A Massachusetts State Police sting operation has led to arrests of prospective Johns who responded to online ads posing as sex workers. The defendants are charged with sex trafficking, but have been fighting the charges since 2021, arguing that responding to an ad does not meet the state’s anti-trafficking law. The state Appeals Court sided with the defendants, stating that the law requires a defendant to cause someone to engage in commercial sexual activity, which responding to an ad does not qualify as. The Supreme Judicial Court (SJC) heard arguments on the interpretation of the word “obtain” in the law, with the prosecution arguing for a broad interpretation that would include anyone paying for sex. The defendants’ attorney argued that this interpretation would make the misdemeanor offense for buying sex redundant. Prosecutors in Massachusetts are focusing on targeting buyers and traffickers rather than sex workers to crack down on sex trafficking. The case is ongoing with no decision date set yet, but SJC cases are typically decided within 130 days. Massachusetts has passed laws to increase penalties for paying for sex and trafficking while providing more resources for victims, though logistical challenges remain.Prosecutors argue that narrowing the scope of the trafficking law could make prosecutions more difficult and burden victims called to testify in those cases.
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