Rachel Harper, Author at Shared Hope International

May 7, 2016 by Rachel Harper

Regional Collaboration in Combatting Juvenile Sex Trafficking Surrounding Large Events and Beyond

As part of our Regional Collaboration Project, on Wednesday afternoon, May 18 at 3:00pm (Eastern), Shared Hope International will host a national briefing call on proactive, collaborative approaches to combatting human trafficking during large events, such as collegiate and professional sporting events or conventions. As cities across the U.S. host large events, leaders benefit from observing and capitalizing on the successes and challenges of task forces and collaborative efforts demonstrated in other regions. The call will cover a wide array of issues and prove helpful to first responders, local and federal law enforcement agencies, victim advocates, health care professionals, service providers, community organizers, policy advocates, and general volunteers.

Questions such as “when should preparations begin?” will be addressed, as timing continues to surface as a primary factor. Even leaders of successful efforts consistently report that they wish they had started earlier with substantive preparations.

The panelists will share a variety of tested tactics, campaigns and investigative operations. One consistent recommendation is that strategic collaboration and planning are needed to address human trafficking during large-scale events. Not only do thousands of individuals visit cities to attend high-profile events, but volunteers and other groups may also travel to the city in efforts to address human trafficking and raise awareness. Thus, the importance of communication and united efforts between law enforcement agencies will be highlighted, as well as collaboration between law enforcement and non-governmental entities, such as the hospitality industry and service providers, which can enable better identification of victims.

For example, conducting targeted trainings within all levels of law enforcement and to personnel within key industries, as well as developing outreach plans to reach potential victims, could increase reports and needed information regarding suspected trafficking activity. Additionally, considering conscious engagement and use of media through a collaborative lens can enable stronger, more consistent messaging within campaigns designed to deter demand and facilitate shifting perspectives away from viewing victims as criminals.

Another theme which will be stressed is the need to ensure access to services for victims, through non-punitive processes. To that end, the panelists will include reasons and methods to prioritize and ensure victim-centered approaches during investigations, as well as establishing various avenues for victims to access services.

These following leaders will share successes and challenges surrounding the 2015 and 2016 Super Bowls:

Agent Marty Parker, Federal Bureau of Investigation; Oakland, California;
Sergeant Kurtis Stenderup, Santa Clara County Sheriff’s Office; Santa Clara, California;
Christopher Watson, Program Director, Sexually Exploited Minor Program Bay Area Women Against Rape, BAWAR; Oakland, California;
Special Supervisory Agent Ryan Blay, Federal Bureau of Investigation, Civil Rights Unit/Human Trafficking Program Manager; Washington, D.C.;
Sergeant Clay Sutherlin, Phoenix Police Department; Phoenix, Arizona;
Savannah Sanders, Human Trafficking Services Manager, SAFE (Safeguarding Adolescents from Exploitation) Action Project, Sojourner Center.

April 5, 2016 by Rachel Harper

Shifting towards Justice: Non-Criminalization of Child Sex Trafficking Victims

During the 2016 legislative sessions this year, at least 10 states have introduced legislation that would protect a child from being blamed for their own commercial sexual exploitation, meaning that prostitution offenses would not apply to minors. As of August 1, 2015, 14 states and DC had already enacted full non-criminalization provisions to prevent prosecution of minors for prostitution. This means that almost half of the country has enacted or is considering legislation to protect child sex trafficking victims from being put on trial for the very conduct that constitutes their victimization. Under federal law, any child who is bought or sold for sex acts is a sex trafficking victim. Last year, in the Justice for Victims of Trafficking Act, Congress urged the states to treat commercially sexually exploited children as victims and direct them to services instead of punitive responses and prosecutions.

Laws that protect all minors from prostitution charges are necessary to justly respond to juvenile sex trafficking victims and safeguard child victims from being treated as criminals. No child should be unfairly stigmatized as a “prostitute,” especially by the courts. In short, there is no such thing as a “child prostitute.” Shared Hope’s policy paper, Non-Criminalization of Juvenile Sex Trafficking Victims “discuss[es] the social and legal importance of ending criminalization of minors for prostitution offenses.” Prosecuting or charging a youth for prostitution offenses based on commercial sex acts is irreconcilable with the fact that the commercial sex act, itself, constitutes the abuse, rape, and exploitation of the child, rendering that child a victim in need of restorative services. Arresting, charging, detaining, and prosecuting child sex trafficking victims can re-traumatize these vulnerable victims. Additionally, arresting youth can strengthen trauma bonds with traffickers who have warned victims that they would be arrested and blamed if they were to seek help from law enforcement or were “found out.” Youth are often further bound to their trafficker and feel isolated from society when they are arrested. In her book, Walking Prey, Holly Austin Smith shares the harmful effects of her arrest and detention:

When I was arrested by law enforcement for prostitution, I was made to feel like a criminal, like a juvenile delinquent. I felt stupid, ashamed, and ostracized by society. Days later, alone in my bedroom, I felt so abandoned, so forsaken by society, that I attempted suicide.

Implementing non-criminalization and ensuring safety for commercially sexually exploited children is a consistent concern, and states have taken varied approaches in shifting from punitive to service-focused responses. Shared Hope’s field guidance document, Justice for Juveniles – A Field Guidance Report, surveys promising approaches to implementing non-criminal responses for juvenile sex trafficking victims.

Ensuring that comprehensive, trauma-informed, individualized services are provided to these victims is vital. As the trend of non-criminalization grows, states must simultaneously increase avenues to specialized services for commercially sexually exploited youth. According to the Protected Innocence Challenge, as of August 1, 2015, 29 states plus DC have enacted some sort of protective system response to direct minors away from punishment or detention and towards services, including responses of non-criminalization and other mechanisms, such as diversion or mandatory referrals by law enforcement to child welfare. Dollars are better and more justly spent on providing services to child sex trafficking victims, instead of arresting, prosecuting and punishing.

We look forward to the day where no commercially sexually exploited child in the U.S. can be charged as a “prostitute.”

September 4, 2015 by Rachel Harper

Why wasn’t Jared Fogle charged with sex trafficking?

About two weeks ago, Jared Fogle, famous for his Subway sandwich diet, was indicted for two serious federal sex crimes: 1) receiving and distributing child pornography and 2) traveling to engage in illicit sexual contact with a minor. (Fogle has since pleaded guilty to both offenses).

Recently, public debate questioned, ”why wasn’t Fogle charged with rape?” But why not sex trafficking? The indictment alleges facts that would amount to sex trafficking under federal law, such as allegations that Fogle paid for sex acts with a minor in the Plaza Hotel and in the Ritz Carlton Hotel in New York City. The indictment also reports that Fogle offered to pay for sex with other minors and asked to be put in contact with other youth saying, “the younger the girl, the better.”

In May 2015 the Justice for Victims of Trafficking Act (JVTA) was enacted and clarifies that the federal crime of sex trafficking includes buyer conduct by adding “patronizes” and “solicits” as prohibited conduct. Importantly, force, fraud or coercion does not have to be proven when a minor is “caused to engage in a commercial sex act” to be sex trafficking. In fact, buyers commit sex trafficking offenses regardless of whether there is a third party or trafficker involved, as discussed in Shared Hope’s recent policy paper, Eliminating the Third Party Control Barrier to Identifying Juvenile Sex Trafficking Victims.

But what about New York’s ability to respond to this type of behavior and protect minors? The lack of appropriate state-level offenses is a glaring issue here. First, New York is an outlier as one of only 4 states that requires that force, fraud or coercion be used to identify a child who is bought or sold for sex as a victim of sex trafficking. Second, New York’s sex trafficking law does not apply to buyers, but only someone who “intentionally advances or profits from prostitution.” (Profiting from prostitution is defined to specifically exclude patrons.) Third, New York’s CSEC (Commercial Sexual Exploitation of Children) offenses only protect victims under 14. The criminal offense of “Patronizing a prostitute” in New York would apply to buyers of older minors – the same way it applies to adults who are patronized –in the third degree, which is a Class A misdemeanor with a possible sentence of up to 1 year imprisonment and a possible fine not to exceed $1,000. So, in essence when wealthy buyers travel to NYC and exploit minors for sex, it is potentially a low level offense under New York state law. Although “patronizing a prostitute” in the first and second degree apply when minors under the age of 11 and 14, respectively, are exploited, this simply exacerbates unfair, damaging stigmas that minors of any age who are sexually commercially exploited are considered “prostitutes.”

Regarding our cultural understanding and the language used to refer to the sex trafficking or commercial sexual exploitation of children, the public debate and sensitivity is rightfully attuned. The exchange of money does not sanitize predatory behavior or the resulting victimization and underlying exploitation of minors’ vulnerabilities. Laws must be enacted and enforced, on both the federal and state level that apply to buyers with penalties that reflect the seriousness of these crimes.