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Home>Archives for Justice Programs>Legislative Action Center

March 21, 2017 by Sarah Bendtsen

Domestic Minor Sex Trafficking is a Form of Child Abuse

Nine states are working on laws this year to ensure that the definition of child abuse includes the crime of child sex trafficking.  You can take action to support these bills!  See the list of those 9 states below.

Why does this definition matter?

As a nation, comprised of both federal and autonomously-acting state law, we have collectively acknowledged through legislation that domestic minor sex trafficking (DMST) is a horrendous sexual crime in and of itself. Yet, at the heart of child sex trafficking is the recurrent rape and molestation of a child.

Subtracting the monetary exchange, we would label the crime as child sexual abuse, sexual assault, and rape.  Yet, only 23 states define child sex trafficking, in all its forms, as child abuse. This fails to fully identify the dynamics of the crime.  Most importantly, however, failing to identify DMST as a form of child abuse interferes with a systematic and consistent child protective response.

[easy-tweet tweet=”Only 23 states define child sex trafficking, in all its forms, as child abuse.” user=”SharedHope” hashtags=”StoptheinJuSTice”]

Providing a systematic response to survivors

Following extensive legal research and gathering of field guidance, Shared Hope’s JuST Response Council released the Protective Response Model, a composition of emerging best practices for responding to child sex trafficking. Amongst the numerous practices that have proven successful and victim-centered is equipping child welfare systems with the tools, knowledge, and structure to provide coordinated screenings, protection, and services to child victims of sex trafficking.

However, without amending the definition of child abuse to include all forms of child sex trafficking, child welfare agencies are unable to respond in such cases. The alternative scenario is local and state stakeholders are forced to piecemeal together a service response for victims. At best, this response will vary child-to-child. At worst, and most realistic, most children are not afforded a response at all.

[easy-tweet tweet=”When the definition of child abuse doesn’t include child sex trafficking, child welfare is unable to respond.”]

Further, amending the definition of child abuse to include all forms of child sex trafficking, including trafficking that occurs at the hands of a non-familial perpetrator, aligns state law with the federally-enacted Preventing Sex Trafficking and Strengthening Families Act. As a result, the federal Act and state-led responses have served as goalposts for the remaining 27 states that have yet to acknowledge this form of violence as child abuse.

While the secondary, service-oriented responses vary largely state-to-state, amending the definition is a vital first step in opening the door for a coordinated, child welfare response. This statutory foundation is the building block for developing a victim-centered, individualized service plan for any and all children who are victims of sex trafficking. Ensuring that all 50 states and D.C. include DMST as a form of child abuse will close national legal holes and prevent some child victims from falling through the cracks.

Take Action!

This legislative session, Shared Hope is excited to be supporting nine states with pending legislation that would remove barriers to child welfare involvement. Please join us in taking action to ensure child sex trafficking victims in the following states can be identified as victims of child abuse, regardless of the offender’s familial status to the child:

  • Arizona, House Bill 2238
  • Arkansas, Senate Bill 271– PASSED!
  • Hawaii, House Bill 1099/Senate Bill 965
  • Idaho, Senate Bill 1005– PASSED!
  • Maryland, SB 308/HB 632
  • Maryland, SB 912/ HB 1219
  • Missouri, HB 1112
  • New Jersey, Assembly Bill 2906
  • Tennessee, Senate Bill 553/House Bill 615

[easy-tweet tweet=”9 states states are working to amend the definition of child abuse to include child sex trafficking.” user=”SharedHope”]

February 17, 2017 by Sarah Bendtsen

Buyers of Sex with Children are Trafficking Offenders

On January 27th, Shared Hope launched the Stop the InJuSTice campaign to advocate for state laws that prioritize victim protection and buyer accountability. Since the Protected Innocence Challenge (PIC) commenced in 2011, state action on domestic minor sex trafficking (DMST) has increased exponentially. Shared Hope has worked with over half of the U.S. states to craft, enact, and strengthen bills that address state-specific recommendations made in the Protected Innocence Challenge (PIC) Analysis and Recommendation Reports. The result has been an unceasing increase in state grades, and most importantly, a national trend towards more comprehensive and protective responses for child victims of sex trafficking.

While many states have committed to tackling some of the more nuanced areas of DMST, nationally, we need to reaffirm our vow to addressing the complexities of this violence. 44 states and D.C. have child sex trafficking laws that differentiate between the sex trafficking of adults and children, and have shifted the evidentiary burden accordingly. However, of those 44 states and D.C., only 11 states have included language within their core sex trafficking law that specifically applies to buyers of sex with children.  This gap conflicts with the reality of DMST— buyers play a fundamental role in the crime of sex trafficking—without buyers there would be no victims. Failing to recognize the equal role buyers play in creating a marketplace that survives on the sexual abuse, violence, and commercial exploitation of children, also limits which children can be identified as victims of sex trafficking. This limitation directly impacts which children can receive the protection, services, and access to justice that is specifically provided for victims of sex trafficking.

[easy-tweet tweet=”As a nation we need to reaffirm our vow to addressing the complexities of this violence.” hashtags=”StoptheinJuSTice, PIC” url=”http://bit.ly/2kGNljL”]

We are thrilled to announce that, through the Stop the InJuSTice campaign, Shared Hope is currently supporting five states that have introduced legislation this session that, if enacted, would include buyer conduct in the law as a core human trafficking offense:

  • Colorado HB 1072 (Sponsor: Representative Lawrence)
  • Connecticut HB 6632 (Sponsor: Representative Kokoruda)
  • Georgia HB 341 (Sponsor: Representative Reeves)
  • Nebraska LB 289 (Sponsor: Senator Pansing Brooks)
  • Oklahoma HB 1832 (Sponsor: Representative Osborn)

[easy-tweet tweet=”Shared Hope is currently supporting bills in 5 states that would clarify that buyers are trafficking offenders.” url=”http://bit.ly/2kGNljL “]

We need your help to ensure these bills pass!  You can support these bills, and many more, at our Stop the InJuSTice campaign site. Simply go to the site, find your state on our interactive action map, and take one of these actions:

  1. Call your legislator with our call script.
  2. Share our social media posts about your state legislation.

Together we can ensure that buyers of sex with children are culpable offenders under your state’s human trafficking offense!

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