ARLINGTON, Va. — For the first time, the Department of
Defense has specifically made it a crime for a servicemember to patronize a
prostitute. The punishment: up to a year in prison, forfeiture of pay and
dishonorable discharge. The formal order came in a presidential executive order
signed without fanfare Oct. 14, directing changes in the Manual for
Courts-Martial. It is part of an assault the military has been waging against
human trafficking. A Defense Department spokeswoman, Lt. Col. Ellen Krenke,
said in an e-mailed response to questions that “prostitution” and “pandering”
will now be among the offenses covered by Article 134 of the courts-martial
manual. Paying for sex used to fall under the “Solicitation of
Another to Commit an Offense” listed as part of Article 134, which executes the
corresponding section in the Uniform Code of Military Justice, Krenke
said. It prohibits “all disorders and neglects to the prejudice
of good order and discipline in the armed forces” and “all conduct of a nature
to bring discredit upon the armed forces.” But the October executive order makes prostitution and
pandering specific offenses, she said. Krenke said that the DOD made the change as part of its
effort to combat human trafficking by taking on the sex exploitation industry,
as set forth in a December 2002 National Security Presidential Directive that
says in part: “Our policy is based on an abolitionist approach to
trafficking in persons, and our efforts must involve a comprehensive attack on
such trafficking, which is a modern day of slavery. In this regard, the U.S.
Government opposes prostitution and any related activities, including pimping,
pandering, or maintaining brothels as contributing to the phenomenon of
trafficking in persons.” The military needs to change its general mind-set that
tolerates prostitution, said Sara Mendelson, senior fellow at the Center for
Strategic and International Studies in Washington. Mendelson, author of a report on human trafficking and
peacekeeping in the Balkans, said the military needs to get the word out about
the change on prostitution to make it effective. “The issues is not whether activists or experts in
Washington, D.C., know about it, it’s whether the soldier in the field
understands; it’s whether the commander in the field understands that this is a
change from the previous regulation in the Manual for Courts-Martial,” she
said. As early as November 2004, the services began to write
online training courses that cover prostitution within the framework of human
trafficking, Krenke said. Krenke said it teaches that “you don’t have to be a
professional criminal to contribute to the trafficking industry. You aid and
encourage trafficking in persons without engaging in it directly, by hiring a
prostitute.” While the change to the courts-martial manual makes it
clearer that prostitution is illegal, Marine commanders from the top down
already know that prostitution is a punishable offense and have taken steps to
combat it, wrote Marine Corps spokesman Maj. Douglas Powell via
e-mail. “Marines are briefed by their commanders, especially those
who are deploying overseas, that they should not engage in prostitution,” Powell
said.