are beginning to take effect, the message is clear. No one in office before Shabana has had the stomach to grasp the nettle.

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Inside Europe’s people smuggling industry

The Home Office is determined to present their boss as the new hard woman of British politics.

In a bleak warning to those in her party who will be deeply uncomfortable with this unflinching approach, we’re told she believes this is “the last chance for decent, moderate politics”.

“If these moderate forces fail, something darker will follow…. if you don’t like this, you won’t like what follows me.”

That’s a clear reference to the anti-asylum policies of Reform and the Conservatives, who are pledging to leave the European Convention on Human Rights and deport all illegal arrivals.

Both parties have responded by effectively claiming they don’t trust Labour to deliver on this, given they believe the government has lost control of our borders and overseen a surge in asylum claims.

That much Ms Mahmood herself has already acknowledged.

It’s unusual to hear a Conservative shadow minister like Chris Philp responding to a government announcement by claiming they will support the “sensible steps” the Home Office is making.

Unsurprisingly, he went on to belittle her ideas as “very small steps” combined with “gimmicks” – but the main thrust of his critique was that Labour lacks the authority to push these kinds of measures through parliament, given the likely opposition from their own left wingers.

It’s a fair point – but the lack of fundamental disagreement highlights the threat these plans pose to her opponents.

If the government looks like it might actually succeed in bringing down the numbers – and of course that’s a colossal if – Ms Mahmood will effectively have outflanked and neutralised much of the threat from both the Tories and Reform.

That’s why she’s so keen to mention her Danish inspiration – a centre-left government which managed to see off the threat from right-wing parties through its tough approach to migration, without having to leave the ECHR.

Read more:
Mahmood threatens Trump-style visa ban on three countries

Migrants shopping for life jackets: Inside the route to the Channel
Here’s how the Danish migration model works

The Home Office is planning further announcements on new safe and legal routes.

But refugee charities have described the new measures as harsh, claiming they will scapegoat genuine refugees, fail to integrate them into society, and fail to function as a deterrent either.

There will surely be an almighty internal row among Labour MPs about the principle of ripping up the post-war settlement for refugees.

For a government floundering after the political chaos of the last few weeks and months, Ms Mahmood is a voice of certainty and confidence.

At a moment of such intense backroom debate over the party’s future direction, it’s hard to avoid seeing her performance this weekend as a starting pitch for the leadership.

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Labour MPs fear wipe out at next local election – as chancellor’s career is ‘toast’

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Labour MPs fear wipe out at next local election - as chancellor's career is 'toast'

Many Labour MPs have been left shellshocked after the chaotic political self-sabotage of the past week.

Bafflement, anger, disappointment, and sheer frustration are all on relatively open display at the circular firing squad which seems to have surrounded the prime minister.

The botched effort to flush out backroom plotters and force Wes Streeting to declare his loyalty ahead of the budget has instead led even previously loyal Starmerites to predict the PM could be forced out of office before the local elections in May.

“We have so many councillors coming up for election across the country,” one says, “and at the moment it looks like they’re going to be wiped out. That’s our base – we just can’t afford to lose them. I like Keir [Starmer] but there’s only a limited window left to turn things around. There’s a real question of urgency.”

Another criticised a “boys club” at No 10 who they claimed have “undermined” the prime minister and “forgotten they’re meant to be serving the British people.”

There’s clearly widespread muttering about what to do next – and even a degree of enviousness at the lack of a regicidal 1922 committee mechanism, as enjoyed by the Tories.

“Leadership speculation is destabilising,” one said. “But there’s really no obvious strategy. Andy Burnham isn’t even an MP. You’d need a stalking horse candidate and we don’t have one. There’s no 1922. It’s very messy.”

More on Labour

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Starmer’s faithfuls are ‘losing faith’

Others are gunning for the chancellor after months of careful pitch-rolling for manifesto-breaching tax rises in the budget were ripped up overnight.

“Her career is toast,” one told me. “Rachel has just lost all credibility. She screwed up on the manifesto. She screwed up on the last two fiscal events, costing the party huge amounts of support and leaving the economy stagnating.

“Having now walked everyone up the mountain of tax rises and made us vote to support them on the opposition day debate two days ago, she’s now worried her job is at risk and has bottled it.

“Talk to any major business or investor and they are holding off investing in the UK until it is clear what the UK’s tax policy is going to be, putting us in a situation where the chancellor is going to have to go through this all over again in six months – which just means no real economic growth for another six months.”

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Why is the economy flatlining?

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Starmer and Reeves ditch plans to raise income tax
Former chancellor Osborne is shock contender to head HSBC

After less than 18 months in office, the government is stuck in a political morass largely of its own making.

Treasury sources have belatedly argued that the chancellor’s pre-budget change of heart on income tax is down to better-than-expected economic forecasts from the Office for Budget Responsibility.

That should be a cause of celebration. The question is whether she and the PM are now too damaged to make that case to the country – and rescue their benighted prospects.

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Budget 2025: Starmer and Reeves ditch plans to raise income tax

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Budget 2025: Starmer and Reeves ditch plans to raise income tax

Sir Keir Starmer and Rachel Reeves have scrapped plans to break their manifesto pledge and raise income tax rates in a massive U-turn less than two weeks from the budget.

The decision, first reported in the Financial Times, comes after a bruising few days which has brought about a change of heart in Downing Street.

Read more: How No 10 plunged itself into crisis

I understand Downing Street has backed down amid fears about the backlash from disgruntled MPs and voters.

The Treasury and Number 10 declined to comment.

The decision is a massive about-turn. In a news conference last week, the chancellor appeared to pave the way for manifesto-breaking tax rises in the budget on 26 November.

She spoke of difficult choices and insisted she could neither increase borrowing nor cut spending in order to stabilise the economy, telling the public “everyone has to play their part”.

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‘Aren’t you making a mockery of voters?’

The decision to backtrack was communicated to the Office for Budget Responsibility on Wednesday in a submission of “major measures”, according to the Financial Times.

The chancellor will now have to fill an estimated £30bn black hole with a series of narrower tax-raising measures and is also expected to freeze income tax thresholds for another two years beyond 2028, which should raise about £8bn.

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Conservative leader Kemi Badenoch said: “Only the Conservatives have fought Labour off their tax-raising plans.

“But one retreat doesn’t fix a budget built on broken promises. Reeves must guarantee no new taxes on work, businesses, homes, or pensions – and she should go further by abolishing stamp duty.”

How did we get here?

For weeks, the government has been working up options to break the manifesto pledge not to raise income tax, national insurance or VAT on working people.

I was told only this week the option being worked up was to do a combination of tax rises and action on the two-child benefit cap in order for the prime minister to be able to argue that in breaking his manifesto pledges, he is trying his hardest to protect the poorest in society and those “working people” he has spoken of so endlessly.

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Ed Conway on the chancellor’s options

But days ago, officials and ministers were working on a proposal to lift the basic rate of income tax – perhaps by 2p – and then simultaneously cut national insurance contributions for those on the basic rate of income tax (those who earn up to £50,000 a year).

That way the chancellor can raise several billion in tax from those with the “broadest shoulders” – higher-rate taxpayers and pensioners or landlords, while also trying to protect “working people” earning salaries under £50,000 a year.

The chancellor was also going to take action on the two-child benefit cap in response to growing demand from the party to take action on child poverty. It is unclear whether those plans will now be shelved given the U-turn on income tax.

Read more: What taxes could go up now?

The change of plan comes after the prime minister found himself engulfed in a leadership crisis after his allies warned rivals that he would fight any attempted post-budget coup.

It triggered a briefing war between Wes Streeting and anonymous Starmer allies attacking the health secretary as the chief traitor.

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Wes Streeting: Faithful or traitor? Beth Rigby’s take

Read more: Is Starmer ‘in office but not in power’?

The prime minister has since apologised to Mr Streeting, who I am told does not want to press for sackings in No 10 in the wake of the briefings against him.

But the saga has further damaged Sir Keir and increased concerns among MPs about his suitability to lead Labour into the next general election.

Insiders clearly concluded that the ill mood in the party, coupled with the recent hits to the PM’s political capital, makes manifesto-breaking tax rises simply too risky right now.

But it also adds to a sense of chaos, given the chancellor publicly pitch-rolled tax rises in last week’s news conference.

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