Christine Raino, Author at Shared Hope International

November 1, 2022 by Christine Raino

Safe Harbor – What’s in a Name?

Lack of Consistency in Child Sex Trafficking Laws May Hurt Our Children

By Christine Raino and Eliza Reock

What’s in a name? A lot, actually. In the area of anti-sex trafficking law and policy, words and definitions matter. They have the ability to affect thousands of lives of individuals who have survived sex trafficking. In recent years, policy makers and anti-trafficking advocates around the nation have been celebrating the success and passage of “Safe Harbor” laws . . . the problem? No one knows what that means.

After over 20 years in the fight to combat sex trafficking and protect victims, Shared Hope recognizes the importance of language. For instance, we see the vast difference between the response to a child thought to be a victim of sexual exploitation and that same child if he or she is instead labeled a “child prostitute.” A simple change in terminology–from “child prostitute” to “child sex trafficking victim”–alters subconscious impression. Since the release of our 2009 National Report on Domestic Minor Sex Trafficking, Shared Hope has been working with law enforcement, service providers and policy makers to imprint this understanding and assure that adults working with trafficked children recognize them as victims and not perpetrators of a crime. Yet, 23 states still have laws that allow children to be charged with prostitution and other crimes related to their trafficking abuse, effectively criminalizing them for the same conduct that makes them a victim of a crime. Laws matter. This conflict in the law is confusing and complicates our response.

Does this 23 state statistic surprise you? Well, you may be surprised because many states claim to have fixed the problem by enacting a “safe harbor” law. But what does it really mean to pass a “safe harbor” law? Unfortunately, this term has no single, clear meaning. Current “safe harbor” laws range all the way from an affirmative defense with no clear path to services, to comprehensive laws that respond to sex trafficked kids through various points of contact and mandate access to specialized services. As a result, the term “safe harbor” has become a catch-all phrase for any attempt to reduce criminalization of minors for prostitution—some of these laws are progressive and comprehensive and others fall far short of what is needed to truly protect child victims.

The term originates from the very first law enacted to protect juvenile sex trafficking victims from criminalization, the New York Safe Harbor law, enacted in 2008. This law allows minors to be charged with prostitution and directed into an adversarial court process in order to access services, and was definitely not the original goal of the bill. When survivor advocates set out to establish this new protection for sex trafficked youth and Assembly Bill 5258 was introduced, it would have eliminated criminal liability for minors for prostitution. Non-criminalization was the goal of the bill, and even though that’s not where the bill ended in 2008, that should still be the goal – for every state. Unfortunately, this incomplete response became the jumping off point for other states’ attempts at protecting minors from criminal liability, many of which continued to use the “safe harbor” terminology.

One of the risks of continuing to utilize an ill-defined term, and giving states credit for “safe harbor” laws without closely examining the structure of those laws, is complacency–the sense that the issue has been addressed–yet there is not one single state that has worked out a highly effective response to juvenile sex trafficking. Nevertheless, the lack of a perfect model is not a reason to stop moving forward and it is exciting to see states taking initiative in the law to address the unfair penalization of juvenile sex trafficking victims.

This is not a simple process and it requires a long term commitment as well as the willingness to keep assessing, evaluating and improving the laws necessary to protect juvenile sex trafficking victims. It is critical to maintain two clear goals at the core of the effort to draft truly effective child protective responses: (1) comprehensive laws that eliminate criminal liability for minors for prostitution and other nonviolent offenses related to their victimization, and (2) provision of an avenue to specialized services for trafficked youth.

Shared Hope has created useful tools that help educate advocates to understand their state laws meant to protect children who have been trafficked. Even if your state has a “safe harbor” law, examine the law to see if it meets the above named goals and if not, let your officials know that a bill name is not a victory. Join us in demanding that all states have legislative frameworks that undeniably and unequivocally provide justice for all child sex trafficking victims

Related Research:

Trauma, Coercion, and the Tools of Trafficking Exploitation: Examining the Consequences for Children and Youth in the Justice System

Seeking Justice Report

JuST Response Council Protective Response Model Field Guidance

Justice for Juveniles Field Guidance

Non-Crimiminalization of Juvenile Sex Trafficking Victims Policy Paper

State Mapping Report

Learn More About Safe Harbor

September 16, 2021 by Christine Raino

Coming Soon: Your state’s new Report Card Grade!

Join us November 17th for the release of Shared Hope International’s inaugural Report Cards on Child & Youth Sex Trafficking! These new report cards will be graded under an advanced legislative framework, taking Shared Hope’s State Report Cards project to the next stage in fighting sex trafficking and protecting victims! We will be releasing the new report cards live at our JuST Conference and streaming the release on our Facebook page. You can also sign up now to receive your state’s report card via text or email as soon as it is released on November 17:

History of Shared Hope International’s State Report Cards

The Protected Innocence Challenge project was Shared Hope’s vision for mobilizing collective state action to ensure national change. Ten years of grassroots mobilization, advocacy, technical assistance, and consistent collaboration allowed this vision to become reality. All states now have a child sex trafficking law and, collectively, the country has made exciting progress to provide imperative protections and access to specialized services for child survivors. However, despite this progress, critical gaps in state laws remain.

The Report Cards on Child & Youth Sex Trafficking will move to the next stage in challenging states to fight child sex trafficking in the United States. By applying the advanced legislative framework, these new report cards shift the focus from criminal laws, which have been strengthened across the country over the past 10 years, towards the next level of legislative change, which is ensuring that robust and trauma-informed protections are in place for trafficking victims and populations especially vulnerable to trafficking victimization.

The Next Stage of Anti-Trafficking Policy Reform

Ten years of analyzing state laws led to new research and opportunities to listen to survivors and stakeholders, providing waves of information that require us to confront where gaps remain and how states’ progress has not been consistent in all areas of the framework. What we heard, and responded to, was a call to raise the bar for states…to build on the foundation of progress by further improving protections for child sex trafficking victims.

If you’d like to learn more about how this next stage in state grades will move anti-trafficking efforts to the next level, join us for a live Facebook briefing in October! We will share the date and time closer to the event, but like and follow us on Facebook now so you’ll receive an alert when we go live.

September 8, 2021 by Christine Raino

Statement of Support for the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2021

Shared Hope International is grateful to Congressmembers Smith and Bass for introducing the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2021, and for their longstanding commitment to combatting human trafficking and promoting trauma-informed responses to trafficking survivors. This critical legislation reflects that commitment by highlighting the importance of prevention through education, training and research as well as appropriate accountability for offenders, while also advancing trauma-informed approaches that better meet the needs of trafficking survivors. Additionally, by furthering efforts to reduce vulnerabilities to trafficking and build resiliency factors by improving access to mental health services and housing, this legislation takes important steps toward preventing survivors from returning to exploitative situations. And by encouraging consistent trafficking definitions at the state level to increase identification of child sex trafficking survivors and improve their access to resources, this legislation will also prevent child victims from falling through the cracks of systems designed to assist them.

As Shared Hope International has seen over the past 23 years, human trafficking is a complex problem that requires long-term solutions; by extending authorizations until 2026 to create greater continuity for human trafficking programs and enforcement efforts and by ensuring that trafficking survivors voices continue to be at the forefront through the Advisory Council on Human Trafficking, this legislation truly takes the long view. Shared Hope is pleased to support the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2021 as it creates needed infrastructure for improving responses to trafficking survivors while advancing effective approaches to ultimately prevent the egregious harms that trafficking survivors should ideally never have to experience in the first place.

Please take a minute to contact your Members of Congress, urging them to pass this vital bill.

Read the fact sheet to learn more about the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2021.

November 4, 2020 by Christine Raino

After 10 Years, We Are Changing How We Grade States

Ten years ago, when Shared Hope developed the nation’s first legal framework to comprehensively analyze state laws addressing the crime of child sex trafficking, our field research on Domestic Minor Sex Trafficking had indicated that there were fundamental gaps that needed to be addressed in states’ laws. That was confirmed when we launched the inaugural Protected Innocence Challenge Report Cards in 2011 and the majority of states received an “F” grade. At that point many states’ laws failed to even recognize the crime of child sex trafficking. Over the last 10 years, we have been working to lay the foundation for transformational policy, practice, and cultural change by supporting state legislators and stakeholders to enact the minimum fabric of laws needed to address this heinous crime. Now, 10 years later, no state receives an “F” grade and a majority of the country receives an “A” or “B” on their report card. The Protected Innocence Challenge project was our vision for mobilizing collective state action to ensure national change. Ten years of grassroots mobilization, advocacy, technical assistance, and consistent collaboration has allowed this vision to become reality. All states now have a child sex trafficking law and, collectively, the country has made exciting progress to provide imperative protections and access to specialized services for child survivors.

However, 10 years has also led to new research and opportunities to listen to survivors, providing waves of information that require us to confront where we are and where we should be going. What we have heard, and responded to, is a call to raise the bar for states…to build on the foundation of progress by further improving protections for child sex trafficking victims. On November 18th, we will release an advanced legislative framework for the Report Cards on Child & Youth Sex Trafficking, which will be the basis for new state grades beginning in the fall of 2021. This advanced framework will build on the original framework, preserving the most fundamental components while including new policy priorities that reflect feedback and research from the field.

One noteworthy change that reflects cultural and legislative transformations is the advanced framework’s shift in focus; in 2011, 75% of the framework focused on criminalizing trafficking offenders, including traffickers, buyers, and facilitators, with the remaining 25% focused on victim protections laws. Recognizing that most states have enacted the keystone statutes – the basic laws necessary for criminalizing offenders – the framework’s focus will shift to focus on the area where the largest gaps remain – victim protections. Under the advanced framework for the Report Cards on Child & Youth Sex Trafficking, 75% of the policies will address critical victim protections, including access to specialized services, non-criminal responses to survivors, and avenues to comprehensive care and justice – with the remaining 25% focused on criminal accountability for offenders, and victim-centered tools for law enforcement and prosecutors.

Additionally, this advanced framework will offer extra credit opportunities for state laws that recognize the intersection of child sex trafficking and labor trafficking as well as the impact on youth and young adults. These advancements in the framework are the product of years of input from the field and the expertise of survivors, as well as Shared Hope’s own research and advocacy. We are truly grateful for the collaboration of our state partners over the years, and highly value the incredible work that state advocates have done to help us build this foundation of laws! We are confident that, together, we can better protect those exploited through trafficking and continue working towards true prevention of this crime.

We invite you to attend the release of the advanced legislative framework for the Report Cards on Child & Youth Sex Trafficking on November 18 at 1:30pm EDT. You can also sign up here to receive the new report and advanced legislative framework as soon as it’s available on 11/18!

Additionally, to support implementation of the advanced framework for Report Cards on Child & Youth Sex Trafficking, our team will remain available to provide rapid, technical assistance to support legislators, advocates, and state agencies; technical assistance requests can be submitted here.

We are thrilled to be starting this next chapter in advancing state laws and we hope you can join us in this effort!

May 26, 2020 by Christine Raino

Earned Immunity: How the EARN IT Act Balances Protections for Children and Innovation Online

Over the past several weeks as the COVID-19 crisis has spread across the nation, students have moved from schools to online learning platforms, thousands of employees have moved from office buildings to home offices, and many organizations that serve and support child victims of sexual exploitation must now rely on the internet to reach out to and counsel exploited children. While these online platforms have provided essential access for those seeking to support and protect children, these same platforms provide predators and exploiters unprecedented access to groom and exploit children, and many refuse to take commonsense steps to prevent exploitation or even to quickly identify and end it when it occurs.

As concerns about child safety online have increased, caregivers must now add the role of “online protector” to the many other roles they are currently playing during this pandemic. What this highlights is the need to establish online protections for children at the source, rather than shifting this overwhelming burden to caregivers, teachers, service providers and law enforcement. Those who develop online platforms should be employing that same innovation to help stop predators and exploiters who misuse these platforms and to quickly identify and interrupt exploitation when it happens.

On June 3, join sponsors of the EARN IT Act, and NGOs combating human trafficking and child exploitation, to hear how the EARN IT Act provides a path to accomplishing that goal. EARN IT would bring together leading experts in the tech industry with leaders in the fight against sexual exploitation of children in a new national commission. This bipartisan commission is tasked with developing innovative and groundbreaking best practices for preventing and responding to child sexual exploitation online while fostering an open internet. By extending Section 230 immunity to providers of online services that implement the Commission’s best practices, a new framework would be established—in place of the blanket immunity currently enjoyed by online service providers regardless of whether they prevent child exploitation or profit from it, immunity would be provided to those who have earned it.