Shared Hope International

Leading a worldwide effort to eradicate sexual slavery...one life at a time

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Unanimous Bipartisan Support Results in Passage of 5 Anti-trafficking Bills

Shared Hope commends Congress’ support of critical anti-trafficking legislation, marking a monumental achievement for anti-trafficking advocates

PRESS RELEASE

Arlington, VA (May 21, 2014)—Shared Hope International, a leading anti-trafficking organization, commends the remarkable bipartisan support of the U.S. House of Representatives in passing a series of five bills that will strengthen America’s response to child victims of sex trafficking. The bills include:

  1. H.R. 3530, Justice for Victims of Trafficking Act (JVTA)
  2. H.R. 3610, Stop Exploitation Through Trafficking Act of 2013 (SETT)
  3. H.R. 4058, Preventing Sex Trafficking and Improving Opportunities for Youth in Foster Care Act
  4. H.R. 4225, Stop Advertising Victims of Exploitation Act of 2014 (SAVE)
  5. H.R. 4573, International Megan’s Law

“We’re excited to see a growing intolerance for the factors that make trafficking flourish: demand for commercial sex with minors, online classified sites that facilitate the sale of children, and a disregard for the protection from exploitation of homeless, runaway and foster youth,” Linda Smith, President and Founder of Shared Hope International said.

Shared Hope International worked closely with the sponsors and co-sponsors of the bills, especially Shared Hope 2013 Pathbreaker Award recipient Rep. Judge Ted Poe, to draft and secure support for H.R. 3530, the Justice for Victims of Trafficking Act. The bill includes key provisions to deter demand for commercial sex with minors by clarifying the current sex trafficking law; encouraging police, prosecutors, judges and juries to target and punish buyers; and reducing affirmative defenses under the Mann Act for buyers by requiring them to show clear and convincing evidence that the buyer believed the child was an adult.

“Shared Hope International’s demand research, promotion of pioneering efforts of federal prosecutors to prosecute buyers, and encouragement of federal legislators to solidify these gains through statute has been fortified through the critical demand provisions addressed in the Justice for Victims of Trafficking Act,” Smith said. “This monumental victory aligns advocacy efforts, legislative priorities and law enforcement tactics to create an unshakable foundation of protection for America’s victimized and vulnerable.”

Congress’ unanimous support for five anti-trafficking bills is a reflection of the prioritization of child sex trafficking by federal legislators, initiated substantially by the leadership of Rep. Chris Smith, the original author of the foundational anti-trafficking law, the Trafficking Victims Protection Act of 2000 (TVPA). Today, as the scope and sophistication of trafficking networks advance, so do legislative solutions. The passage of International Megan’s Law tracks with global concerns about traveling sex offenders and the widespread problem of child trafficking. H.R. 3610, the SAVE Act, recognizes the increasing role of online classified websites in facilitating child sex trafficking. H.R. 4058 attempts to block the foster care to trafficking pipeline.

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Traveling Sex Offenders Pose Significant Risk to Destination Countries

By: Eion Oosterbaan

In May 2014, the United States Mission to the European Union in Brussels, Belgium hosted a strategy meeting focused on information-sharing regarding traveling sex offenders (TSOs), who play a large role in the ever-growing presence of International Sex Tourism and Human Trafficking. Eion Oosterbann attended as an observer on behalf of Shared Hope.

interpolmapIn attendance were more than 70 people from over 15 countries representing  government, law enforcement and non-governmental agencies.  The purpose of this strategy meeting was to discuss the activities of the countries represented with respect to tracking the travel of TSOs from one country to another and notification of that travel to destination countries. It should be noted that it was accepted as a premise that the problem of TSOs is linked to the problem of human trafficking, particularly the trafficking and sexual abuse of children.

It was clear at this meeting that U.S. law enforcement is tracking TSOs and providing notice to destination countries with a great deal of effectiveness (offenders against children). The U.S. is aided by its sex offender registration laws. The United Kingdom, Australia and Canada have similar laws and also address the problem effectively. Most other countries do not, but there seems to be broad interest amongst these countries in finding ways to provide and receive notice of TSOs. This universal determination is due to a recognition amongst governments that child sex offenders who travel to foreign countries pose a real risk to children in destination countries, particularly in destination countries with significant trafficking problems. However , the European Commission is not likely to enact legislation to register sex offenders due to privacy rights concerns. Without such legislation in countries, it would be difficult to track and provide notice of TSOs.

There are a number of legal and practical impediments to establishing a global notification system. The legal issues include privacy rights, which is a critical issue for certain European countries. The practical issues include problems of availability of data, lack of central control of data, reliability of data, and the timeliness of delivering of data and, accordingly, notice to destination countries.

By the end of the meeting it was clear that many gaps and needs must be resolved before a global notification structure and process for TSOs can be developed. Having discussed the diversity of conditions among the countries present, it was agreed that going forward the group’s strategy must be bifurcated to address countries that can and will monitor sex offenders on the one hand and those countries that cannot on the other. For the countries with privacy concerns standing in the way, arguments must be put forth that show the interests of protecting children outweigh privacy interests of offenders. Countries with an effective track record in registration and monitoring will help put forth these arguments with compelling examples and outcomes to be used by advocates in non-registration countries. For the countries already registering and/or monitoring, it was agreed that certain principles and objectives discussed at the meeting would be set out, drafted and shared by organizers with a view toward further discussion on specific steps and measures going forward. It is expected that this document will be shared shortly.

Due to Shared Hope International’s mission to prevent, restore, and bring justice in the effort to eradicate human trafficking worldwide, this issue lies directly within its realm.  Looking at it from a macroeconomic perspective, Shared Hope has identified and targeted the demand for victims (buyers) as the entity that allows human trafficking/ sex tourism to exist and thrive.  Simply put, without demand there would be no supply.  Therefore, the establishment of a global notification structure for Traveling Sex Offenders would serve as a significant obstacle to the demand and source of revenue for human trafficking.

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Buyer Beware: Legislators Tighten Laws to Target Buyers

capitolRep. Judge Ted Poe and Senator John Cornyn cross-filed the End Sex Trafficking Act of 2013 on July 24, 2013.  The bill has the purpose of clarifying the federal Trafficking Victims Protection Act (TVPA) and its criminal provision, 18 USC 1591, to include actions by buyers – through the verbs “patronizes or solicits” – as offenses of sex trafficking.

Pending federal court cases in South Dakota ended with the 8th Circuit Court of Appeals decision issued in January 2013 holding that the plain language of 18 USC 1591 includes the actions of buyers through the terms “entices” and “obtains” primarily.  Nonetheless, concern remained that the federal law was not sufficiently clear in its intent to include ALL of the actors in the crime of sex trafficking, including buyers. Federal legislators intend to clarify without a doubt that the actions of buyers – demand – is part of the trafficking crime.

This amendment is the product of years of advocacy by Shared Hope and our anti-demand colleagues.  Recently, Shared Hope International’s senior policy director Samantha Healy Vardaman and policy counsel Christine Raino authored a law review article published in the University of Memphis Law Review Summer 2013 publication titled Prosecuting Demand as a Crime of Human Trafficking: The Eighth Circuit Decision in United States Vs. Jungers.

The article presents “the case that buyers and attempted buyers of commercial sex acts with minors—including prostitution, pornography, and sexual performance—engage in trafficking activities essential to the crime of trafficking. The Eighth Circuit decision in the Bonestroo and Jungers cases will greatly bolster the ability of prosecutors and law enforcement to combat and deter sex trafficking of minors in America.”

Shared Hope has been undertaking the Demanding Justice Project to emphasize the need for legislation and prosecution that target buyers of sex with children.  This research addresses states’ enforcement of laws analyzed under the demand component of the Protected Innocence Challenge.  Phase one of the project – a national desk review of buyer cases identified and tracked through the court process – will be featured at Sharing the Hope 2013.  The Pathbreaker Awards Gala will also be featured at the event.  This year’s Pathbreaker Award recipients are those who have developed innovative strategies to combat demand: Vednita Carter, Assistant U.S. Attorney Cynthia Cordes, and Rep. Ted Poe.

To read Rep. Poe and Sentor Cornyn’s End Sex Trafficking Act of 2013, follow the links below.

View the House Bill.

View the Senate Bill.

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Anti Sex Trafficking Double Header: Amending the TVPA and CDA

Congress Files Bill to Amend TVPA to Combat Demand; State Attorneys General Ask Congress to Amend CDA

Arlington, VA— Today Government officials are taking two pathbreaking actions in the fight against demand for and online facilitation of sex trafficking.

Attorney General Letter Asking Congress to Amend the CDA

  1. A bill addressing demand, those individuals buying sex with trafficked women and children, will be filed today to amend the Trafficking Victims Protection Act (TVPA) to clarify the range of conduct punished as sex trafficking to include the conduct of buyers. Representatives Poe, Granger, Maloney, and Nolan and Senators Cornyn and Klobuchar are sponsoring the bill. The bill adds just two verbs to clarify the reach of the law: “patronize” and “solicit,” but will be a critical clarification of the intent of Congress to prevent, deter and punish demand.  The bill also directs the U.S. Attorney General to engage the efforts of existing task forces and working groups to increase the investigative capabilities of state and local law enforcement in the investigation and prosecution of demand.
  2. Forty-seven state attorneys general and the National Association of Attorneys General (NAAG) are endorsing and circulating a letter to Congress advocating to amend the Communications Decency Act of 1996 (CDA) to remove the barrier to state prosecution of online businesses in violation of trafficking and prostitution offenses.  Section 230 of the CDA, title 47, U.S. Code, provides criminal and civil immunity to Internet content providers, even when they allegedly participate in illegal activity. As a result, online classified advertising sites, such as Backpage.com, that have created a virtual marketplace for prostitution and child sex trafficking. Advance Interactive Media (AIM) Group estimates that online commercial sex ads will generate over $45 million in revenue this year, with over 80 percent of profits earned by Backpage.com. This change is particularly timely because sex trafficking has largely moved from the streets to the Internet. The amendment proposes adding just two words to extend to state and local governments the ability to investigate whether these organizations are aiding and abetting prostitution or related crimes.

“Buyers of sex with trafficking victims and executives facilitating online commercial sexual exploitation like those at Backpage.com are evading criminal culpability for their role in domestic minor sex trafficking. Amending these federal laws will close the noose on buyers and facilitators and bring justice to the countless children that are bought and sold for sex,” said Shared Hope International President and Founder, former U.S. Congresswoman Linda Smith. “We applaud these government officials for bravely taking action to bring our laws closer to the intentions of our nation’s leadership.”

 

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State Department reaches out to Interns to Spread Trafficking Awareness

Written by: Jessica Garber – Intern at Shared Hope International 

An overview of the Fifth Annual Intern Roundtable on Trafficking in Persons, hosted by U.S. State Department, to which Shared Hope International sent representation.

TIP-roundtable
The official Office to Monitor and Combat Trafficking in Persons’ Twitter account: @JTIP_State

Monday, July 22nd, Senior Advisor to Secretary Kerry and head of the Office to Monitor and Combat Trafficking in Persons of the U.S. Department of State, Ambassador Luis CdeBaca hosted the Fifth Annual Intern Roundtable on Trafficking in Persons. Representatives from organizations across the Metro area were gathered for the event, some of whom had never learned about the issue of human trafficking until that very day. The unique part of the event is that it was about far more than numbers and more than the tier-rankings that appeared in the 2013 Trafficking in Persons Report—it was purely about the importance of joining the effort to combat worldwide human trafficking.

Ambassador CdeBaca spoke directly to my fellow interns and I, who are working with trafficking awareness groups, saying that many professionals in this area believe that they will one day be working next to us as colleagues. However, Ambassador CdeBaca inspired the audience by declaring that we have already joined the fight as colleagues by dedicating our time and energy to this stringent issue, empowering the future professionals in this area. He proceeded to tell a story of a young woman who was being trafficked and did not speak English, and every day when her trafficker would leave she would sneak the English dictionary and write a few words down on a piece of paper. After a few weeks, those groups of written words formed a note for help, which she tossed over the fence of the residence where she was being held captive. Because of her refusal to give up and determination to communicate this issue to others, help found her note and her life was forever restored.

It is groundbreaking stories such as this one that we don’t hear when we read a statistic that states the number of victims. Special Agent David Rogers, a panelist, remarked that this number of victims is in existence and it is not going away; therefore, we should remove our focus from trying to decipher this total and focus our energy on trying harder to eliminate the issue altogether. He advocated for a victim-centered approach to become the “norm” in our society, and that these women and children are being sold are victims, and if given the chance would give anything to lead a better life. Agent Rogers also discussed how human trafficking is so unique from other crimes because the damage that is imposed upon the victims is psychological—an extreme detriment to mental health, and even brain development in child victims.

Ambassador CdeBaca concluded posing a powerful inquisition: when these victims run toward freedom and walk into their new lives, will we walk with them? That is what we need to make our life mission—speaking for those who cannot.

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