This is a movie about women, by women. In this film, the women are the heroes; and I am inserting their stories, lives and voices into the world and into the fabric of history. They hold this court and this movie together because they are the ones creating change and telling us the way life really is out there in the streets of New York City and the world.

I am a first-generation Chinese-American raised in Youngstown, Ohio. I am one of four girls. I grew up in a culture where women were always considered to be inferior to men. BLOWIN’ UP is my response to the institutional ways we think of gender and sex. I support the choices of all women even if I would not make certain choices for myself. I believe all women deserve equality and freedom and know I am in no position to tell women what that equality and freedom should look like.

BLOWIN’ UP is my homage to all the resilient women who have come before me, who bore all the pain and injustices brought upon them so that my generation could thrive. I will remain silent no more.

—Stephanie Wang-Breal, Director, BLOWIN' UP

This guide is an invitation to dialogue. It is based on a belief in the power of human connection and designed for people who want to use BLOWIN' UP to engage family, friends, classmates, colleagues and communities. In contrast to initiatives that foster debates in which participants try to convince others that they are right, this document envisions conversations undertaken in a spirit of openness in which people try to understand one another and expand their thinking by sharing viewpoints and listening actively.

The discussion prompts are intentionally crafted to help a wide range of audiences think more deeply about the issues in the film. Rather than attempting to address them all, choose one or two that best meet your needs and interests. And be sure to leave time to consider taking action. Planning next steps can help people leave the room feeling energized and optimistic, even in instances when conversations have been difficult.

For more detailed event planning and facilitation tips, visitwww.pbs.org/pov/engage/.

In 2013, New York State launched the Human Trafficking Intervention Courts (HTIC). These unique courts were the first of their kind in the United States, with the goal of connecting victims of sex trafficking with the services aimed to empower them to leave a life of torture and abuse. The Queens’ HTIC , presided over by the Honorable Toko Serita, attempts to redress the way women arrested for prostitution are shuffled through the criminal justice system. Judge Serita and a team of dedicated counselors and attorneys try to create a safe, individualized process within the confines of a legal system that is often dehumanizing.

The overwhelming majority of women who appear before Judge Serita are undocumented Asian immigrants, black, Latinx and transgender women. As BLOWIN' UP unfolds, we hear directly from these women, in their own words, and we begin to understand the complex scenarios that bring them into the courtroom.

Through their stories, filmmaker Stephanie Wang-Breal sensitively reveals how a court can work towards problem-solving. The question asked over and over by defense teams and social workers – and through them, by viewers – is: Why are these women arrested in the first place? How would we all benefit from a legal system that sees humans rather than labels and defines its purpose as helping everyone live a better life?

Honorable Toko Serita – Judge in the Queens, NY Human Trafficking Intervention Court

Eliza Hook – social worker, Girls Educational and Mentoring Services (GEMS)

Kandie – GEMS client

Susan Liu – counselor, Garden of Hope

Xiao Cao & Xiao Yi – Garden of Hope clients

BLOWIN' UP is an excellent tool for outreach and will be of special interest to people who want to explore the following topics:

• advocacy
• alternative justice practices
• criminal justice reform
• de-criminalizing prostitution
• sex trafficking immigration law
• ICE -Immigration and Customs Enforcement
• law / courts / justice system
• sex workers
• social work / counseling
• women’s studies

Sex Work in New York and the Human Trafficking Intervention Court

In 2004, Judge Fernando Camacho, created New York’s first prostitution diversion court. The court gave women arrested for prostitution the opportunity to engage in counseling and social services to resolve their case instead of convicting them of a crime and sentencing them to jail time. In 2013, the court was renamed the Human Trafficking Intervention Court and implemented statewide. The court’s mission is to give women arrested for prostitution related offenses the chance to resolve their case by engaging in counseling services, recognizing that many of the women who come through the court are victims of trafficking.. Instead of incarceration, the court connects defendants with social services with the goal of addressing the trauma and abuse they have potentially suffered and thus empowering them. According to Judge Toko Serita, who now presides over all the Queens’ criminal court’s prostitution, cases, the program was not designed to end sex trafficking; it aims to address the immediate problem of people being jailed on prostitution charges.

A typical trajectory through Judge Serita’s court begins with an arrest, often the result of a police sting in which undercover police officers disguise themselves as clients and solicit sex from women. These police stings often take place in Flushing, a section of Queens, targeted by police due its large number of massage parlors and prostitution “strolls” (areas where women go to solicit sex). The arrestee is typically a woman of color and/or an immigrant: 58 percent of those charged with prostitution in Queens are Asian, and many are undocumented. Black and Latinx women are also overrepresented: from 2012 to 2015, 85 percent of people booked on “loitering for the purpose of prostitution” charges were black and Latinx.

At the defendant’s initial court appearance in the Human Trafficking Court. The prosecutor (whose role it is to prosecute individuals charged with crimes) and the defense attorney (whose role it is to defend individuals charged with crimes) and the defendant work together to develop an “alternative to incarceration” plan to the resolve the case. These offers include counseling sessions with social service agencies such as Garden of Hope and Girls Educational Mentoring Service (GEMS) and are tailored to the specific needs of the defendant. Judge Serita tells the defendant that if they complete a certain number of sessions and show up to regular court check-ins without getting re-arrested, the defendant will received what is called an adjournment in contemplation of dismissal (ACD), which means the case will be dismissed and sealed after six months’ time. In 2014, the court issued about 398 such adjournments in contemplation of dismissal out of the 639 cases heard. The HTIC serves as a model for a statewide program established in 2013 that includes eleven courts in New York state.

The Human Trafficking Intervention Court partners with local organizations whose goals are to help defendants address trauma and abuse they have suffered develop support systems, and assist them in transitioning out of sex work if they chose. . Whether a person who engaged in sex work faced coercive circumstances or chose “the life” voluntarily, each ended up doing this work for her own reasons. Many turn to sex work out of economic desperation. Some immigrants are in “debt bondage” due to exorbitant fees from smugglers; this financial precarity is compounded by the fact that undocumented people are barred from many legal jobs and thus vulnerable to exploitation. Many have criminal records (sometimes from prostitution-related charges) and are in debt for exorbitant bail bonds. Many face medical issues and housing instability. The court has found that over 80 percent of women arrested for prostitution have been victimized by traumatic experiences including domestic violence, sexual assault, and childhood sexual abuse. Social workers at the HTIC’s partner organizations help identify the specific needs of a defendant and provide support in a trauma-informed, culturally sensitive way.

In New York, about 1,800 people were arrested on prostitution-related charges in 2018. Law enforcement disproportionately targeted sex workers of color, transgender sex workers, and immigrants.

According to the National Human Trafficking Hotline, which gathered statistics based on contacts to the hotline, in 2018 there were 359 human trafficking cases reported; 135 of these cases involved a minor. Illicit massage parlors were the most common reported venue for sex trafficking. Among these, it is difficult to distinguish between trafficking, completely voluntary sex work, and a coercive middle ground.

Many people engaging in sex work, both trafficking victims and voluntary workers, face the daily threat of violence: from their families, clients, exploiters (colloquially known as “pimps”) and police. In a 2003 survey, 27 percent of street-based sex workers in New York City reported experiencing violence from police. Some reported being forced to perform sexual services for police officers in exchange for not being arrested. Nearly a dozen women interviewed by the New York Times at the HTIC said that they did not feel like trafficking victims, but rather like victims of the police. Sex workers’ rights advocates say that any approach to ending sex trafficking that relies on policing, even by way of a benevolent court system, is bound to fail because it does not address the underlying violence and economic conditions that make sex workers’ jobs so dangerous.

Sources:

Crabapple, Molly. “It’s Not About Sex.” The New York Review of Books, 23 May 2019, nybooks.com/articles/2019/05/23/not-about-sex/.

Crabapple, Molly. “Whores But Organized: Sex Workers Rally for Reform.” New York Review of Books, 11 March 2019, https://www.nybooks.com/daily/2019/03/11/whores-but-organized-sex-workers-rally-for-reform/.

“Human Trafficking and the Courts.” Center for Court Innovation, October 2018, https://www.courtinnovation.org/sites/default/files/media/document/2018/Guide_Video_AntiTrafficking.FINAL_.pdf.

“National Hotline 2018 New York State Report.” National Human Trafficking Hotline, 2018, https://humantraffickinghotline.org/state/new-york.

Robbins, Liz. “In a Queens Court, Women in Prostitution Cases Are Seen as Victims.” New York Times, 21 November 2014, https://www.nytimes.com/2014/11/23/nyregion/in-a-queens-court-women-arrested-for-prostitution-are-seen-as-victims.html.

Wilkinson, Alissa. “One court challenges the way the system handles prostitution-related cases. A new doc shows how.” Vox, 5 April 2019, https://www.vox.com/culture/2019/4/5/18295312/blowin-up-review-interview-prostitution-trafficking-toko-serita

Sex Work and the Law

Although there is no federal law banning the sale of sex, it is still illegal in most U.S. states, with the exception of some counties in Nevada. Justice systems around the world have experimented with different models for addressing sex work. In Amsterdam, full legalization means that sex work takes place in specific public establishments, which are licensed and subject to regulation and routine inspection. In the “Nordic Model,” which exists in Sweden and several other countries in Northern Europe, selling sex is not criminalized, however people who purchase sex and trafficking is still criminal. Although this system shifts the focus away from sex workers, critics argue that it is still unsafe because it keeps the sex trade underground: forced to work in isolated conditions to shield clients, sex workers have reduced safety and are less able to screen their clients. According to sex worker activist Cecilia Gentili, “It is not possible to police clients without policing people who trade sex.”

The model favored by the sex workers’ rights movement is decriminalization. Global NGOs including Amnesty International, World Health Organization and Human Rights Watch have also come out in support of this system, which exists in countries including New Zealand. Under decriminalization, prostitution is not fully legal but it is not regulated or subject to penalties, which takes policing and courts out of the equation (sex trafficking and underage sex work remains illegal). Supporters of this approach argue that it increases safety and self-determination for sex workers by removing the fear of arrest and allowing them to report crimes to which they’re victim. It also would allow them to better screen clients, share knowledge and collectively organize. Although coercion and underage sex work would remain illegal, opponents worry that decriminalization will facilitate trafficking. Opponents of full decriminalization argue that sex work is inherently coercive and a person cannot sell sex without being victimized.

In the United States, public opinion around sex work is shifting. Legislation to decriminalize sex work has been introduced in both Washington, D.C. and New York state. In 2019, New York State Senators Jessica Ramos and Julia Salazar co-sponsored a package of bills to decriminalize sex work, which would end criminal penalties related to the buying and selling of sex, repealing the loitering law and institute regulations to make sex workers safer. It would also allow sex workers to apply for their criminal records to be expunged. These bills met fierce opposition, including from some feminist groups. Although the decriminalization bills did not pass in New York’s State Assembly in 2019, they are expected to be reintroduced in future legislative sessions.

Sources:

Crabapple, Molly. “It’s Not About Sex.” The New York Review of Books, 23 May 2019, nybooks.com/articles/2019/05/23/not-about-sex/.

Grant, Melissa Gira. “A History Breakthrough for Sex Workers’ Rights.” The New Republic, 9 June 2019, https://newrepublic.com/article/154111/new-york-bill-decriminalization-prostitution-sex-worker-rights.

North, Anna. “The movement to decriminalize sex work, explained.” Vox, 2 Aug 2019, https://www.vox.com/2019/8/2/20692327/sex-work-decriminalization-prostitution-new-york-dc.

R.W. “The push to decriminalise sex work in New York.” The Economist, 19 June 2019,

https://www.economist.com/democracy-in-america/2019/06/19/the-push-to-decriminalise-sex-work-in-new-york.

Starting the Conversation

Immediately after the film, you may want to give people a few quiet moments to reflect on what they have seen. Or pose a general question (examples below) and give people some time to jot down or think about their answers before opening the discussion:

If you were going to tell a friend about this film, what would you say?

Describe a moment or scene in the film that you found particularly disturbing or moving. What was it about that scene that was especially compelling for you?

Did anything in the film surprise you? Was anything familiar?

If you could ask anyone in the film a single question, whom would you ask and what would you want to know?

How do you interpret the film’s title?

Understanding Sex Work and Sex Workers

What did you learn from each woman’s story about the reasons that women become engage in sex work?

Susan’s client says she came to the U.S. because she was the capable one in her family and “I do feel my family's needs are more important than mine.” How do traditional constructions of gender roles contribute to the circumstances that lead some women toengage in sex work?? How are Xiao’s feelings of family responsibility different from and/or similar to those expressed by Judge Toko Serita when she visits family in Japan because, as she says, “I think I'm fulfilling my duty to take care of them.”?

Susan Liu shares that, “many of the requests I make to God [when I pray] are the same requests that the women, tell me in session: Somebody to love me, somebody who will never abandon me, somewhere safe, stable housing, basic things, like in normal people's life…every person want that.” Given Susan’s insight that her clients are just like most people, why do you think that sex workers are so often stigmatized and treated as if they are not normal?

Eliza’s client Kandie says, “I don't think I was human trafficked. I made that choice to do that. And I ended up putting myself in those situations.” How does insecurity both personal and financial, influence the existence of authentic choice? Do you think that a person should be allowed to choose sex work just like they might choose any other job?

Criminalizing Sex Work

Historically, what has been the basis for criminalizing sex work and do you think that these reasons still apply today? Do you think that sex work between consenting adults should be de-criminalized? Why or why not?

When police arrest sex workers and courts convict and jail them, what problem(s) are they solving? What problems are they creating?

How do you feel knowing most of the arrests for prostitution related crimes are manufactured by police operated stings?

Why do you believe police target sex workers that are black, latinx, immigrants and transgender?

How do you feel about the violence women engaged in sex work experience at that hands of the police?

Do you believe services can be provided to people who engage in sex work without arresting them? If so how?

A staffer from Sanctuary for Families notes that,

“The police focus much more attention arresting women who are engaging in prostitution than they do for promoters and exploiters. In their defense, it's a much harder job to get the people higher up in the chain, but it seems like such a waste of resources to pick on the easiest people to arrest. To me, a real investigation is not going on Backpage and finding ads and then calling the number on the ad and making a date to meet at a hotel…I wish the police would dedicate the resources that they spend every week making dates and arresting people to investigating who's behind the ad, who's behind the massage parlors, who's behind the brothels that they suspect instead of just making quick arrests.”

If you were in charge of the police, what would your priorities be in terms of investigating crimes related to sex work and why?

What was your reaction to Eliza reminding her client of how to stay safe and avoid arrest rather than urging her to stop sex work? How would you answer those who would accuse the social worker of “aiding and abetting” a crime?

Human Trafficking Intervention Court

What do you notice about the differences between Human Trafficking Intervention court processes (and what it requires from defendants) and typical criminal courts? Which specific protocols increase the chances that a young woman will change her life?

Social worker Eliza Hook explains to concerned client, “This court is not actually interested in seeing you as a criminal…no one in here wants to see you in jail.” Do you view sex workers as criminals? Why do the people working in this court see it as important not that defendants not be viewed as criminals?

Should victims of trafficking be treated differently by the court than women engaging in sex work voluntarily?

How does the court’s willingness to be flexible in response to defendants’ needs open paths of opportunity (e.g., reducing the obligatory sessions for the high school student whose workload kept her from making required meetings or expediting the sealing of a case for the defendant entering the military)?

Counselors and advocates like Eliza Hook and Susan Liu are not court employees but are essential to its function. What would happen to the court if the private organizations that employ people like Hook and Liu didn’t exist? How would those organizations change if they were run by the government instead of continuing as independent entities?

Eliza Hook is admired, respected, and trusted by her colleagues and clients. What do you notice about her interactions and language choices that earn her such high esteem?

The name of Judge Toko Serita’s court was changed from the “Prostitution Diversion Court” to the “Trafficking Intervention Court.” What’s the significance of the name change?

At one point the Judge says the court has 120 cases. The court’s workload stretches the boundaries of its capacity. Why do you think we don’t fund the justice system at levels that would avoid months of delays while people await hearings and trials?

Eliza has a conversation with Dee about dealing with her anger issues. Others describe depression. In your view, what role should mental health services play in the justice system?

Some see this special court as being too lenient on criminals. How do the people working with and for the court hold defendants accountable?

The U.S. legal system is intentionally designed to be adversarial. The Trafficking Intervention Court seems to turn that on its head, with the prosecuting attorney, Kim Affronti, expressing her appreciation for Eliza Hook and describing how they listen to and learn from each other. Do you think that all courts should consider a more cooperative model of justice? Why or why not?

What is the role of the defense attorney in the court? Do they protect or help victims of trafficking?

Susan’s client is confused when asked about whether police violated her human rights. She doesn’t understand the meaning of the term “human rights.” How would you explain the meaning of the term?

Human Trafficking

What did you learn from the film about the ways that human traffickers entice and coerce women into providing illegal sexual services? Should victims of trafficking be exempt from being prosecuted as criminals?

In your view, whose responsibility is it to counter the lies spread by middlemen who profit from trafficking disguised as help with immigration?

An observer from Massachusetts comes to New York to see how the Queens HTIC operates. She notes the difficulty of distinguishing women who have been trafficked from those who have not. Why would it be relevant to make that distinction?

Why do human traffickers take women outside the borders of their home nation or community? How does being an undocumented immigrant make women who have been trafficked more vulnerable?

An ICE raid tests the court’s fragile ecosystem. In relation to the impact you see on the court’s work, would you agree with the Trump administration that their immigration policies and enforcement efforts are making Americans safer? Why or why not?

The Judge visits her family in Japan. How do you think her experiences help her in her job as she presides over a human trafficking court?

Closing Questions

At the end of your discussion, to help people synthesize what they’ve experienced and move the focus from dialogue to action steps, you may want to choose one of these questions:

What did you learn from this film that you wish everyone knew? What would change if everyone knew it?

If you could require one person (or one group) to view this film, who would it be? What do you hope their main takeaway would be?

This story is important because ___________.

What question(s) do you think the filmmaker was trying to answer? Do you think she found the answers she was looking for?

Complete this sentence: I am inspired by this film (or discussion) to __________.

Additional media literacy questions are available at:https://www.amdoc.org/engage/resources/media-literacy-questions-analyzing-pov-films/using-framework/

If the group is having trouble generating their own ideas, these suggestions can help get things started:

Attend a criminal trial or criminal arraignments and compare the experience to the proceedings in the film. Check to see if there are any problem-solving courts in your region. If not, consider advocating for the creation of courts that seek to resolve problems rather than simply doling out punishment.

Hold a teach-in featuring speakers working to de-criminalize prostitution and/or who take a “rights not rescue” approach to helping people who have been sexually exploited (i.e., defending the human rights of those who have been exploited rather than approaching them as people who need to be saved).

Plan an event to observe the annual International Day to End Violence Against Sex Workers (December 17).

Ask local law enforcement or political representatives for a briefing on what’s happening your community to end human trafficking and what you could do to help.

Provide support for organizations in your community that provide services to defendants in cases related to sex work (like GEMS, Garden of Hope, or Sanctuary for Families).

Inform yourself on the laws in your area that govern sex work and how they are enforced.

Explore content related to BLOWIN' UP on the POV website, where you’ll also find other relevant features, shorts and digital projects.

BLOWIN’ UP – Descriptions of the film, screening information, and interviews with the filmmaker about the process of making this film.

Featured in the Film

GEMS (Girls Educational and Mentoring Services) – Descriptions of GEMS’ services, including its leadership program for survivors of sexual exploitation

Garden of Hope – Provides services to those who have experienced domestic violence, sexual assault, or human trafficking, mostly for the Chinese community in the NYC area.

Sanctuary for Families – Provides services in the NYC area for survivors of domestic and gender-based violence. The site includes helpful, simple definitions and descriptions of major issues.

Advocacy and Information

Sex Workers Project – Provides direct services to sex workers of all sorts (i.e., those who work by choice, circumstance, or coercion) and resources (including a useful media guide) for advocates of support based on defense of human rights rather than rescue.

ProCon – An extensive overview of the cases for and against legalizing sex work.

Coyote – “Call Off Your Old Tired Ethics” was founded by sex workers to advocate for the legalization of sex work. The site is filled with resources and links to related organizations that help those who are or have been sex workers, either by choice or by force.

Writer

Faith Rogow, InsightersEducation.com

Background Information

Ione Barrows

Senior Associate, Community Engagement and Education, POV

Guide Producers, POV

Asad Muhammad

Vice President, Impact and Engagement Strategy, POV

Alice Quinlan

Director, Community Engagement and Education, POV

Rachel Friedland

Community Partnerships Assistant, POV

Thanks to those who reviewed this guide:

Jillian Modzeleski

Senior Attorney in Charge, Victims of Trafficking Defense Unit

Stephanie Wang-Breal

Filmmaker, BLOWIN'UP

Carrie Weprin

Producer, BLOWIN' UP

This resource was created, in part, with the generous support of the Open Society Foundation.