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Home>Archives for Justice Programs

September 9, 2015 by SHI Staff

Success! Three Trafficking Victims Granted Their Day in Court Against Backpage

WA Supreme Court

On September 3, the Washington Supreme Court issued a much anticipated order that will allow three domestic minor sex trafficking victims their day in court against Backpage.com. This marks a critical blow to the online classified giant’s claims of immunity under federal law and could lead to thousands of victims gaining access to justice against online facilitators at last.

In July 2012, three child sex trafficking victims who were advertised on Backpage.com filed a lawsuit against Backpage.com for its role in their exploitation. Backpage.com asked the court to dismiss the case, citing immunity under the Communications Decency Act. The Washington Supreme Court agreed to hear the motion on October 2014.

To support the sex trafficking victims’ pursuit of justice, Shared Hope International filed a joint Amicus Brief alongside those of the Washington Attorney General and others. The victims’ attorney, Erik Bauer, presented this precedent-setting case at the 2014 JuST Conference to inspire further actions on this issue.

For more cutting-edge strategies from national experts, join us at the 2015 JuST Conference.

Listen to Kubiki Pride, the mother of a child sex trafficking victim who lost her claim against Backpage.com in 2010, as she shares her story at the 2013 release of the Protected Innocence Challenge state report cards, an initiative designed to promote justice for victims of domestic minor sex trafficking.

With your help we will continue to keep up the pressure to close the virtual marketplaces of child sexual exploitation!

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).

(Photo: Charlie Nye/The Star)

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.

August 10, 2015 by Christine Raino

JuST Response Policy Paper

Eliminating the Third Party Control Barrier to Identifying Juvenile Sex Trafficking Victims

This paper evaluates the fundamental importance of defining sex trafficking to include all instances of commercial sexual exploitation of minors. Beyond the question of whether force, fraud or coercion was used by the offender, this discussion addresses the impact of requiring that a third party, in particular a trafficker, has caused a minor victim to engage in commercial sexual activity in order for a minor to be recognized as a sex trafficking victim.

While federal law states that any commercially sexually exploited minor is a victim of sex trafficking, some state statutory schemes mandate identification of a controlling third party or trafficker in order for instances of commercial sexual exploitation of children to be identified as sex trafficking. This means if a buyer directly pays a minor or offers food or shelter in return for sex acts, then this child may not be identified as a victim.

Alternatively, even when a trafficker is involved, if the minor does not identify the trafficker, the exploitation will not be identified as an instance of sex trafficking. This is problematic since victims often deny the extent of their own exploitation and often experience trauma-bonding making it difficult or impossible for children to disclose their trafficker. Instead of being identified and provided protections as a trafficking victim, the child could be prosecuted for prostitution in many jurisdictions.

At its core, requiring the presence of third party control ignores the fact that buyers are committing the very exploitation that the trafficking laws were enacted to punish. Failure to recognize the conduct of buyers as acts of sex trafficking ignores the definition of trafficking.

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JuST Response Council Members

  • NANCY BALDWIN, HICKEY FAMILY FOUNDATION
  • LAURA BOYD, FOSTER FAMILY-BASED TREATMENT ASSOCIATION
  • VEDNITA CARTER, BREAKING FREE
  • CARLA DARTIS, ALAMEDA COUNTY DISTRICT ATTORNEY’S OFFICE
  • MELINDA GIOVENGO, YOUTHCARE
  • LISA GOLDBLATT GRACE, MY LIFE MY CHOICE
  • YOLANDA GRAHAM, DEVEREUX GEORGIA TREATMENT NETWORK
  • MICHELLE GUYMAN, LOS ANGELES COUNTY PROBATION DEPARTMENT
  • MARIAN HATCHER, COOK COUNTY SHERIFF’S OFFICE
  • STEPHANIE HOLT, MISSION 21
  • REBECCA JOHNSON, AIM / ENGEDI REFUGEGRETCHEN KERR, NORTHLAND, A COMMUNITY CHURCH
  • LINDA KRIEG, ACTING CHIEF EXECUTIVE OFFICER, NATIONAL CENTER FOR MISSING & EXPLOITED CHILDREN
  • ALEXANDRA PIERCE, OTHAYONIH RESEARCH
  • MARGIE QUIN, TENNESSEE BUREAU OF INVESTIGATIONS
  • DOMINIQUE ROE-SEPOWITZ, SEX TRAFFICKING INTERVENTION RESEARCH OFFICE, ARIZONA STATE UNIVERSITY
  • MALIKA SAADA-SAAR, HUMAN RIGHTS PROJECT FOR GIRLS
  • LINDA SMITH, SHARED HOPE INTERNATIONAL
  • CAROL SMOLENSKI, ECPAT-USA
  • JEN SPRY, PENNSYLVANIA COALITION AGAINST HUMAN TRAFFICKING
  • PEG TALBURTT, LOVELIGHT FOUNDATION

Field Expert Endorsers

  • Dave McCleary, Rotarians Against Child Slavery
  • Shea M. Rhodes, Villanova Law School Institute to Address Commercial Sexual Exploitation
  • Heather Stockdale; Georgia Cares
  • Justice Bobbe J. Bridge (ret), Center for Children & Youth Justice
  • Autumn Burris, Survivors for Solutions
  • Alex Trouteaud, youthSpark
  • Kate Price, University of Massachusetts Boston

July 28, 2015 by SHI Staff

JuST Response State System Mapping Report Release

About this video

Full video of the release of the JuST Response State System Mapping Report on March 4th, 2015.

The JuST Response is a trauma informed, individualized, survivor informed and evidence-based research project. It serves to deepen knowledge of the interrelationship of statutes, systems and services in developing state level responses to juvenile sex trafficking victims.

Download Video — HD: 1280×72, 1GB)

July 27, 2015 by SHI Staff

2015 Trafficking in Persons Report Released | How America Measures Up on Key Issues

243557 27Today, the U.S. Department of State released the 15th annual Trafficking in Persons (TIP) Report. This report collects information from U.S. embassies, government officials, nongovernmental and international organizations, published reports, news articles, studies and research to evaluate each country’s action  to combat trafficking through the three P’s: Prevention, Prosecution, and Protection.

The Department places each country onto one of four tiers, as mandated by the TVPA:

  • TIER 1 – Countries that fully comply with the TVPA’s minimum standards for the elimination of trafficking.
  • TIER 2 – Countries that do not fully comply with the TVPA’s minimum standards but are making significant efforts to do so.
  • TIER 2 WATCH LIST – Countries that do not fully comply with the TVPA’s minimum standards, but are making significant efforts to do so, though trafficking is increasing and there is a failure to provide evidence of increasing efforts to combat trafficking from the previous year.
  • TIER 3 – Countries that do not fully comply with the TVPA’s minimum standards and are not making significant efforts to do so.

Since the United States was first included in the TIP Report evaluation in 2010, the country has received a Tier 1 ranking.

Below is a summary of how the U.S. measures up on key issues. For a full report, read the Trafficking in Persons report. All excerpts taken directly from the 2015 Trafficking in Persons Report.

STATE LAWS

In addition to federal laws, state laws form the basis of the majority of criminal actions, making adoption of state anti-trafficking laws key to institutionalizing concepts of compelled service for rank-and-file local police officers. A 2014 NGO report found improvement in states’ anti-trafficking laws in recent years, but noted that funding to ensure the implementation of these new laws was a challenge. The report also found there is still a need for state laws that comprehensively assist and protect victims of human trafficking.

See the Protected Innocence Challenge state report cards.

VICTIMS SERVICES

The United States improved its delivery of a victim-centered, multidisciplinary response to victim identification and services, certified a significantly higher number of trafficking victims, provided services to more victims, and increased funding for these services. The federal government has formal procedures to guide officials in victim identification and referral to service providers; funds several federal tip lines, including an NGO-operated national hotline and referral service; and funds NGOs that provide trafficking-specific victim services.

“And if there is a single theme that connects the diverse work of these heroes, it is the conviction that there is nothing inevitable about trafficking in human beings. It’s a choice.”  Secretary of State John Kerry

The Department of Health and Human Services (HHS) provided comprehensive case management for foreign national and domestic trafficking victims and funded capacity-building grants for child welfare systems to respond to trafficking. DOJ provided comprehensive and specialized services for both domestic and foreign national trafficking victims. Federal funding for victim assistance generally increased in FY 2014.

Although federal, state, and local grant programs existed for vulnerable children and at-risk youth, child trafficking victims, especially boys and transgender youth, faced difficulties obtaining needed services. During the reporting period, HHS maintained level funding to train service providers for runaway and homeless youth and continued to provide formal guidance to states and service providers on addressing child trafficking, particularly as it intersects with the child welfare system and runaway and homeless youth programs. An NGO noted reports of gang-controlled child sex trafficking and of the growing use of social media by traffickers to recruit and control victims.

Some trafficking victims, including those under the age of 18 years, were detained or prosecuted by state or local officials for criminal activity related to their being subjected to trafficking, notwithstanding “safe harbor” laws in some states or the federal policy that victims should not be penalized solely for unlawful acts committed as a direct result of being subjected to trafficking. Therefore, the U.S. should encourage the adoption of victim-centered policies at the state and local levels that ensure victims, including children, are not punished for crimes committed as a direct result of being subjected to trafficking; support appropriate housing for child trafficking victims that ensures their physical and mental health and safety; increase screening to identify trafficked persons among at-risk youth, detained individuals, persons with disabilities, and other vulnerable populations.

Learn about Shared Hope’s efforts to strengthen the intersection between statutes, systems and services through the JuST Response.

TRAINING AND AWARENESS

The U.S. government continued efforts to train officials and enhanced its efforts to share information. For example, DOJ developed an online e-guide to provide guidance for effective taskforce operations and engaged in extensive capacity building for law enforcement, military personnel, social service providers, labor inspectors, pro bono attorneys, and others. DHS updated a web-based training course and produced training videos for law enforcement.

The government also continued to conduct a number of awareness activities for its personnel, including general awareness trainings, trainings specific to law enforcement and acquisition professionals, and increased efforts to train staff in field offices. NGOs noted prevention efforts should better emphasize victims’ rights and protections under federal law and should seek survivor input to better reach potential victims.

Don’t miss the 2015 JuST Conference, the nation’s premiere conference on juvenile sex trafficking, on November 11-13 in Washington, D.C.!

PROSECUTION

DOJ prosecutes human trafficking cases through the 94 U.S. Attorney’s Offices (USAOs) and the two specialized units that serve as DOJ’s nationwide subject-matter experts. Taken together, DOJ initiated a total of 208 federal human trafficking prosecutions in FY 2014, charging 335 defendants. Of these prosecutions, 190 involved predominantly sex trafficking and 18 involved predominantly labor trafficking, although some involved both. These figures represent an increase from FY 2013, during which DOJ brought 161 prosecutions charging 253 defendants. During FY 2014, DOJ secured convictions against 184 traffickers, compared with 174 convictions obtained in FY 2013. Of these, 157 involved predominantly sex trafficking and 27 involved predominantly labor trafficking, although several involved both. These totals do not include child sex trafficking cases brought under non-trafficking statutes. Penalties imposed on convicted traffickers ranged from five years to life imprisonment. For the first time, the government used an extraterritorial jurisdiction provision of the law to convict a trafficker for sex trafficking that took place in another country.

DEMAND

The U.S. government undertook efforts to reduce the demand for commercial sex and forced labor in the reporting period. DHS worked with city and state partners to raise awareness of trafficking in advance of the 2015 Super Bowl.

Visit DemandingJustice.org to learn about demand activity in your state.

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