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Trafficking and Sexual Violence Trafficking and Sexual Violence
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Sex Trafficking or Prostitution? Policing National Belonging Sex Trafficking or Prostitution? Policing National Belonging
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Gendering Expectations, Privileging Speech Gendering Expectations, Privileging Speech
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2. Speaking Subjects, Classifying Consent: Narrating Sexual Violence and Morality through Law
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Published:August 2011
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Abstract
This chapter examines how the making of sex trafficking into a legal and cultural reality establishes assumptions about humanity, morality, and difference that are then taken for granted and constrain the ways we can imagine human rights. It situates U.S. antitrafficking law within the historical context of both sexual violence and immigration laws, showing how the law and the legal space serve as one place where particular scripts of victimization are produced and validated and become the institutional standard through which potential trafficking subjects (mainly victims and perpetrators) are judged. Institutionalizing methods used to validate victims, including the requirement that victims testify in instances where their traffickers are prosecuted, means that victims must make their stories fit into preexisting expectations and narratives in order to be legible as victims (rather than prostitutes or illegal aliens). This chapter also considers the ways the strategy of speaking for oneself and claiming voice have obscured the relationship between speech and the speaking subject, resulting in assumptions of a false transparency between the speaking subject and her words.
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