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Home>Archives for Awareness

August 23, 2010 by SHI Staff

Political Asylum for Trafficking Victims in the TVPA: Rule or Exception?

Full of hopes and aspirations, thousands of women and children end up trafficked into the United States each year by false promises of a better opportunity, school or the fulfillment of a vocational dream, only to later realize that they have been forced into sex slavery. This is a story we hear too often, but what legal action has been put in place to prevent these foreign victims from being trafficked? The Trafficking Victims Protection Act (TVPA) has helped numerous trafficking victims, domestically and internationally, however, I believe this Act could be revised to generate more aid and programs for international trafficking victims. The TVPA allows immigrant women and children to report crimes committed against them to law enforcement and grants political asylum to victims of trafficking through a temporary T-VISA. This T-VISA allows the trafficked persons to receive aid from the Federal government. There are several limitations within the TVPA that facilitate the revolving door  for trafficking victims; when they are deported it is most likely they will inevitably be subjected to human trafficking and sexual exploitation again in their home country.

The most prevalent critiques of the TVPA are:

1.      Victims must qualify as a, “victim of severe trafficking.”

2.      The victims must testify against their traffickers to receive asylum.

3.      If the victim is not deemed eligible for the T-VISA they receive no protection, safe housing, and are ultimately deported.

To be considered a victim of severe trafficking, adult victims must prove they were coerced by fraud or force into sex trafficking. Language and education barriers prevent many trafficked victims from being able to convey their specific situation. The Honorable Mark P. Lagon states the specific shortfall of the differentiation between severely trafficked victims and trafficked women in the hearing before the House Committee on Foreign Affairs, Out of the Shadows: The Global Fight Against Human Trafficking. Lagon asserts, “Despite global trafficking foci and flashpoints, there are no “lesser” victims of trafficking. Since TIP’s essence is groups denied equal dignity, let us not in our anti-TIP policy privilege some victims over others. They are all of equal value in humankind.”

Testifying for trafficking victims can be dangerous. In most circumstances traffickers threaten to kill victims’ families if they tell authorities about their captivity, so most remain silent. This also draws a clear distinction between international victims and domestic victims in that they are unable to receive assistance for their sexual exploitation through organizations who provide safe housing, protection from traffickers, medical and psychological attention, and training so victims can become functioning members of society.

When a victim of human trafficking has been determined a “severe trafficking victim,” or a prostitute, the care provided is drastically different. If a victim is unwilling to cooperate with the prosecution of the trafficker or is determined a prostitute by the Attorney General only after cooperating with federal and local law enforcement officials, deportation is most often their fate. But at what point does a victim of severe trafficking and prostitution cross? Is it only minors that are victims of trafficking?

During the “Out of the Shadows” hearing Mark Lagon states, “First of all, if lured into the sex trade as a minor, does it suddenly become a choice the day someone turns 18? Moreover, we know that numerous adult females in the global sex trade are subject to force, fraud, or coercion – including subtle psychological terror and trickery – making them trafficking victims even under the strict standards of the Palermo Protocol.” Yet this standard does not extend to the TVPA.

Ambassador at large, Luis CdeBaca, from the Office to Monitor & Combat Trafficking in Persons of the U.S. State Department, declares the Office’s goal is to, “Strengthen trafficking victims’ protection and assistance by encouraging cooperation between governments and NGOs, and enhancing the capacity of civil society organizations so they might provide comprehensive services that fully address the needs of victims. We will support evidence-based research to evaluate the impact of our programs and fill core data gaps. We will partner with the private sector to leverage resources and expertise to develop innovative solutions to this age old problem.” To echo the advice of CdeBaca, Lagon also insists the utilization of services such as, “NGOs and more efficacious international organizations – like the International Organization of Migration (IOM)” to aid in the support and protection of sex trafficking victims.

To mirror the suggestions of the anti-sex trafficking movement, there needs to be more services available to victims of this tragedy. Turning away victims because they do not fit into specific criteria is counter-productive. The greatest majority of women and children do not choose this life; they are virtually always thrown into this situation by force, coercion, or economic disparities they cannot overcome. Currently, political asylum is not the rule it is the exception; this should be altered so we treat every sexually exploited human as a victim.

August 23, 2010 by Guest

Anti-trafficking report: Jamaica

When most people think of Jamaica, they think of sitting on a beach with clear water, white sand, palm trees, and reggae music playing in the background. Few people would think of a 13 year old girl living in poverty, being forced into prostitution by her brother. Unfortunately, this is not uncommon in Jamaica where sex tourism, poverty and unemployment fuel the forced prostitution of minors. In June the U.S. State Department released the 2010 Trafficking in Persons (TIP) report. The report ranks countries as Tier 1, Tier 2, Tier 2 Watch List, or Tier 3 (more info). This year, Jamaica was ranked Tier 2. Due to a high economic dependance on sex tourism, Jamaica will have a difficult time attempting to reduce their human trafficking problem.

History of Trafficking in Jamaica

In the beginning stages of formulating a plan for dealing with sex trafficking and child prostitution, Jamaica was ranked Tier 2 in 2003. The Ministry of Health began inspecting sex clubs and other places where minors were suspected to be employed. The Child Care and Protection Act (CCPA) passed in 2004, however trafficking was only in one section of the legislation. Because of this Jamaica was placed on the Tier 2 Watch List due to the lack of implementation by the government to combat human trafficking.  In 2005 Jamaica was ranked Tier 3, because there was “no discernable action taken.” In light of being placed in Tier 3 and under pressure from the U.S., Jamaica conducted public awareness campaigns, created a task force, and increased law enforcement efforts. In 2007 Jamaica passed a comprehensive act called the Trafficking Act of Jamaica, which prohibited the trafficking of persons, including minors, for commercial sexual exploitation. Due to this legislation, Jamaica returned to Tier 2 and has maintained the rank for the past four years.There are many problems in Jamaica that make combating sex trafficking difficult. Jamaica’s garrison communities are not effectively controlled by the government, instead crime bosses or “Dons,” rule these poverty stricken areas and violently promote their criminal agendas. The Jamaican government has difficulty enforcing laws in these areas as many people fear the Dons more than the government. Jamaica also suffers from extreme poverty and over 14.5% unemployment. In 2007 a report on Jamaica identified poverty and unemployment as the main causes of sexual exploitation in Jamaica. Shared Hope International’s (SHI) 2007 “DEMAND” report stated that Jamaica’s heavy economic reliance on tourism fuels demand for commercial sex.

TIP Report Evaluation

The 2010 TIP report ranked Jamaica a Tier 2 country. Jamaica is a source, transit, and destination country for women and children specifically for forced prostitution. Poor women, girls, and increasingly boys, are being forced into prostitution in mostly urban and tourist areas due to the popularity of sex tourism.

Prosecution– No progress. In 2009, few traffickers were prosecuted, none were confirmed to be convicted, and many disappear on bail.

Protection– Some progress. In partnership with an NGO, the Jamaican government plans to partially fund three new shelters. Victims were generally not punished for trafficking related violations.

Prevention– Some progress. The government funded anti-trafficking campaigns in schools and libraries and funded one NGO to raise awareness among youth in rural communities.

Reactions and Responses

The government of Jamaica has not made a negative statement about the report or ranking, however there have been some comments made from newspapers and other sources about whether America has the authority to grade others’ progress. A commentary in the Jamaica Gleaner stated, “…I find it counterproductive for the US to stand in judgment of the world when the very evil it purports to eradicate is happening in abundance in its backyard.”(Quill). Although the U.S., like other countries, could always do more, the U.S. is doing a great deal to comply with the UN protocol to prevent, protect, and prosecute. For most countries this data may be useful in creating a strategy to combat human trafficking, or could serve as a wake up call to speed up policy formation. The report is not perfect, and politics guided the ranking of some countries. However, in the case of Jamaica, the ranking seems fair given the undeniable trafficking problem due to poverty, unemployment, and demand from the sex tourism industry.

Shared Hope International Efforts in Jamaica

Jamaica was one of the four countries investigated for SHI’s 2007 “Demand.” report on trafficking markets. Information from this report was submitted to Jamaica’s Constabulary Force which resulted in the rescue of a 14 year old girl.

Two partners in Jamaica currently provide shelter and services for victims. Theodora House and Project in Negril includes a shelter and a computer center to help provide vocational training. Additionally, SHI supports Hebron House, which is a home-like shelter which serves sexually exploited girls.

What Now?

SHI staff take advantage of the skills learned by the WIN students!

With the release of the report and the ranking for Jamaica remaining the same for the 4thyear now, I hope that more will be done to combat this exploitive practice. Police must be trained in trafficking recognition, vigorously pursue traffickers, and conduct thorough investigations into suspected cases. Increased public awareness programs are necessary not only for residents but also sex tourists who come to Jamaica year round and and create demand for commercial sex with young girls. However, with extreme poverty, crime, limited resources, and increasing demand, these changes are going to be no easy task. That is why non-profits, NGOs, politicians, and grassroots organizations can not stop advocating for and supporting these women and children who can not speak for themselves.

If we do not stand up and defend them, then who will?

August 23, 2010 by Guest

Anti-Trafficking Report: India

The 10th annual Trafficking in Persons report (TIP report) was released in June and placed India on the Tier 2 Watch List for the seventh consecutive year.  However, India should drop to Tier 3 because of all the corruption of political and law enforcement officials as well as the lack of arrests, prosecutions, and services provided by the government.

Historically, India has been known to be a source, transit, and destination country for human trafficking.  All types of human slavery occur within the country—labor, sex, domestic victims, foreign victims, trafficking of men, women, and children.  The history of India’s human trafficking issue varies by region.  For example, in Mumbai exists the largest red-light district in Asia—Kamathipura.  The area first began as a place for British troops to relax and “be comfortable.”  In about the 19th century, women and girls were trafficked to work as prostitutes for the British and Indian men.  The British eventually left India and the region was taken over by Indian sex-workers and traffickers.  More recently, many women and girls from Nepal are also trafficked into Kamathipura to work as sex slaves.  It will take a lot of patience and hard-work to undo what was begun in Kamathipura.  That is just one story of  the MANY large red-light districts in India.

This year’s TIP report contained a comprehensive summary and many statistics on human trafficking in India. To access the full report on India click here, for a brief summary see below:

–        Only a few states (such as Andhra Pradesh and Tamil Nadu) showed significant improvement in enforcing laws

–        The amount of police corruption that occurs in India is large and rampant

–        NGOs are the key players in the anti-trafficking movement

–        India has a slow & backed-up court system that contributes to injustice

–        Some laws meant to rescue, restore, and protect victims are used to punish them (Section 8 of the ITPA and the Foreigner’s Act)

–        38 AHTUs (Anti Human Trafficking Units) in police departments are responsible for investigating human trafficking cases, and are meant to be comprised of specially-trained police officers

–        There have been recently more prosecutions fully processing in places such as Delhi (several stories mentioned in the TIP report)

SHI Staff with the lovely ladies at Ashagram

India has been put on the “Tier 2 watch list” in the TIP report  for the seventh consecutive year.  This ranking is the second to lowest in which “the government does not fully comply with the TVPA’s minimum standards, but is making significant efforts to bring themselves into compliance with those standards,” and there is either an increasing number of victims or little to no evidence of efforts to combat slavery.

“Why has India been on the watch list for so long and not dropped to a Tier 3?”  It is rumored that our diplomatic relations prevent India from dropping to Tier 3.  However, since amendments were made by the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, India may drop to a Tier 3 next year.  The amendment states that any country that has been ranked Tier 2 Watch List for two consecutive years (beginning from the time of the 2009 report) and that would otherwise be ranked Tier 2 Watch List for the next year will instead be ranked Tier 3 country, thus facing sanctions.

India has the necessary legislation to tackle human trafficking through prosecution of traffickers/clients and provision of services to victims.  Unfortunately, these laws are ineffectively enforced and traffickers often go unpunished and victims are often left unassisted.  Legislation is sometimes used against victims, such as Section 8 of the Immoral Trafficking Prevention Act (ITPA) which prohibits the act of solicitation for prostitution.  It was used in some states to detain and penalize women in prostitution that often included trafficking victims (several state governments – such as Andhra Pradesh and Tamil Nadu – discouraged its use).  The TIP report repeatedly noted that NGOs are leading the fight against human trafficking because the Indian government is slow, corrupt, and seemingly powerless.

Shared Hope International was  initially founded to respond to the horrors of sex-trafficking in India.  Just 2 hours north of Mumbai (Bombay), Shared Hope International funds Bombay Teen Challenge to operate the 72-acre Village of Hope in India called “Ashagram.”

Ladies of the WIN program proudly
show their products.

At the Village of Hope more than 140 female survivors of sex trafficking are provided with safety, security, medical care, emotional care, literacy training, educational training, and access to vocational facilities that provide a variety of options for economic development through the WIN program.  Shared Hope also partners with Bombay Teen Challenge to operate a HIV/AIDS clinic that serves more than 2,000 people in and around the brothel district of Mumbai each year through providing protein packed meals, counseling, ART (anti-retroviral treatment) and other services.  These programs have seen many women, like Ganga, become fully restored women who return to the brothel district to help others survive their victimization.

To include all information about India’s anti-trafficking efforts would take a long time since India is a country of 1 billion people. I encourage you to even go beyond the links to educate yourself on the issue of human trafficking because it is a very important step in ending modern-day-slavery.

August 23, 2010 by Guest

Combating Sex Trafficking in Nepal: A Modest Effort

Known as the “Himalayan paradise,” Nepal is home to the most magnificent tourist locations in the entire world, including the legendary Sherpas and Mount Everest. Yet lurking behind the majestic scenery and peaceful mountain terrain, a lucrative industry of modern-day slavery (that is sex trafficking) thrives.

Shared Hope staff with Mithi, a survivor of trafficking, on her wedding day!

Nepal’s history of sex trafficking can be dated back to the royal Rana family regime of 1846. The Ranas targeted beautiful girls and demanded that they work in their palaces, at times enticing some to become concubines. If the girl refused, she and her family would be beaten. When the Rana family lost power in 1950, they fled from Nepal and traveled to neighboring India. To support their affluent lifestyle, the Ranas prostituted their women. As the demand grew, the Ranas recruited women from the surrounding areas, including Nepal, beginning the now thriving sex trafficking industry between Nepal and India.

Nepalese women have also been governed by Nepal’s deeply embedded traditional patriarchal value system, where women were and are treated as mere luxuries and second-class citizens.  Within Nepal, men have always been looked upon with greater importance than women. Nepal is broken up into lower and higher casts of society. The lower cast of Nepal is called the Dalit community, which amounts to over 20 percent of Nepal’s population. These individuals are denied access to land and subject to exploitative labor and segregation. Among this group, almost all of the women and children are illiterate and receive little if any pay for their work. They are easily coerced with hopes of a better job and better life outside of Nepal.

A third contributing factor in Nepal’s human trafficking problem is the struggling economy. As one of the poorest and least developed countries in the world, Nepal’s per capita Gross Domestic Product is only $1,500. Roughly 38% of Nepal’s population lives below the poverty line with approximately 42% unemployed. Such high rates of unemployment and extremely low family income create vulnerable women and children.  Traffickers offer false hope of a better life to poor and hopeless individuals and lure them into a life of utter desolation.

In an effort to attack this modern-day slavery within its borders, Nepal has enacted laws, domestically and internationally, to combat sex trafficking of women and children. Domestically, Nepal’s Interim Constitution (2007), provides that, “No physical, mental or any other form of violence shall be inflicted to any woman.” Later: “Traffic in human beings, slavery or serfdom is prohibited,” and that “Forced labor in any form is prohibited.” In 1986, the Fundamental Features of the Trafficking of Persons Control and Punishment Act was established which is a law “to combat the growing menace of trafficking in women and girls for prostitution.” In 1992, the Children’s Act was issued, which contains regulations on child labor laws, specifically in regards to sexual abuse. In 2000, the Child Labor Prohibition and Control Act of 2000 was established, prohibiting any work done by a child under fourteen; and forbids any false presentation or coercion to get a child to work. Finally, in 2007 the Trafficking in Persons and Transportation (Control) Act was enacted, providing that all forms of trafficking are prohibited within Nepal and punishable with imprisonment of up to 20 years. The act also provides a one to three months penalty imprisonment for brothel customers.

Internationally, Nepal has taken strides to sign on to legislation suppressing any and all forms of trafficking women and children. Nepal ratified the UN Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others and also signed the Convention on Civil and Political Rights, making trafficking of girls illegal. On January 26, 1990, Nepal signed the Convention on the Rights of the Child which provides that trafficking in young girls is illicit and makes illegal economic exploitation, sexual exploitation, torture, inhumane and degrading treatment of children.

Shared Hope staff with Mithu, a survivor of trafficking,
on her wedding day!

When Shared Hope began its ministry of rescuing and restoring trafficked young women and children in Nepal, it was evident that the victims rescued from their traffickers desired to return home.  Shared Hope’s wanted to make that wish come true.

In 2005, Shared Hope established and is now funding the Village of Hope “Asha Nepal,” 45 minutes outside of Kathmandu. At the Village of Hope, women receive vocational training, formal and non-formal education, and counseling. In fall 2009, Shared Hope International funded a grant that allowed high-level Christian schooling for the children at the Village of Hope in Nepal, reducing the young women and children’s chances of being lured into unsafe environments. Village of Hope is a home that can protect once trafficked Nepalese girls and helps them to acquire skills and education necessary to build a new life once again. One of Shared Hope’s most successful survivors is Renu, who was drugged by her foster brother and forced her into prostitution at 14 years.

In the 2010 Trafficking in Persons Report, the US State Department again placed Nepal as a Tier 2 country, stating that while “…Nepal does not fully comply with the minimum standards for the elimination of trafficking… it is making significant efforts to do so despite limited resources.” While Nepal serves primarily as a source country, there is evidence that its role as a destination country for child sex tourism is growing steadily. Normally the lower and poorer casts of society are the targets for traffickers but recently, traffickers have also been targeting the educated and high castes of society as well.

Renu with our amazing ladies of hope in Nepal

The government of Nepal has made modest efforts to prosecute traffickers, support victims and prevent trafficking in persons yet is seeing minimal results. During the reported year, Nepal saw only twelve convictions against human traffickers (two less than the previous year). In trying to protect victims of trafficking, Nepal lacks any “formal system of …identifying victims of trafficking.” In the rare blind raids conducted by local and government officials, victims are identified as prostitutes rather than trafficking victims and are thus deported or arrested. If victims are identified as trafficking victims, they normally refuse to testify against their traffickers because Nepal lacks the necessary resources to protect them. Nepal is attempting to prevent human trafficking within its country and even has at its disposal a national task force to combat trafficking in persons; but the lack of resources has made the task force and Nepal’s efforts have very minimal results.

Nepal’s ranking is a fair and generous assessment. While results have been nominal, it is not attributed to Nepal’s desire and willingness to see the problem of human trafficking eradicated. However, if Nepal is to remain a tier two country, it must increase its efforts to educate first responders to victims and increase its protection for victims once discovered. Nepal also can not allow any complicit actors among government and local officials. In the reported year, zero prosecutions or convictions were leveled against those local and government officials who help traffickers and sometimes are the owners and runners of brothels.

Secretary of State Hillary Clinton called the problem of Human Trafficking “a catalogue of tragedies that the world cannot continue to accept.” It is time for Nepal to take greater strides in its efforts to protect victims, prosecute traffickers and fight against those who are sympathetic to the heinous crime of human trafficking.

August 23, 2010 by Guest

Anti-Trafficking Report: Fiji

Fiji — A country of beautiful tropical islands that holds many secrets and the tragedy of modern-day slavery.  Political instability has gripped Fiji for at least the past 20 years. In April of 2009, then President Iloilo completely dismantled the country’s constitution. The current Prime Minister Bainimarama, who led a coup in 2006, and President Nailatikau now enforce a military government, restrict freedom of speech, and are delaying any elections until 2014 at the earliest.  Despite the precarious political situation, according to the US State Department’s 2010 Trafficking in Persons (TIP) Report, a hopeful amount of progress in the fight against sex trafficking occurred this past year.

Fiji is both a source and destination country for sex trafficking. Fijian children are trafficked into commercial sexual exploitation by family members and taxi drivers, while deceived Chinese women are sex-trafficked into the country using student or tourist visas. In an effort to eliminate trafficking, in 2009, the old Penal Code was replaced with the new Crimes Decree, which defines trafficking as a crime of compelled service that does not necessarily involve crossing a border or otherwise moving a victim.  Additionally, the government began training law enforcement officers and held anti-trafficking conferences, which significantly increased publicity about the presence of human trafficking. The 2010 TIP Report notes this progress, but clarifies that Fiji is on the Tier 2 Watch List because trafficking offenders have yet to actually be investigated or convicted. Also, a formal system for victim identification or of referrals to NGOs, like Shared Hope International’s partner in Fiji, has not been implemented.

Due to the unstable government and the restriction of the media to cover these issues, I would concur that the 2010 TIP Report’s rating of Tier 2 Watch List is appropriate.  Considering the precarious nature of the political situation, I think it is an accomplishment that Fiji managed to remove itself from the 2009 Tier 3 ranking and move up one level to the Tier 2 Watch List. The reality that a questionable government decided to pass a comprehensive anti-trafficking law sheds some hope on the future of the fight against trafficking in Fiji. Now, we hope that we don’t have to wait much longer until the government takes action to justly enforce the legislation while protecting and providing services to victims of trafficking.

Shared Hope International is presently active in Fiji through the provision of resources to fund a Village of Hope and the Women’s Investment Network (WIN) program. The Village of Hope has room for over 200 women and children who are victims or at high risk of sex trafficking, serving as a place of refuge and personal restoration.  The Village offers training for marriage and parenting, provides housing in residential homes, and encourages Christian discipleship. Additionally, it operates within an environment modeled after extended family relationships. The WIN program teaches vocational skills and seeks to enable women towards full recovery and reintegration back into the community.  Participants help operate a bakery, flower business, and hospitality center, and are given the chance to be trained as teachers.

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