Policy Archives - Page 10 of 12 - Shared Hope International

February 13, 2019 by Guest

Survivors of Child Sex Trafficking are Never the Aggressor

Joint Statement by Shared Hope International and Center for Combating Human Trafficking on Sentencing by Kansas Judge Michael Gibbens

Under Federal and Kansas state law, persons who purchase sex from minors commit child sex trafficking; in fact, Kansas law specifically criminalizes such conduct as “Aggravated Human Trafficking.” Therefore, by definition, minors who are purchased for commercial sex are victims of sex trafficking. Yet, in 25 states, including Kansas, an alarming legal paradox exists that oftentimes prevents child sex trafficking victims from being identified and treated as victims of the heinous crime.

A February 3, 2019 sentencing by Kansas Judge Michael Gibbens has once again reminded us of the detrimental status of our nation’s non-criminalization laws. In reducing the sentence of a 67-year-old buyer, and referencing the 13 and 14-year-old victims, Judge Gibbens stated,

“So, she’s uncomfortable for something that she voluntarily went to, voluntarily took her top off for, and was paid for? . . . . I do find that the victims in this case in particular were more an aggressor . . . [t]hey were certainly selling things monetarily that it’s against the law for even an adult to sell. . . . Normally, I would think that the harm that would have been done by this kind of conduct would very, very substantial. I’m not convinced that that is so in this case.”

This case illuminates a culture that allows half of the country’s laws to regard minors engaged in commercial sex as offenders of prostitution, despite their status as victims of sex trafficking. Shared Hope International and the Center for Combating Human Trafficking at Wichita State University adamantly and unequivocally assert that survivors of child sex trafficking are never the aggressors or blameworthy for their own victimization. Together, we challenge the laws and culture that support penalizing, rather than protecting, youth who have experienced and survived commercial sexual exploitation.

We share the collective outrage for the reduction in the buyer’s sentence while daring the conversation to go further; we must amend our laws and shift our beliefs to ensure that no child is deemed a “prostitute” and prevented from receiving imperative protections and specialized services. We believe that when laws, practices, and beliefs are transformed in tandem, true perpetrators will be held accountable and survivors will be appropriately identified and protected; justice will be served.

Be part of a movement that seeks genuine change to both the laws and practices that address exploited youth; together, we can ensure that youth survivors of sex trafficking are protected, not punished:

Education: The Center for Combating Human Trafficking offers training and technical assistance and also has a significant amount of free resources available.
Action: Sign Shared Hope International’s petition to Stop the Injustice and end the criminalization of child sex trafficking victims.
Continued Contribution:
- Slow down, pay attention, think critically, and seek solutions that move beyond technical, short-term responses and address the more complex root causes of trafficking.
- As states across the country, including Kansas, continue to develop their anti-trafficking and child sexual exploitation laws this legislative session, support legislation that offers true “Safe Harbor” protections for minors, ensuring youth survivors of sex trafficking are protected from criminalization and have access to critical forms of post-conviction or post-adjudication relief, including vacatur and records expungement.
- Many state laws, including Kansas, ensure that there is increased training for law enforcement officers and commercial truck drivers who might assist in identifying individuals who are trafficked. However, without adequate and accessible resources, increased identification can lead to increased criminalization of the very victims we seek to assist. Thus, improved legislation should consider training for those who are charged with determining outcomes and trajectories for youth survivors, especially stakeholders within the justice system, including prosecutors, probation officers, and public defenders.
- Hold elected officials accountable in applying the law as it was intended. This requires all of us to invest through time, talent, and treasure in our own local communities.

June 13, 2018 by Sarah Bendtsen

Progress Without Protection: How State Laws Are Punishing Child Sex Trafficking Victims

Over the past 7 years of the Protected Innocence Challenge, states have made substantial progress – 47 states have raised their grade, and while the majority of states were failing in 2011, there are no longer any states with a failing grade and 30 states now have an “A” or “B” grade. By closing gaps in state laws, this progress has also shown a light on where the most substantial gaps remain – unfortunately, those gaps primarily impact protections for child victims, specifically, laws that allow a child sex trafficking victim to be criminalized for their own victimization.

[easy-tweet tweet=”Gaps remaining in our state laws unfortunately primarily impact protections for child victims, specifically, laws that criminalize child sex trafficking victims for their own victimization. ” user=”SharedHope” hashtags=”#stoptheinjustice”]

Since the beginning of 2017, fifteen states have sought to pass laws to prohibit the criminalization of youth survivors of sex trafficking for prostitution and other offenses. Despite a growing consensus that children cannot be “prostitutes,” only four of the fifteen states have been successful in changing their laws. In fact, a majority of states still allow children to be arrested, detained, and prosecuted for prostitution, despite conflicting federal and state law that deems such children victims of child sex trafficking.

[easy-tweet tweet=”Since 2017, 15 states sought to pass laws to end the criminalization of youth survivors of sex trafficking for prostitution, only 4 of 15 were successful. ” user=”SharedHope” hashtags=”#stoptheinjustice”]

During this legislative session alone, twelve states introduced legislation to create new or strengthen existing protections for youth survivors of sex trafficking. By trying to stop the prosecution of minors for prostitution, these states embarked on a multi-state effort to demand protection, not punishment for child victims. Despite strong support among survivors, service providers, and anti-child sex trafficking stakeholders, all 12 bills have been unsuccessful so far.

In order to address the legal conflicts and mobilize states to enact non-criminalization laws that adequately protect and provide comprehensive services for survivors of child sex trafficking, Shared Hope International is launching the Stop the InJuSTice campaign. Complementing the campaign launch, Shared Hope’s Center for Justice and Advocacy will release a video and e-learning training series to promote a better understanding of defining, implementing and developing a JuST (Juvenile Sex Trafficking) Response. These resources bring together the voices of survivors, service providers and advocates from around the country to weigh in on this issue.

Why do states face challenges in making progress?

Developing and providing a specialized, non-punitive response to juvenile sex trafficking victims remains a complex challenge for most states. Because of this, the passage of non-criminalization legislation has plateaued over the last two years. Throughout the course of providing technical assistance to stakeholders and state policymakers, Shared Hope’s Center for Justice and Advocacy has identified three common challenges in adopting and implementing protective responses for youth survivors:

A lingering misconception that some minors can be “prostitutes.” Despite laws in all 50 states and D.C. that recognize the sale and purchase of minors for sex as a form of human trafficking, and thus the minor a victim of child sex trafficking, many people believe that some children can willingly and consensually engage in commercial sex. Because of this, several states have been reluctant to pass non-criminalization laws so that prosecutors and law enforcement can retain discretion in determining which children are deserving of punishment instead of services. This misperception is frequently fueled by a widespread misunderstanding of sex trafficking victimization and the ways in which resulting or underlying trauma can present in youth survivors.
A lack of alternative and appropriate placement options and services. All states, including those that have passed non-criminalization laws, are faced with the challenge of developing and utilizing safe and appropriate placement options for youth survivors. With far more survivors than available therapeutic homes or facilities, states may depend on detention centers to hold victims until alternative placements are identified, if ever. Additionally, some argue that detention facilities remain the safest placement option for survivors, despite evidence that placement in such facilities can be traumatizing and not conducive to healing.
Diverging opinions regarding the best way to engage youth survivors in long-term services. Some stakeholders argue that, without the threat of charges or discipline for non-compliance, many minors are unwilling to engage in their service plan or make decisions that are in their best interests. While some youth survivors present run risks and may not consistently participate in services, this oftentimes reflects underlying trauma that needs to be addressed outside of a punitive system. A non-punitive approach allows minors to engage in the development of their own individualized service plan, free of timelines or coercive delinquency charges, exhibit an increased ability to trust their service team, regain confidence and a sense of control, and heal on their own timeline.

[easy-tweet tweet=”3 Reasons why states face challenges in making progress to end the criminalization of child sex trafficking survivors. Read here about all three. ” user=”SharedHope” hashtags=”stoptheinjustice”]

Additionally, some law enforcement and prosecutors oppose removing criminal liability for youth survivors due to the belief that charging a survivor is an effective strategy in getting the minor to flip and testify against his or her exploiter. This strategy is detrimental and treats the minor as a prosecutorial pawn; it also goes against the evidence that a survivor’s cooperation in an investigation actually improves when the survivor, instead of being criminalized, is able to access services and build rapport with law enforcement and prosecutors.

The consequence of inaction

Arresting, detaining, and prosecuting minors for prostitution is inherently unjust and creates a legal contradiction—state law recognizes the minor as a crime victim yet simultaneously punishes the child for the same conduct that creates their victim status.

[easy-tweet tweet=”Arresting, detaining, and prosecuting minors for prostitution is inherently unjust.” user=”SharedHope” hashtags=”stoptheinjustice”]

The criminal justice and delinquency systems are not designed to appropriately respond to juvenile sex trafficking victims. Treating child victims of sexual exploitation as criminals has serious long-term consequences. The process of being arrested, detained and prosecuted oftentimes creates an entirely new traumatic experience in the child’s life. It can strengthen a child’s attachment to their trafficker, while simultaneously fueling distrust in the systems that are there to serve the child. Delinquency charges can prevent the youth survivor from forming healthy and trusting relationships with persons in positions of authority who can assist and support the minor. Additionally, funneling youth survivors through the juvenile justice system can impair access to vital holistic support and care to address the trauma that accompanies and oftentimes precedes the exploitation. Charging exploited youth with prostitution and other offenses committed as a direct result of being trafficked has a long-term impact on their lives. Minors with juvenile records can be disqualified for employment and higher education opportunities, can be suspended or expelled from school, and can lose access to safe and affordable housing.

[easy-tweet tweet=”Treating child victims of sexual exploitation as criminals has serious long-term consequences.” user=”SharedHope” hashtags=”stoptheinjustice”]

Take action and join the mission!

Shared Hope International is committed to ending the practice of criminalizing juvenile survivors for their trafficking victimization. To mobilize change, the Center for Justice and Advocacy is launching Stop the InJuSTice, a campaign to seek advancements in both policy and practice. Here’s how you can get involved!

Sign up for our Thunderclap! To kick off the Campaign, on June 22^nd we will be releasing our new video, “Stopping the InJuSTice” on our campaign page and via Thunderclap. This new video amplifies both the voices of youth survivors who have experienced criminalization for their trafficking victimization and solutions for change. Sign up for the Thunderclap to automatically share this important message and the new video when it is released on June 22!

Take our training On June 22 we will also release Just Response, a free webinar training program to advance non-punitive, protective responses for youth survivors.

[easy-tweet tweet=”Take action to end the criminalization of child sex trafficking victims. Read this blog to find out how!” user=”SharedHope” hashtags=”stoptheinjustice”]

April 24, 2017 by Susanna Bean

Shared Hope to Oppose California AB 1402

Tomorrow morning, Tuesday, April 25th the Public Safety committee of the California Assembly will hold a hearing on Assembly Bill 1402. You can listen to the hearing here live, beginning at 8:30 AM PT.

Contrary to sensational statements that SB 1322 “legalized child prostitution,” the 2016 bill clarified that children engaged in commercial sex are victims of sex trafficking, deserving of a protective, not punitive, response.

Shared Hope is opposed to California AB 1402, and is working to protect the new law (SB 1322) ensuring that California children who have been exploited are treated as victims of a crime, not as criminals.

We have submitted opposition testimony for the hearing tomorrow. The full text can be found here.

March 1, 2017 by Sarah Bendtsen

Why does it matter?

Wrestling with the intersectionality of language and response

As lawyers and activists, Shared Hope’s Policy Team is frequently fielding the question, “Why does it matter?” “Why does it matter what language we use?” “Why does it matter who responds to the plight of a trafficked child?” “Why does this specific law matter?” These questions are sound—in fact, we are grappling with the same. These questions are at the heart of every bill we write, every testimony we provide, and every conversation we have. If we fail to uncover and respond appropriately to the “why,” we will fail in our efforts to respond appropriately, through law and policy, to the victimization of our nation’s trafficked children.

Ultimately, language shapes how we view a person or issue. Referring to a commercially sexually exploited child as a prostitute not only conjures up a plethora of stereotypes and assumptions, it lays the foundation for the responses that a child will receive. Whereas a “prostituted” child stirs up the misplaced idea of an incorrigibly wild tween who deserves correction and punishment, a child victimized by a serious and systemic sexual crime properly identifies that child as requiring and deserving of protection, sympathy, and services.

More bluntly, the underlying crime of child sex trafficking is the raping and sexual molestation of a child. Our society and legal systems rightfully identify this type of sexual conduct between an adult and child as sexual abuse and violence; money neither sanitizes this crime, nor reverses the role of offender and victim. Language matters. Our commercially sexually exploited children are not criminals, they are victims of a crime, victims of circumstances, and in too many states, victims of a criminal justice system that punishes, rather than protects.

[easy-tweet tweet=”Language matters. Our commercially sexually exploited children are not criminals, they are victims of a crime. “]

This year, ten states sought legislation that demands protection not punishment for commercially sexual exploited children. If passed, these ten states would join the 19 other states to clarify that a minor cannot be prosecuted for prostitution offenses. These states understand that children, facing unimaginable plights, are victims, not “prostitutes,” “delinquents,” or “rebels.”

Words matter. Our responses matter. Your support matters.

States who introduced Non-Criminalization Legislation in 2017:

Massachusetts
Wisconsin
Rhode Island
South Dakota
Louisianan
Indiana
Maine
Missouri
Pennsylvania
West Virginia

Take action at our Legislative Action Center

January 3, 2017 by Sarah Bendtsen

California Recognizes Kids are Victims, Not Criminals

New law in line with national movement to protect juvenile sex trafficking victims

California’s SB 1322 went into effect on January 1. This bill not only sparked a fiery discussion centered on one op-ed, it also led Assemblyman Travis Allen to introduce AB 1402 for purposes of repealing SB 1322. Contrary to sensational statements that SB 1322 “legalized child prostitution,” the 2016 bill clarified that children engaged in commercial sex are victims of sex trafficking, deserving of a protective, not punitive, response.

SB 1322 follows in the steps of legislation passed by 19 other states in the U.S. and recognizes that children who have been bought and sold for sex are victims of child sex trafficking. As victims of this crime, they cannot also be charged with or held liable for the crime of prostitution. This bill is not only a vital step to fighting juvenile sex trafficking in the US, it is in line with the national movement to ensure state laws treat child sex trafficking survivors as victims instead of criminals.

Shared Hope advocates for non-criminalization legislation, like California’s SB 1322, because it is based on the empirical research into the nature of a child’s vulnerability and brain development. Extensive research shows that children who engage in commercial sex do so in an effort to survive, or because a manipulative adult reaps a direct and substantial benefit from the child’s victimization. Tucked inside the non-criminalization debate is the inarguable element that, in the same way a children cannot legally join the military, purchase alcohol, register to vote, or enter into a contract, a child cannot consent to selling sexual services or performances.

The passage of SB 1322 in September 2016 was a significant and imperative step in reconciling a glaring contradiction in California state law which allowed a child engaged in commercial sex to be both a victim of commercial sexual exploitation and an offender under the same prostitution statute. Removing criminal liability for an offense that a child cannot commit prioritizes the safety, welfare, development, and protection of all children.

For that reason, it is critically important in the fight against child sex trafficking to recognize that removing criminal liability for minors engaged in commercial sex does not incentivize adults who commercially sexually exploit children. Instead, making sure that the buyers and sellers of sex with children are the only possible offenders under prostitution laws de-incentivizes such behavior by removing the facade of “consent,” “willingness,” or “desire” of the child that offenders rely on to avoid culpability.

One commonly raised, but misguided, argument against non-criminalization for children is that such laws strip the criminal justice system of a tool that ultimately protects children from the injurious nature of commercial sex. In fact, treating children as criminal offenders, particularly as “prostitutes,” is stigmatizing and re-traumatizing. In the same manner that we do not arrest and treat child sexual abuse victims as delinquent children, we must require a protective response for children similarly abused through commercial sexual exploitation.

Shared Hope’s six years of research on best practices for writing laws to fight domestic minor sex trafficking show that California has joined 19 states and the District of Columbia in recognizing these realities and passing laws to end the criminalization of child sex trafficking victims. California follows in the footsteps of states across the nation, from Montana to Alabama, from New Hampshire to Illinois, from North Dakota to Connecticut, who already passed non-criminalization legislation. SB 1322 is not an isolated state law, but instead brings California into the national movement of state legislatures rejecting outmoded ideas about the culpability of children for their own sex trafficking victimization and passing legal protections for them.

Ultimately, the laws governing a society reflect the attitudes and beliefs of that society. As a country, we have continuously demonstrated our commitment to protecting children from harm, and in the unfortunate moments that such harm cannot be prevented, we have collectively demanded that rehabilitation and refuge be provided for them. Victims of child sex trafficking are certainly deserving of these protections. Criminalizing children for the crimes committed against them is not only unjust and harmful; it is contrary to the ideals that we strive to reach for all of the nation’s children. SB 1322 is consistent with the growing national recognition of the need to protect rather than criminalize child sex trafficking victims.