Runaway and Homeless Youth and Trafficking Prevention Act (S.4916/H.R.8948)

Approximately 4.2 million youth and young adults experience homelessness in the United States each year. Homeless and runaway youth are among those most susceptible to falling victim to human trafficking as their heightened state of vulnerability and the immediate nature of their needs create an ideal situation for perpetrators to exploit. Traffickers often use a youth’s basic needs as leverage to coerce them into exchanging sex acts for food, shelter, clothing, or other basic needs. In fact, recent studies show that nearly one third of homeless and runaway youth have had to engage in sex to survive. In one survey, 24% of youth living on the streets had exchanged sex for money, and 27.5% had exchanged sex for a place to stay. Furthermore, trafficking survivors indicated that shelter was the number one commodity traded in return for sexual activity because traffickers often loiter in areas where homeless youth are known to gather.

The Runaway and Homeless Youth and Trafficking Prevention Act (“RHYTPA”) recently introduced by Congress updates the existing Runaway and Homeless Youth Act (“RHYA”), which has been the primary federal program addressing youth and young adult homelessness for the past 45 years. The RHYA authorizes federal funding for organizations that provide emergency services such as crisis housing, basic life necessities, and other supportive services for youth experiencing homelessness and youth victimized by trafficking. RHYTPA, the current bill before Congress, enhances these essential programs covered by RHYA in order to more comprehensively address the needs of homeless youth. The RHYTPA also specifically provides for resources and services to be directed to youth victims of human trafficking and youth at risk of being trafficked.

Key Provisions:

• Requires grant recipients who provide temporary or longer-term housing and crisis intervention services to minors to include a statistical summary detailing the prevalence of human trafficking in their annual report.
• Includes services and treatment programs for victims of sexual abuse, trafficking, and gender-based violence as programs that may be considered an acceptable transitional living program to refer a homeless youth to.
• Provides that staff be trained specifically on human trafficking, trauma, sexual abuse, and sexual assault.
• Improves the process for referring youth who have been victims of human trafficking to appropriate mental health services.

Take Action:

• Contact your Congressperson and urge them to support the Runaway and Homeless Youth and Trafficking Prevention Act (S.4916/H.R.8948) to bring vital services to for youth experiencing homelessness and youth victimized by trafficking and exploitation.

Additional Resources:

• National Network for Youth, Responding to Youth Homelessness: A Key Strategy for Preventing Human Trafficking: https://nn4youth.org/resource/responding-to-youth-homelessness/

Each year, Shared Hope International advocates for legislation aimed at preventing child and youth sex trafficking, while expanding protections and services for survivors. Through collaboration with legislators, survivor leaders, and advocates, we push for federal legislation that will ensure change across the nation. Learn more about some of the federal bills we’re focused on:

Debt Bondage Repair Act

In late 2021, Congress passed the Debt Bondage Repair Act (“DBRA”) as part of the National Defense Authorization Act of 2021 which was later signed by President Biden. The DBRA prohibits a consumer reporting agency from reporting adverse credit information about a consumer that is the result of severe human trafficking or sex trafficking. Traffickers control their victims through subtle or overt means, including financial control over victims’ income, access to money, or amount of debt. Specifically, traffickers often take out significant debt in their victims’ names or force victims to take out the loan themselves, resulting in default, judgements, and poor credit. Additionally, if a victim can exit the life, this debt often follows them around in the form of defaults, judgements, and poor credit scores, impacting their ability to get safe and stable housing, employment, and even some professional licenses. The DBRA directs the Consumer Financial Protection Bureau with promulgating a rule to implement a method by which the DBRA will be carried out. Shared Hope participated in providing comments for the rule making and a final rule was published in late June. To learn more about who is eligible under the DBRA, check out our resource.

Trafficking Victims Protection Reauthorization Act

Three additional Trafficking Victims Protection Reauthorization Act (“TVPRA”) bills have been introduced this year, H.R. 6552, S. 3946, and S. 3949. The bills reauthorize and enhance programs, strengthen laws, and add accountability that reflects the critical need for prevention, protection, and prosecution to combat human trafficking domestically and abroad. Specifically, S. 3946 incorporates Sara’s Law and both S. 3946 and S. 3949 make grants to eligible states to develop, improve, or expand programs that assist child welfare programs with identifying and responding to human trafficking, including children trafficked by a third-party (i.e., not familial) trafficker. In July, the House passed H.R. 6552 and sent the bill to the Senate. You can visit Shared Hope’s campaign site for the TVPRA to ask your Senator to support this necessary legislation.

Trafficking Survivors Relief Act

Finally, in early August, Congress introduced H.R. 8672, the Trafficking Survivors Relief Act (“TSRA”), sponsored by Rep. Owens. The TSRA seeks to permit vacatur, or the complete removal from an individual’s record, for non-violent criminal offenses when the offense was directly related to having been a victim of trafficking. Additionally, the TSRA allows for a “human trafficking defense” so that survivors can assert as a defense to prosecution, that the criminal offense was committed as a result of force or coercion due to their trafficking. Although some states have taken action to address this by allowing trafficking victims to expunge or vacate unjust convictions, Congress has yet to take similar action on this issue, leaving victims with no Federal protection from unjust criminalization. Urge your Congresspeople to take action on the TSRA here.

To learn more about federal legislation that addresses the needs of sex trafficking victims and to take action in support of this critical issue, please visit Shared Hope’s Federal Advocacy Action Center.

If you are a lawmaker or advocate seeking to craft strong laws to fight juvenile sex trafficking and wish to speak with Shared Hope’s Policy Team for technical assistance, please visit request a consultation.

Dr. Marian Hatcher
Shared Hope Policy Consultant
Ambassador-at-Large, United Nations

This writing is immensely important to me, personally and professionally. The heartbeat of accomplishment can be summed up in a quote I admire.

“I am a very strong believer in listening and learning from others” – Ruth Bader Ginsburg

I can think of no greater situation where this quote is needed, than the exploitation of human beings. It is critical to “listen to survivors.”

Over the last 18 years, I have been on a journey of learning to speak less and with more wisdom, while listening and learning from others. Trust me, it has been an up-hill battle. In general, my inclination is to talk more and listen less. However, with my faith as a guide, I have learned over time to listen more and talk less. Surprisingly, the more I practiced this sage principle, the more I was able to provide useful information based on personal and professional experience.

This past January 2022, I was honored to pen a blog for Shared Hope celebrating the enactment of the Debt Bondage Repair Act (DBRA) as part of the National Defense Authorization Act (NDAA). In that blog I outlined how the DBRA arose from a Congressional hearing on the business of human trafficking in the House Committee on Financial Services, which followed the Committee’s request that I provide technical assistance on issues they wanted to examine related to human trafficking. Because they listened to a survivor during that initial half hour meeting, and again during my testimony at the hearing, a key point about the financial harms experienced by trafficking survivors was brought to life.

You see, in the last line of the witness invitation letter, it stated what I was hoping the hearing would examine: “Members are also interested in understanding how to help survivors restore their names and credit once they are able to escape their traffickers.” Honestly, it was only recently when preparing remarks for a recent speaking engagement, and to my astonishment, that I really noticed that line. In my Congressional testimony, on behalf of SPACE International, Shared Hope International and the National Center on Sexual Exploitation, I shared how I had been coerced to buy a car for a trafficker during my exploitation and how that remained on my credit once I was out of the life and trying to rebuild my life and regain financial stability.

Well, the rest is history. Ranking Member McHenry, with bipartisan support and the approval of Chairman Maxine Waters, moved the Debt Bondage Repair Act forward under suspension. Introduced by Senator Cornyn in the Senate, the bill became part of the National Defense Authorization Act of 2022, with survivor and ally support through the process, and passed Congress on December 27, 2021.

Once the NDAA was signed by President Biden, December 27, 2021, I had the opportunity to provide technical assistance along with Shared Hope to the Senior Legal Counsel of the Consumer Finance Protection Bureau, the entity responsible for putting the law into action within 180 days. I was grateful for the robust discussion with their team and ultimately was very pleased that input from survivors would be considered before the preliminary rule was issued April 7, 2022. The preliminary rule was amazing and acknowledged the need for as broad a rule as possible to ensure a broad range of survivors could qualify for this relief.

Along with a small group of survivors and allies–Shared Hope International, Alliance of Leadership & Innovation for Victims of Exploitation (ALIVE), Villanova Law Institute to Address Commercial Sexual Exploitation (CSE Institute), National Center on Sexual Exploitation, Charleston Law Center, Restoration61, Twelve11 Partners, Dale Consulting LLC, Vednita Carter Ministries, Jeanette Westbrook MSSW–we submitted a joint comment during the comment period.

On June 23, 2022, the final rule was issued, effective June 24, 2022. “The CFPB has established, among other things, a method for survivors of trafficking to submit documentation to credit reporting companies that identifies any adverse item of information that resulted from human trafficking. The rule prohibits credit reporting companies from providing a report containing the adverse items of information.”

So many emotions followed the final rule being issued. I didn’t know if I wanted to cry or scream. In the end I simply praised God for his grace and mercy. In the end, it’s what happens when Justice Ginsburg’s words become reality. Listening and hearing, action words. I am excited now to share this progress with other survivors and asked two of my fellow survivor leaders to share their thoughts on why this relief was so important and what we need to do next. Here are those critically important thoughts:

Alisa Bernard, Director of Policy, Thistle Farms states “the Debt Bondage Repair Act facilitates survivors to regain and, in some cases, gain for the first time agency and autonomy. The DBRA sees the survivor themselves, not just their credit score which allows us to operate not from a place of terror but a place of humanity and dignity. This goes beyond putting a bandaid on a wound, it’s true aftercare in that it’s the starting point for future success and sustainability outside of trafficking experiences. At its core, it validates our experiences of trauma and exploitation by recognizing we should not have to pay the price for something that was done to us. 

Vednita Carter, Founder of Breaking Free states, “I recall numerous losses, cars, apartments, even loans he got in my name.  I had to pay back all the money. It took me about twenty years to become “credit worthy”. We constantly fight to feel our “worth” as human beings due to our exploitation, so financial worth was almost unattainable, so many didn’t try or couldn’t. Thankfully, today there is this remedy, both broad and systemic, but the DBRA must be accessible to survivors. Outreach, case management and training, is crucial to inform our community of this opportunity and assist in navigating the process.”

As I’ve had the honor of working, fighting side by side with great survivors, and allies on many issues, I’ve learned to listen better than before. I’ve also worked side by side with legislators who were willing to listen to survivors. Together we listened and learned from each other and now have a law and regulations that will outlive me, providing a pathway to financial health and wholeness for many survivors.

My heartfelt thanks to all involved in the passing of the Debt Bondage Repair Act (DBRA). Ranking Member Patrick McHenry and Senator John Cornyn, my gratitude and heartfelt thanks to you both for introducing this in your respective chambers. President Biden, thank you as well for seeing the importance of this small piece of legislation embedded in the National Defense Authorization Act 2022.

We have more work to do, of course. The opportunity to seek this relief must still get to the survivors it was written to assist, as well as those in a position to assist survivors in seeking this relief. In addition to survivors, case managers, legal and financial advisors and other service providers—need to be equipped to navigate the new process for contacting credit reporting agencies to have adverse items removed that resulted from trafficking. With that goal in mind, Shared Hope has developed this fact sheet which provides an overview of the rule for anyone interested in learning more. I encourage survivors and those who work with survivors to review this and also continue to check back here for more information and resources.

So, no longer will we face credit issues with anxiety and dread. The Debt Bondage Repair Act puts survivors in the driver’s seat in reversing some of the financial harms of trafficking!!!

Dr. Hatcher has worked as a civilian member of law enforcement at the Cook County Sheriffs’ Office for 15 years,  a U.S. Representative of SPACE International (Survivors of Prostitution Calling for Enlightenment), a survivor organization representing 10 countries. She is a recipient of numerous awards including the 2014 Shared Hope International Path Breaker Award, the 2016 Presidential Lifetime Achievement Award from President Obama, and was honored on Congressional Record for Black History by U.S. Senator Richard Durbin of IL.

 

The information and links provided in this resource are solely for educational and informational purposes and do not constitute legal advice. Additionally, Shared Hope International cannot comment on, or confirm, an individual’s victim status for purposes of accessing relief under the Debt Bondage Repair Act.

Sara’s Law and the Preventing Unfair Sentencing Act of 2021 (H.R. 2858)

The Preventing Unfair Sentencing Act of 2021, or “Sara’s Law,” was introduced into Congress on April 26, 2021. The legislation is named after Sara Kruzan who was sentenced to life in prison without the possibility of parole at 17 years old for killing her trafficker. She was groomed at age 11, then sex trafficked from 13-16 years old. After escaping, she returned to kill her abuser. In the trial, she was tried as an adult and was sentenced to life in jail without parole. The court did not consider the impact childhood trauma and victimization had on Kruzan’s decision-making. She served 19 years and 7 months before the governor commuted and reduced her sentence.

Today, many do not consider the impact childhood trauma has on a child sex trafficking victim’s criminal conduct. Child sex trafficking victims are often tried as adults and given harsh sentences for crimes they committed as a result of their victimization. This approach ignores the impact childhood trauma has on a victim’s decision-making process. Sara’s Law acknowledges that child sex trafficking victims are capable of rehabilitation and recovery and deserving of trauma-informed care.

Key Findings

• Youth as young as 13 years old can be sentenced to life in prison without parole. Over 2,500 U.S. children are serving this sentence.
• Research shows that girls who are sent into the juvenile justice system have typically experienced overwhelmingly high rates of sexual violence.
• Studies show that youth of color are vastly more likely to be charged as if they were adults.

Sara’s Law protects child sex trafficking victims by:

• Allowing courts to take a child’s history into account and depart from mandatory minimums for youthful victim offenders who have been trafficked, abused, or assaulted to consider the “effect of trauma on the offender’s conduct.”
• Allowing mandatory minimums to be reduced by 35% to reflect the juvenile’s age and prospect for rehabilitation.

Learn More & Take Action:

• Ask Congress to pass Sara’s Law here: act.sharedhope.org/vKWqG5C
• Take action on the TVPRA bills that incorporate Sara’s Law
• Visit sharedhope.org/what-we-do/bring-justice/ to access Shared Hope’s research and advocacy resources.
• For technical assistance, contact Christine Raino at christine@sharedhope.org.

Additional Sources:

• Responding to Sex Trafficking Victim-Offender Intersectionality: A Guide for Criminal Justice Stakeholders: sharedhope.org/wp-content/uploads/2020/01/SH_Responding-to-Sex-Trafficking-Victim-Offender-Intersectionality2020_FINAL.pdf 
• National Survivor Network Member’s Survey: Impact of Criminal Arrest and Detention on Survivors of Human Trafficking: nationalsurvivornetwork.org/wp-content/uploads/2017/12/VacateSurveyFinal.pdf
• The Sexual Abuse to Prison Pipeline: The Girls’ Story: The Sexual Abuse To Prison Pipeline: The Girls’ Story (georgetown.edu)