Policy Archives - Shared Hope International

Rev. Dr. Marian Hatcher
Shared Hope Policy Consultant

Great news, the Trafficking Survivors Relief Act (TSRA) H7139 has been introduced by Rep. Russell Fry (R-SC-7) in the 119^th Congress. Although it stalled at the close of the 118^th Congress, it now has strong bipartisan sponsorship with more than 50 sponsors. Once passed by the House, Senator Hyde-Smith (R-MS) is expected to lead in the Senate. The bill provides relief for survivors who were forced to commit federal crimes (misdemeanors or felonies) by their traffickers in order to survive their trafficking situation—the so-called, victim/offender.

This gives great hope to those of us who for years have been engaged in the difficult—yes, even contentious process of making progress in the anti-trafficking movement.

While the movement itself tends to be made up of silos with differing perspectives and missions and competition for funding, it is also occupied by the polarizing impact of those working to legalize the human rights violation that is called the “sex trade”.

After all, legalizing the selling and buying of sex certainly unburdens society’s collective conscience in matters of survivor recovery, let alone the pursuit of legislative efforts to provide direct services, programs, restoration of rights etc., to survivors.

Refusing the legalization argument leads to the extremely complicated intersection of victim and offender. The TSRA is a federal remedy that acknowledges the reality that many survivors of sex trafficking have been incarcerated for crimes they were forced or coerced to commit by the trafficker or survive their trafficking situation.

I was a victim/offender in Illinois, blessed with a second chance through jail-based treatment at the Cook County Department of Women’s Justice Services. After completing my sentence, I actually became an employee of the Sheriff’s Office in 2005. Ten years later I helped coordinate the Global Summit to End Sexual Exploitation, hosted at the Carter Center to formalize policy proposals and to honor survivors just like me.

It was at this distinguished convening, that I had the opportunity to talk directly to the 39^th President of the United States about my experience as both a victim and an offender. I was humbled that I could engage on behalf of Sheriff Dart, a visionary and great humanitarian, with someone who also embodied those rare attributes. I stated “Mr. President, I have been good for the last nine or 10 years, I work for law enforcement. I shouldn’t be a convicted felon”. President Carter shook his head in agreement and simply said “well done”.

In 2017, the Friday before Christmas I received a call from my attorney informing me that my application for Executive Clemency and Expungement was granted by then Governor Bruce Rauner. It was the only remedy available for me, due to the narrow scope of the vacatur statute in Illinois. I am, however, grateful. It was a triggering experience to re-live my trauma to provide a detailed chronological application which basically required an apology for my own exploitation.

It is our responsibility to survivors, known and unknown, to get the Trafficking Survivors Relief Act (TSRA) passed in the 119^th Congress. The reason is simply the words below. Rest in peace sir.

“The most serious human rights violation on earth is
the abuse of women and girls, and prostitution is the foundation
for all other abuses of women and girls.” 

Former President Jimmy Carter May 2015

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2024 State Legislative Update

The Shared Hope policy team has been working tirelessly this year, tracking 3,558 bills and providing technical assistance in 22 states to combat child and youth sex trafficking. Legislative measures at the state level are crucial in protecting vulnerable youth and prosecuting perpetrators. As state legislatures wrap up their sessions, staying informed about the latest updates is essential.

Our advocacy priorities have focused on victim-offender intersectionality and preventing the unjust criminalization of trafficking survivors. We have been collaborating with stakeholders and engaging on legislation related to Safe Harbor, Affirmative Defense, and Vacatur. Our Report Card framework includes 40 policy goals across 6 issue areas, and this blog reflects our efforts in these key areas.

As we continue to advocate for important bills, it is important to recognize the impact of state legislation in shaping policies and practices to protect vulnerable youth. Stay informed and join us in the fight against child and youth sex trafficking. Together, we can make a difference in the lives of survivors and work towards a safer future for all.

Safe Harbor Efforts

“Safe Harbor” refers to laws and responses that insulate victims from a punitive response and direct them to restorative and protective services. Comprehensive Safe Harbor laws should prohibit arresting, detaining, charging, and prosecuting allminors for prostitution offenses, regardless of whether a finding of trafficking victimization is made, and instead, connect child and youth survivors to specialized services and care. This non-criminalization recognizes that child and youth sex trafficking victims should not be penalized for a crime that was committed against them and should not be involved in the juvenile or criminal justice system as a result. This includes not using punitive approaches to require participation in services, such as diversion or discretionary referrals. Additionally, victims deserve access to physical, mental, and psychological support and services to help them heal and set a firm foundation for their future lives. Thus, effective Safe Harbor responses emphasize the need of victims to receive trauma-informed care, and hinges on ensuring comprehensive access to specialized services.

This year, Idaho will join the other 29 states and DC who have made it clear that children engaged in commercial sex are victims of sex trafficking, not prostitution offenders, with the passing of H 494, introduced by Rep. Lakey (R). This lawprohibits minors under 18 from being arrested and referred to the juvenile justice system on suspicion of or known engagement in commercial sex. Amending the prostitution statute to be inapplicable to minors recognizes that children never engage in commercial sex by choice; rather, a child does so out of coercion, force, fraud, fear, or survival. This is not consensual sex; money does not sanitize rape and treating the child as a consensual actor not only misplaces criminality, it directly re-victimizes the child. Children living in such circumstances deserve, at a minimum, specialized services, and long-term care, not the traumatizing impact of an arrest, detention and prosecution, or juvenile records that carry devastating collateral consequences far beyond the childhood years.

A few other states have passed laws related to Safe Harbor, too. Appropriate identification and access to services are vital aspects of creating a just response for victims of child and youth sex trafficking.

Pennsylvania passed legislation, SB 44 introduced by Sen. Dush (R), that amended the definition of trafficking to ensure that all minors engaged in commercial sex are recognized as trafficking victims by eliminating the third-party control requirement. A third-party control element in a trafficking law requires a commercially sexually exploited child to have a trafficker or controller to be recognized as a victim of trafficking. When state child sex trafficking laws only criminalize the conduct of a third party who provides, maintains, or facilitates the exchange of sex between the child victim and the buyer, children who are solicited and exploited by buyers do not fall under the protection of the child sex trafficking law. With this barrier now eliminated in Pennsylvania, any minor engaged in commercial sex now qualifies for a Safe Harbor response, as well as other protections afforded to trafficking victims.

Virginia also passed two bills that will support future Safe Harbor responses. House Bill 581, introduced by Del. Simmonds (D), requires the establishment of multidisciplinary human trafficking response teams. Collaborative, multidisciplinary groups (“MDTs”) addressing human trafficking have become essential in the national fight against human trafficking and the provision of necessary services and resources to survivors. This response model, which includes various disciplines working collaboratively, is encouraged by the U.S. Department of Justice and is recognized worldwide as a best practice in the anti-trafficking field. Through MDTs, law enforcement, child welfare, service providers, advocates, other professionals, as well as the child and their family can work collaboratively to prioritize the wellbeing of the survivor and provide trauma-informed support and services. The creation of these MDT’s will support future implementation of a Safe Harbor response.

Additionally, HB 268 introduced by Del. Watts (D), directs thejuvenile court to retain jurisdiction of a juvenile defendant if, during a transfer hearing, the court receives evidence that such juvenile was trafficked, sexually abused, or raped by alleged victim of the conduct for which they’ve been charged. Additionally, the bill states that the provisions shall be construed to prioritize the successful treatment and rehabilitation of juvenile victims of human trafficking and sex crimes who commit acts of violence against their abusers. While ideally, we would like to see these victims kept out of any punitive system and met with a protective—rather than punitive—response, Shared Hope supported this bill as a step toward more just responses to criminalized child trafficking survivors. The passage of this bill demonstrates an understanding that child victims who defend themselves against their abusers should be afforded the protections and rehabilitation that juvenile courtswere designed to provide.

Vacatur and Affirmative Defense Efforts

Vacatur and affirmative defense are crucial legal mechanisms designed to provide protection and justice to victims of trafficking. Vacatur refers to the legal process of nullifying convictions or judgments obtained against trafficking victims for offenses they committed as a direct result of being trafficked. It recognizes that individuals coerced or deceived into criminal activity should not be held accountable for actions taken under duress. Affirmative defense, on the other hand, allows trafficking victims to present evidence of their victimization to mitigate or excuse their criminal liability. These legal provisions acknowledge the complex dynamics of trafficking, where victims often endure manipulation, coercion, and exploitation, making it unjust to hold them fully responsible for their actions. By granting vacatur and affirmative defense, the legal system aims to empower victims, facilitate their recovery, and hold perpetrators accountable for their crimes. These mechanismsacknowledge the coercive circumstances that often compel victims to engage in criminal activities, offering them a legal recourse to escape punishment. Without such provisions, victims may face further victimization through the criminal justice system, exacerbating their trauma and hindering their ability to break free from the cycle of exploitation.

Pennsylvania’s legislature is currently considering a bill that would allow trafficking survivors to assert an affirmative defense for crimes directly related to their victimization. Importantly, this bill allows a survivor to assert the defense for any alleged offense. This is critical as we know that traffickers often force their victims to commit a variety of crimes for a variety of reasons. Traffickers may force a child victim to commit a crime knowing that the punishment for the child is likely to be lower if they are caught due to the child’s age or that, once a victim has committed a crime, they are less likely to seek help for fear of being punished for the afore mentioned crime(s). Additionally, victims may commit crimes to protect themselves in self-defense, to avoid abuse by their exploiter, or to escape or avoid their own sexual exploitation.

Arizona amended its vacatur statute to remove an arbitrary barrier to qualifying for the relief by passing HB 2623, introduced by Matt Gres (R). Previously, survivors could only petition for relief if the alleged conduct was committed before 2014. Now survivors can petition for vacatur regardless of when the conviction occurred. However, relief is very limited—only prostitution convictions may be vacated under this law, leaving many survivors with other convictions without legal recourse.

Omnibus Efforts

While our advocacy efforts predominantly focus on preventing unjust criminalization, there are a few states who are working on omnibus bills that impact several State Report Card policy goalsand are worth highlighting as broad efforts to shift the state-level response to child trafficking survivors.

Washington

Washington passed SB 6006, a bill that provides a number of critical supports and protections for victims of trafficking. First,this bill makes clear that trafficking victims have the ability to gain civil orders of protection from their traffickers. This is an essential resource for survivors because, in some circumstances, civil orders of protection (CPOs) can provide more comprehensive relief than the criminal justice system. Some survivors are able to petition for custody, child support, counseling, and eviction of the abuser within the context of a CPO.

Moreover, this legislation provides robust protection and support for minor victims of sex trafficking through multiple additions to how victims are cared for and supported during trial. Victim-witness testimony by sex trafficking and commercial sexual exploitation victims provided during a trial of their alleged exploiter can serve a key role in a successful conviction. However, the delivery of victim testimony can be a severely traumatic process for CSE minors regardless of their age at the time of testifying. SB 6006 allows for out-of-court statementsthat is otherwise inadmissible to be admitted as evidence to lighten to the burden that victims have in testifying. Further, victims would be able to testify via CCTV, which would decrease their re- traumatization of having to testify in front of their abusers.

Finally, SB 6006 provides for victim compensation without any time limitations and can file for these benefits at any time. SB 6006 also eliminates the statute of limitations for sex traffickingprosecutions.

Illinois

Illinois is currently considering a bill, SB 3697 introduced by Dale Fowler (R), that would improve the state’s response in a number of different ways. Critically, this bill improves victim identification, specifically for child welfare employees. It is imperative that child welfare is prepared to complement community-based service responses to provide specialized care, services, and, when appropriate, placement to children who enter the system on a report of child sex trafficking. Additionally, SB 3697 extends foster care related services to the age of 23. Youth who age out of foster care at the age of 18 often enter the world with little support. Research shows the lack of stability and opportunity during these pivotal years can damage the youth’s healthy development, positive long–term decision-making, and skill-building. This bill, if passed, will ensure continuity of support during a critical transitional period.

Finally, this bill requires the Illinois State Police to develop and deliver a course of instruction designed for departments, agencies, or associations that are likely to come in contact with human trafficking victims in the course of delivering services. Training agencies to identify human trafficking is crucial for several reasons. Firstly, it equips personnel with the knowledge and skills to recognize the signs and indicators of trafficking, allowing for timely intervention and assistance to victims. Secondly, it helps prevent misidentification of trafficking situations as other crimes or social issues, ensuring that victims receive appropriate support and services. Thirdly, training enhances collaboration and coordination among different agencies, enabling a more effective and comprehensive response to trafficking cases. Ultimately, such training empowers frontline responders to act as advocates for victims, disrupt trafficking networks, and contribute to the broader efforts to combat trafficking.