By Erica C. Barnett
A new report from the King County Department of Public Defense about misdemeanor arrests for “commercial sexual exploitation,” or paying for sex, found that virtually none of the men prosecuted between 2022 and 2025 (typically in SPD stings) has been prosecuted again. DPD has argued that this lack of recidivism proves there’s no need to make the offense a felony. Last year, the King County Prosecutor’s Office pushed for state legislation that would do just that, using lurid stories about sex traffickers, accompanied by unredacted images of beaten women, to argue that sex buyers are complicit in abuse.
Most of the 81 cases DPD reviewed resulted in what’s called a dispositional continuance, in which a person agrees to diversion—typically, a class on the consequences of buying sex (“john school”) and community service. None of those men were caught reoffending, suggesting that misdemeanor prosecution—and perhaps the embarrassment and shame of being caught—was enough to convince them not to reoffend.
“These findings clearly suggest that a misdemeanor offense is sufficient to deter people from engaging in this behavior, even one that uses a diversionary response” like sex buyers’ classes, DPD special counsel for criminal policy and practice Katie Hurley said. “And so, there’s no showing that a higher level, a more serious level offense is needed, and the misdemeanor response appears more than sufficient to deter repeat offending.”
The prosecutor’s office disagrees with this assessment, arguing that sex buying should come with harsher penalties, including jail time, in order to end the demand for sex work. In a recent statement, prosecutor Leesa Manion said prosecuting traffickers and pimps alone “won’t fix this problem” of sex trafficking. “Children, women and others from vulnerable communities continue to be exploited because they are in high demand by buyers. We’re fighting for state legislation to protect and increase resources for trafficking survivors by holding sex buyers accountable for using their money to buy sexual access to vulnerable people.
“Until that changes, we will continue to see the wild west of human trafficking, violence, and misery taking place along Aurora,” Manion said.
There are other possible explanations for the apparent lack of recidivism by men who buy sex, including the possibility that they do offend again but haven’t been caught.
Hurley said that if harsher consequences were necessary, more misdemeanor cases would lead to jail time, rather than dismissal. “You’d expect that people would only talk about needing a higher-level response if they were really maximizing the response available within the misdemeanor system, but in fact we see the opposite,” Hurley said .”We see the vast, vast majority of these cases being dismissed with dispositional continuances or for other reasons, and we see the recidivism rate being exceedingly low, and we’re seeing no real jail time imposed for these offenses.”
Although the prosecutor’s office often argues that wealthier white men are most likely to pay for sex in general, most of the men who actually get prosecuted for the offense are men of color, and a hugely disproportionate percentage are Latino, as PubliCola has previously reported. In the cases DPD covered in its report, 44 percent of the men prosecuted for sex buying were Latino (compared to 8 percent of the King County population), and 53 percent required an interpreter because they didn’t speak English.
One possible reason for the racial imbalance is that most of the prosecutions appear to have originated with SPD stings in the Lowe’s parking lot at 125th and Aurora, a place where Latino day laborers congregate. The police department trains female officers to pose as sex workers, then swoops in, using multiple teams of officers to grab and arrest one man at a time.
PubliCola reviewed about 35 of the cases in DPD’s report, and all but one originated in stings at 125th and Aurora. This area is about 20 blocks north of the area where neighborhood residents and business owners have sought help from the city to address gun violence related to sex trafficking.
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“Increasing the penalties and collateral consequences (such as adverse effects on housing, employment, and immigration) for people prosecuted in these cases would only further entrench existing racial and ethnic disparities in Washington’s criminal legal system,” DPD’s report concludes.
“To the extent that the claim that the majority of people who buy sex are wealthy white men, the ‘tool; of prosecuting people through sting operations by SPD on Aurora Avenue North will not reach the supposed majority of potential buyers – further undermining the claim that classifying this behavior as a felony will be an effective deterrent for that population.”
Casey McNerthney, a spokesman for the prosecutor’s office, said the discussion over how harshly to penalize sex buyers often ignores the perspectives of sex trafficking survivors, ” who we can say without speculation are disproportionately from marginalized communities, including people of color, kids from the foster care system, and people from the LGBTQIA+ community. The KCPAO’s support in the last session was rooted in what we have learned from extensive conversations with sex trafficking survivors and the lasting trauma that they endure.”
SPD stings, however, don’t involve actual sex workers—and do nothing to help victims of sex trafficking, for whom the city and county provide very few direct resources compared to their huge investments in policing and prosecutions.
We discussed the debate over sex work prosecutions, along with my recent reporting on another staff departure from Mayor Katie Wilson’s office, on the Seattle Nice podcast this week.