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Home>Archives for News

August 31, 2022 by Sidney McCoy

Legislative Update Series: Federal Legislation

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.

July 15, 2022 by Guest

Removing a hurdle on the long road to healing; human trafficking survivors can now seek relief from adverse credit history!

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.

June 14, 2022 by Sidney McCoy

Fact Sheet: Sara’s Law and the Preventing Unfair Sentencing 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)

June 13, 2022 by Sidney McCoy

Fact Sheet: Trafficking Victims Protection Reauthorization Acts (TVPRA)

Trafficking Victims Protection Reauthorization Act (S. 3946, S. 3949)

Updated: 2/1/2023

In 2022, Congress introduced four Trafficking Victims Protection Reauthorization Act (“TVPRA”) bills which would most notably reauthorize the Trafficking Victims Protection Act (TVPA) authorizations which expired in September 2021. The TVPA provides critical tools needed to combat human trafficking in the U.S. and abroad by authorizing approximately $1 billion for FY 2022 through 2026 to continue currently enacted appropriation and authorization levels for successful anti-trafficking programs. Of the four TVPRA reauthorization bills, two (S. 3946 and S. 3949) were enacted in January 2023. The new laws 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.

Shared Hope International supports these laws because they are trauma-informed, survivor-centered, and proactive. The policies included in this legislation are bipartisan with broad support from at least 17 different national and state-based organizations. The passage of this legislation will have a direct impact on victims and survivors, whose needs would be addressed through the allocation of necessary funding and the implementation of training and educational programs. Overall, these laws ensure the continuation of existing programs, while also increasing transparency and awareness for human trafficking in the U.S. and abroad, and preventing harm to future victims.

Key Provisions

  • Child welfare grants: Shared Hope supports HHS 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.
  • Promoting consistent trafficking definitions: Shared Hope supports efforts to promote nationally consistent definitions of child sex trafficking by urging the removal of third-party control requirements from state trafficking laws that narrow the definition in conflict with the federal definition of child sex trafficking.

In addition to reauthorizing critically needed funds that support survivor-centered responses and accountability for exploiters, the following are some highlights of other important provisions in the TVPRA bills:

  • The Abolish Trafficking Reauthorization Act of 2022 ( 3946)
    • Authorizes the Sec. of HHS to make grants to eligible states to develop, improve, or expand programs that assist with child welfare programs that assist with identifying and responding to human trafficking to states that have eliminated third-party control requirements. Also requires the state to develop and implement a specialized protocol for responding when victims are exploited by a third-party (i.e., not familial) trafficker.
  • The Trafficking Victims Prevention and Protection Reauthorization Act of 2022 ( 3949)
    • Makes grants to State child welfare and juvenile justice agencies and child- and youth-serving agencies to collaborate in the collection of data relating to dual status youth and to develop practices, policies, and protocols to confront the challenges presented and experienced by dual status youth.

Notes: Sara’s Law: Shared Hope advocated for the incorporation of “Sara’s Law,” named after child sex trafficking survivor Sara Kruzan, which would enable judges to take into consideration abuse or trauma a child sex trafficking victim has endured to ensure that they do not receive lengthy prison sentences, to be included in TVPRA. Unfortunately, H.R.5150, which would have codified Sara’s Law, did not ultimately pass.

March 11, 2022 by Maria Kearl

A Call to Action: How Current Federal Legislation Could Impact Protections for Child Sex Trafficking Victims

Under the Advanced Legislative Framework, released by Shared Hope International in 2020, additional focus is given to several issues of national importance, including encouraging harm prevention for survivors in the juvenile justice system, mandating trauma-informed trafficking training for relevant state agencies, and increasing access to services for minor victims.  The Framework analyzes the adoption of these specific policy solutions at the state level, providing grades for each state on how their statutory law meets the defined policy goals.  To support and leverage these changes at the state level, it is also important to recognize the role of the federal government in promoting the prevention of child sex trafficking and the identification and treatment of child victims.

So far in the current 117th session of Congress, a few key pieces of legislation were enacted that align with the broader goals of Shared Hope’s Advanced Legislative Framework.  On December 26, 2021, Congress passed the National Defense Authorization Act of 2021 (NDAA) which included the Debt Bondage Repair Act (DBRA). The DBRA significantly improves a survivors’ financial freedom by preventing consumer reporting agencies from releasing credit reports that contain adverse information caused by a survivor’s victimization.

Additionally, the VOCA FIX Act was enacted on June 21, 2021. This bill expanded the sources of revenue collected from deferred prosecution and non-prosecution agreements to be deposited into the Crime Victims Fund and increased the amount of compensation awarded to victims. Generally, trafficking victims are eligible for VOCA funds in all states with varying requirements. (See Shared Hope’s Issue Brief 4.2 on crime victim compensation).

Despite the successful enactment of this legislation, there is still significant work that can be done on the federal level to address the needs of child sex trafficking victims.  In particular, Shared Hope would like to highlight several necessary pieces of legislation that have yet to be enacted. These bills include:

  • The Frederick Douglass Trafficking Victims Prevention and Reauthorization Act (TVPRA) (R.5150/H.R.6552), which provides much needed reauthorization of the Trafficking Victims Protection Act of 2000. This bill would implement additional measures to promote awareness of human trafficking and encourage domestic and global change to prevent future harm. The primary sponsor is Representative Smith (R-NJ).
  • Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022 ( 3103), which removes the statute of limitation for offenses commonly brought by victims against their traffickers. This allows for greater access to justice for trafficking victims.  The primary sponsor is Senator Durbin (D-IL).
  • Put Trafficking Victims First Act of 2021 (R. 6479/ S. 3643), which takes several key steps toward ensuring that victims have access to the services they need through a non-punitive response. This includes training state and local governments on trafficking identification and prevention, establishing an expert working group to identify best practices in responding to human trafficking, and encouraging states to adopt certain rights and protections for victims. The primary sponsors are Representative Bass (D-CA) and Senator Gillibrand (D-NY).
  • The EARN IT Act (3538/H.R.6544), which would incentivize the tech industry to take online child sexual exploitation seriously by removing immunity from online service providers that knowingly facilitate the distribution of child sexual abuse material (CSAM) on their platforms. This bills also clarifies language in the federal criminal code by replacing the term “child pornography” with “child sexual abuse material” and establishes the National Commission on Online Child Sexual Exploitation Prevention, comprising a diverse, bipartisan group of leaders representing the technology sector, child protection advocates, survivors, law enforcement and related fields, to develop voluntary best practices for preventing and responding to child sexual exploitation online. The primary sponsors are Representative Sylvia (D-TX) and Senator Graham (R-SC).
  • Sara’s Law and the Preventing Unfair Sentencing Act (R.2858), which would authorize the court to depart from a statutory minimum in the case of a juvenile offender, youthful victim offender, and certain other minors. This bill also modifies federal sentencing courts to impose a sentence below the mandatory minimum for a juvenile who was convicted of a violent offense against a person who engaged in certain conduct (e.g., trafficking, abuse, or assault) against the juvenile. The primary sponsor is Representative Westerman (R-AR).
  • The Trafficking Survivors Housing Act (2049/H.R.3891), which directs the United States Interagency Council on Homelessness to coordinate and consult with stakeholders to study the availability and accessibility of housing and services for survivors of trafficking or persons at risk of being trafficked. The primary sponsors are Senator Brown (D-OH) and Representative Beatty (D-OH).
  • Fair Housing for Domestic Violence and Sexual Violence Survivors Act of 2021 (R.2542/S.1122), which amends the Fair Housing Act to prohibit eviction and other forms of housing discrimination based on an individual’s status as a survivor of domestic violence, sexual assault, and sex trafficking. The primary sponsors are Representative Wasserman Schultz (D-FL) and Senator Shaheen (D-NH).
  • Human Trafficking Survivor Tax Relief Act of 2021 (895/H.R. 6389), which requires the United States Interagency Council on Homelessness to coordinate and consult with stakeholders to study the availability and accessibility of housing and services for survivors of trafficking and persons at risk of being trafficked. The primary sponsors are Senator Cornyn (R-TX) and Representative Schneider (D-IL).
  • The Human Trafficking and Exploitation Prevention Training Act (2136), which establishes grants to train students, teachers, and school and youth development personnel on how to better understand, recognize, prevent, and respond to human trafficking and the exploitation of children and youth. The primary sponsors are Senator Murkowski (R-AK) and Representative Buchanan (R-FL).

To combat trafficking in persons in the year ahead, join Shared Hope International in encouraging Congress to take action on this legislation.  We also look forward to Congress introducing new legislation to further address the needs of child sex trafficking victims, including legislation to provide survivors with access to vacatur and affirmative defenses for federal convictions that occurred as a direct result their victimization.

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.

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