Policy Archives - Page 2 of 11 - Shared Hope International

November 15, 2023 by stephen

Children in sex trafficking still unprotected by laws in most states, Shared Hope’s Report Cards on Child and Youth Sex Trafficking show

Nonprofit’s annual evaluation of all 50 states and Washington, D.C., shows progress in certain states’ legal protections and supports for victims, gives 32 states failing grades for laws addressing child and youth sex trafficking

WASHINGTON, NOVEMBER 15, 2023—Tennessee is the highest-performing state for laws to protect children and youth from sex trafficking and the first to achieve a grade of A in Shared Hope International’s Report Cards on Child and Youth Sex Trafficking, released today. As the only U.S. nonprofit organization working in every state to advance legislative protections for child and youth sex trafficking survivors, Shared Hope’s 2023 Report Cards for all 50 states and Washington, D.C., gave the majority of states – 32 – a grade of F, while Florida (B), Minnesota (C), California (C), and Washington (C) ranked in the top five of highest grade earners behind Tennessee.

The Report Cards are used to press for a national standard of victim-centered justice, which can be achieved only if all states are actively working to develop and implement robust protections and just responses to children and youth who have experienced trafficking. Through the Report Cards, Shared Hope is pushing states to ensure all minor victims of sex trafficking have access to protective care and services that help survivors heal and rebuild their lives.

“We applaud the progress that states have made in recent years, especially Tennessee in earning an A this year, according to our grading criteria,” said former U.S. Congresswoman and Shared Hope Founder and President Linda Smith. “At the same time, many states continue to struggle in their legislative efforts. This creates a wild patchwork of statutes across the country, with the number and quality of legal protections and responses literally all over the map. Regardless of state of residence, no minor should be punished for their own trafficking victimization. Instead, these minors deserve critical services and care.”

The Report Cards are the result of a comprehensive analysis and assessment of all legal responses to child and youth sex trafficking in each state. While Shared Hope recognizes a range of policy, practice, and cultural responses to sex trafficking victims in each state, the Report Cards evaluate only statutes and use 40 policy goals in six issue areas in its grading system. States are assigned up to 2.5 points for each policy goal for a possible total score of 100 (with a possibility of up to 10 extra credit points) and then assigned a letter grade – A, B, C, D, or F – based on their score.

The Report Cards are part of a larger toolkit that Shared Hope has produced for each state, which includes a State Analysis Report specific to each state’s statutes on child and youth sex trafficking. Shared Hope has produced the Report Cards and state analyses annually since 2011 as a tool to assist public policy activists and state elected officials in developing and advocating for better laws to support sex trafficking survivors.

In addition to the letter grades that Shared Hope has given to each state, the toolkit for each state this year includes the addition of a Safe Harbor Scorecard. This component was added to support and assist efforts as most states continue to develop robust Safe Harbor laws. Safe Harbor laws ensure victims of child and youth sex trafficking are not involved in the juvenile or criminal justice system but are instead directed toward restorative and protective services. Sustainable protections for vulnerable youth must start with laws that prohibit arresting, detaining, charging, and prosecuting all minors for prostitution offenses, while also requiring law enforcement to direct children and youth to specialized services and care. These laws are a subgroup of all statutes covered by the Report Cards and are at the core of Shared Hope’s policy goals. The organization has been working on safe harbor laws for the last 12 years out of its total 25 years of existence.

“As states make significant legislative reforms to move away from criminalizing survivors, access to appropriate services is critical to successful implementation of safe harbor laws,” said Christine Raino, Senior Director of Public Policy at Shared Hope. “This necessary and encouraging shift is demonstrated by this year’s top-scoring states, which have all appropriated substantial state funds towards specialized services for trafficked children and youth.”

The national average of numerical scores on the 40 policy goals is 57.9 for 2023. The average has risen from 51.2 in 2022 and 47.9 in 2021, the year that Shared Hope strengthened its grading criteria to shift the focus from criminal laws to victim-centered responses and services. Prior to that, Shared Hope had issued its annual Report Cards for ten years under a different evaluation framework emphasizing criminal law responses.

Send your state’s Report Card to your legislators

August 25, 2023 by Sidney McCoy

Unjust Criminalization: Zephi Trevino’s Story

Zephaniah “Zephi” Trevino has pleaded guilty and has been sentenced to 12 years for murder and five years for aggravated robbery. The Dallas County District Attorney alleged Zephi —along with two men— had taken part in a robbery that left one man dead from a gunshot wound and another injured. Although Zephi was not responsible for pulling the trigger, she was charged as an accomplice. What has been left out of the DA’s narrative, however, is that Zephi is a victim of sex trafficking. The two men who were “lured” by Zephi to the apartment where they were ultimately robbed, were there to purchase sex from 16-year-old Zephi. Zephi was charged as an adult and was facing a capital murder conviction. She took a plea deal, citing the risk of a life sentence was “too grave.”

While discouraging, this result is unsurprising as Texas has refused to see those who have been trafficked as victims, rather than criminals. Indeed, Texas remains one of the few¹ states that still criminalizes minors for prostitution—the very crime that is synonymous with their exploitation. In 2019, Governor Greg Abbot vetoed a bill that would protect minors from criminalization for prostitution and would instead direct them to receive assessment and services through child welfare and community-based services. That same year, after passing unanimously through the House and Senate, Governor Abbot vetoed a bill that would establish a clemency review panel for certain offenses committed by victims of domestic violence and human trafficking.

As it stands in Texas, a human trafficking survivor who has been unjustly charged with a crime has just one remedy: a “nondisclosure petition²,” a form of post-conviction relief that is limited to prostitution, marijuana, and certain theft offenses if the offense was committed “solely” as a trafficking victim.³ The relief is further limited because survivors are ineligible for the relief if they have additional convictions, and it requires survivors to provide assistance to law enforcement and prosecutors.⁴

Legal protections for victims of human trafficking are imperative given deeply pervasive forced criminality that exists in trafficking situations. In a 2016 survey, the National Survivor Network found that 90% of trafficking survivors reported being arrested and 60% reported being arrested for crimes other than prostitution or drug possession.⁵ Perhaps most significantly, the survey demonstrated that over half of all respondents believed that 100% of their criminal-legal involvement was directly related to their trafficking experience.⁶ These victim-offenders⁷ are retraumatized by their detention and prosecution. They are also left with a criminal record that hinders their ability to secure safe housing, employment, education, and other services. Contrary to the TVPA’s decree those trafficking victims not be criminalized as a result of their victimization,⁸ survivors continue to be charged with crimes related to their trafficking and states such as Texas fail to provide adequate legal protections to prevent criminalization.

What’s worse, the criminal-legal system itself can often mimic the power and control dynamics that exist in a trafficking situation. Justin Moore, one of Zephi’s defense attorneys, alluded to this in his comments to the press, stressing an “urgent need for a legal system that is trauma-informed . . . and that also calls into question the unchecked power that [prosecutors] have in this country and how they can bully defendants who are victims into taking plea deals.”⁹ This “bullying,” the pressure and coercion that is often applied on victims who are charged alongside their traffickers and co-conspirators, is a tactic used all too often. Indeed, the same youth who are charged as defendants alongside their trafficker may also be called to testify against their trafficker, and that testimony could be central to their successful prosecution.¹⁰ Although it does not appear that the Dallas District Attorney is pursuing trafficking charges against Zephi’s co-defendants, studies have shown that conditions of the juvenile/criminal justice process, secure confinement, and the stigma of criminal records alone further harm and traumatize child sex trafficking victims.¹¹ Prosecutors must weigh considerations of the harm to victim-offenders and the injustice of coercive charging tactics, and further, should be trained on victim-centered investigations and prosecutions to ensure positive identification of survivors and prevent unjust criminalization. Texas does not currently mandate such training.

Sex trafficking victimization and forced criminality are intrinsically linked. Arresting and prosecuting sex trafficking victims for criminal offenses, even violent ones, is in direct conflict with a victim-centered criminal justice approach and reflects a limited understanding of the complex nature of victim-offender intersectionality. Prohibiting the criminalization of sex trafficking victims for offenses related to victimization accounts for the nature and extent of control exerted by sex traffickers, and the influence of trauma on the decision-making process and behavior of survivors. Accordingly, states must enact non-criminalization laws, including an affirmative defense law, that don’t draw a “hard line” on the qualifying offenses and should extend to accomplice and co-conspirator liability.

Successful implementation of this change in law and practice will require training as well as active participation from criminal justice stakeholders, including law enforcement, victim advocates, prosecutors, and judges. To improve identification of sex trafficking victim-offenders, criminal justice stakeholders should take proactive steps throughout the criminal justice process to assess whether a person that is suspected of trafficking had also experienced trafficking victimization.

Finally, non-criminalization and post-conviction relief laws are two sides of the same coin. It is inevitable that survivors will “slip through the cracks” or go unidentified, resulting in unjust convictions. These survivors must be afforded an opportunity to vacate convictions they’ve received as a result of their victimization. States must not limit the types of crimes or charges for which a sex trafficking survivor can seek post-conviction relief to prostitution offenses. States limiting post-conviction relief to trafficking survivors who are convicted of prostitution or other sex offenses leave many sex trafficking survivors without any avenue for relief.

1 As of August 2023, twenty-nine (29) states plus Washington D.C. have passed laws preventing minors from being criminalized for prostitution-related offenses. Eighteen (18) states go on to expand non-criminalization laws to protect child sex trafficking survivors from being prosecuted for other crimes committed as a result of their victimization. Nine (9) states prohibit criminalization for, or provide an affirmative defense to, violent felonies. See Safe Harbor page.

2 See Texas Government Code § 411.0728. Juveniles in Texas are afforded additional opportunities to vacate delinquency adjudications under certain circumstances. However, this relief is not afforded to juveniles convicted of criminal offenses. See generally Tex. Fam. Code Ann. § 58.253, Tex. Fam. Code Ann. § 58.255, and Tex. Fam. Code Ann. § 58.256.

3 Freedom Network USA Texas – Freedom Network USA

4 Id.

5 National Survivor Network Member Survey: Impact of Arrest and Detention on Survivors of Human Trafficking, August 2016. Microsoft Word – VacateSurveyFinal (nationalsurvivornetwork.org)

6 Id.

7 Victim-offender is used to refer to an individual who has experienced, or is currently experiencing, sex trafficking victimization and is alleged to have engaged in conduct that violates the law. See generally Shared Hope Int’l, Responding to Sex Trafficking: Victim-Offender Intersectionality (2020) https://sharedhope.org/wp-content/uploads/2020/01/SH_Responding-to-Sex-Trafficking-Victim-Offender-Intersectionality2020_FINAL.pdf.

8 22 U.S.C. § 7102(17) (2000) (“The term ‘victim of trafficking’ means a person subjected to an act or practice described in paragraph (9) or (10).”); Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22, § 109, 129 Stat. 239 (“[S]ection 108 of this title amends section 1591 of title 18, United States Code, to add the words ‘solicits or patronizes’ to the sex trafficking statute making absolutely clear for judges, juries, prosecutors, and law enforcement officials that criminals who purchase sexual acts from human trafficking victims may be arrested, prosecuted, and convicted as sex trafficking offenders when this is merited by the facts of a particular case.”).

9 “Grand Prairie’s Zephi Trevino sentenced to 12 years in prison in fatal 2019 robbery” Jamie Landers and Kelli Smith Aug. 21 2023

10 Supra note 7.

11 Id.

November 1, 2022 by Shauna Devitt

Shared Hope’s 2022 Report Cards Release: Kids Can Still be Charged with Prostitution in Almost Half the Country, Highlighting Need for Steady Legislative Improvements

Shared Hope International’s newly released Report Cards on Child & Youth Sex Trafficking reveals 37 states received failing grades for laws addressing child and youth sex trafficking, showing the nation’s continued challenge to provide comprehensive and accessible victim protections.

Watch the 2022 Report Cards on Child & Youth Sex Trafficking release video!

Shared Hope International’s 2022 Report Cards on Child & Youth Sex Trafficking shows almost half the country still allows children to be criminalized for their own victimization and a vast majority of states fail to provide funded, holistic services to child sex trafficking survivors. As the only U.S. NGO working in every state to advance legislative protections for child sex trafficking survivors, Shared Hope analyzes child and youth sex trafficking laws in all 50 states and the District of Columbia, using 40 policy goals to evaluate legal responses to child sex trafficking victims.

The report is used to press for a national standard of victim-centered justice, which can only be achieved if all states are actively working to develop and implement robust protections and just responses to children and youth who have experienced trafficking. Through the Report Cards, Shared Hope is pushing states to ensure all children have access to protective care and services that help survivors heal and rebuild their lives.

“We are thrilled to see many states introduce legislation this session addressing some of the largest gaps in appropriately responding to survivors of child sex trafficking: the development of statewide service responses, dedicated state funding, and provision of non-criminalization protections,” said former Congresswoman and Shared Hope Founder, Linda Smith. “However, a number of those states struggled to move related bills over the finish line, resulting in a preservation of status quo responses; today, too many children remain vulnerable to punishment for their own trafficking victimization and are unable to access critical services and care.”

In Shared Hope’s Report Cards on Child & Youth Sex Trafficking, states are graded across six policy issue areas, providing a consistent measure of state progress. States receive a letter grade based on their score, receiving an A, B, C, D, or F. In the 2022 report, zero states received an A. Tennessee has become the first, and only state, to receive a B, with an overall grade of 81.5. Three states have received a C, Florida, Texas, and California. Ten states received a D, and 37 states have received a failing grade of an F.

“It is encouraging to see states advancing reforms that reflect recommendations made in the 2021 Report Cards,” noted Christine Raino, Senior Director of Public Policy at Shared Hope. “In particular, it is exciting to award the first “B” grade only two years after introducing and utilizing a new framework aimed at prioritizing and advancing critical victim protections.”

In the next wave of legislative reform, Shared Hope is deepening its focus on state “safe harbor laws.” With more than a decade of commitment to improving safe harbor laws across the country, Shared Hope aims to set the precedent for safe harbor laws that ensure victims of child and youth sex trafficking are not involved in the juvenile or criminal justice system but are instead directed toward restorative and protective services.

Learn more about the importance of investing in community-based services by watching this video.

“It is my hope that stakeholders across the U.S. will utilize the upcoming legislative session to make significant headway on crafting and funding survivor-centered reforms, ensuring that states are equipped to provide all young people with the care, protections, and opportunities that positively impact their trajectory,” emphasized Raino. “Investment in communities, including community-based services, families, and children themselves, should be a priority for all states, paving the way for effective responses to and, most ideally, the prevention of child and youth sex trafficking.”

Expanding safe harbor laws to prohibit arresting, detaining, charging, and prosecuting all minors for prostitution offenses, while also requiring law enforcement to direct children and youth to specialized services and care, is necessary for implementing sustainable protections for vulnerable youth. Too often systems become the default for protecting children, removing children from the support networks that build their resilience to avoid being re-trafficked. Investing in services is investing in the eradication of child and youth sex trafficking in the United States; guaranteeing all children receive appropriate identification allowing for trauma-informed care and access to services.

Shared Hope’s Report Cards are now available. It is vital the Report Cards reach the hands of lawmakers across the nation and spur survivor-centered legislative reform. A campaign to contact legislators to push survivor-centered reform is now live here, allowing advocates to take action by emailing and tweeting their elected officials. Learn more about safe harbor here.

November 1, 2022 by Christine Raino

Safe Harbor – What’s in a Name?

Lack of Consistency in Child Sex Trafficking Laws May Hurt Our Children

By Christine Raino and Eliza Reock

What’s in a name? A lot, actually. In the area of anti-sex trafficking law and policy, words and definitions matter. They have the ability to affect thousands of lives of individuals who have survived sex trafficking. In recent years, policy makers and anti-trafficking advocates around the nation have been celebrating the success and passage of “Safe Harbor” laws . . . the problem? No one knows what that means.

After over 20 years in the fight to combat sex trafficking and protect victims, Shared Hope recognizes the importance of language. For instance, we see the vast difference between the response to a child thought to be a victim of sexual exploitation and that same child if he or she is instead labeled a “child prostitute.” A simple change in terminology–from “child prostitute” to “child sex trafficking victim”–alters subconscious impression. Since the release of our 2009 National Report on Domestic Minor Sex Trafficking, Shared Hope has been working with law enforcement, service providers and policy makers to imprint this understanding and assure that adults working with trafficked children recognize them as victims and not perpetrators of a crime. Yet, 23 states still have laws that allow children to be charged with prostitution and other crimes related to their trafficking abuse, effectively criminalizing them for the same conduct that makes them a victim of a crime. Laws matter. This conflict in the law is confusing and complicates our response.

Does this 23 state statistic surprise you? Well, you may be surprised because many states claim to have fixed the problem by enacting a “safe harbor” law. But what does it really mean to pass a “safe harbor” law? Unfortunately, this term has no single, clear meaning. Current “safe harbor” laws range all the way from an affirmative defense with no clear path to services, to comprehensive laws that respond to sex trafficked kids through various points of contact and mandate access to specialized services. As a result, the term “safe harbor” has become a catch-all phrase for any attempt to reduce criminalization of minors for prostitution—some of these laws are progressive and comprehensive and others fall far short of what is needed to truly protect child victims.

The term originates from the very first law enacted to protect juvenile sex trafficking victims from criminalization, the New York Safe Harbor law, enacted in 2008. This law allows minors to be charged with prostitution and directed into an adversarial court process in order to access services, and was definitely not the original goal of the bill. When survivor advocates set out to establish this new protection for sex trafficked youth and Assembly Bill 5258 was introduced, it would have eliminated criminal liability for minors for prostitution. Non-criminalization was the goal of the bill, and even though that’s not where the bill ended in 2008, that should still be the goal – for every state. Unfortunately, this incomplete response became the jumping off point for other states’ attempts at protecting minors from criminal liability, many of which continued to use the “safe harbor” terminology.

One of the risks of continuing to utilize an ill-defined term, and giving states credit for “safe harbor” laws without closely examining the structure of those laws, is complacency–the sense that the issue has been addressed–yet there is not one single state that has worked out a highly effective response to juvenile sex trafficking. Nevertheless, the lack of a perfect model is not a reason to stop moving forward and it is exciting to see states taking initiative in the law to address the unfair penalization of juvenile sex trafficking victims.

This is not a simple process and it requires a long term commitment as well as the willingness to keep assessing, evaluating and improving the laws necessary to protect juvenile sex trafficking victims. It is critical to maintain two clear goals at the core of the effort to draft truly effective child protective responses: (1) comprehensive laws that eliminate criminal liability for minors for prostitution and other nonviolent offenses related to their victimization, and (2) provision of an avenue to specialized services for trafficked youth.

Shared Hope has created useful tools that help educate advocates to understand their state laws meant to protect children who have been trafficked. Even if your state has a “safe harbor” law, examine the law to see if it meets the above named goals and if not, let your officials know that a bill name is not a victory. Join us in demanding that all states have legislative frameworks that undeniably and unequivocally provide justice for all child sex trafficking victims

Related Research:

Trauma, Coercion, and the Tools of Trafficking Exploitation: Examining the Consequences for Children and Youth in the Justice System

Seeking Justice Report

JuST Response Council Protective Response Model Field Guidance

Justice for Juveniles Field Guidance

Non-Crimiminalization of Juvenile Sex Trafficking Victims Policy Paper

State Mapping Report

Learn More About Safe Harbor

September 20, 2022 by Guest

“My story can change things.” – Pieper Lewis, September 13, 2022

In sentencing child sex trafficking survivor, Pieper Lewis, on September 13, 2022, Judge David Porter stated, “Ms. Lewis, this is the second chance you asked for. You don’t get a third. Do you understand?”

The judge was alluding to his sentencing order that imposed a term of probation in lieu of immediate imprisonment, however the “second chance” he believed he was providing is nevertheless one rooted in punitive responses for trafficking survivors. If the anti-trafficking movement is committed to moving toward truly trauma-informed approaches, “second chances” must not include criminalizing survivors for trauma and offenses committed as a result of trafficking victimization; “second chances” must not include tools of control and punishment that resemble a survivor’s past exploitation, including incessant supervision, adherence to strict rules, placement in locked facilities, and debts to earn freedom.

Yet, in providing a “second chance” to Pieper, Judge Porter ordered Pieper to pay her exploiter’s family $150,000 in restitution,[1] the court an additional $4,000 for expenses incurred in her prosecution,[2] and, for the next five years, to wear an ankle monitor, remain on probation, and live in a facility managed by the Iowa Department of Corrections. Further, if Pieper violates any term of her probation, the court is authorized to reimpose a 20-year term of imprisonment.

Trafficking another person, raping them, exposing them to abuse after abuse is horrendous. While a person being trafficked is still breathing, and therefore technically alive, their life is no longer their own. Victims of human trafficking are subjected to a level of control that enslaves them fully, mind and body. They are subjected to abuses, assaults, and a commodification that reduces them to a product and shreds the soul.

Prosecutors argued that Brooks was asleep at the time he was stabbed and therefore not an immediate danger to Lewis. Such assertions can only be made by someone entirely disconnected from the intensity of trauma and human trafficking. Brooks had drugged and raped Pieper repeatedly, on more than one occasion, contributing to a pattern of sexual violence inflicted on her, as well as other harm, including homelessness and poverty.

Pieper Lewis, a 15-year-old child at the time of her arrest, has not been treated as such, nor has she been treated as the victim she was and, as she rightfully claimed in court, the survivor she is. Indeed, Pieper powerfully demonstrated her resilience during her sentencing hearing, “Today, my voice will be heard. The story of Pieper Lewis holds power. The trauma of Pieper Lewis carries a ruptured beginning, tormented past and a delayed future. With perseverance, we have the ability to change the direction of our delayed and unknown futures.” But she also spoke to how the criminal justice system had overlooked and ignored her victimization as she was prosecuted for a crime that directly arose from the abuse and trauma she experienced through trafficking, “I wish the events that took place on June 1, 2020 never occurred, but to say there’s only one victim to this story is absurd.”

Even when imprisonment is avoided, criminal and juvenile justice responses are inherently punitive and often compound trauma, contribute to cycles of poverty and exploitation, and fail to positively contribute to the survivors’ healing. They also cement cultural beliefs and practices that blame victims for their own harm suffered. This is the reason more comprehensive approaches to preventing survivors from being criminalized are at the core of survivor-centered reforms.

As a judge in a state that continues to allow children to be charged with prostitution–conduct that is synonymous with their trafficking victimization–Judge Porter’s ruling cemented the victim-blaming beliefs that have undermined efforts to protect rather than punish child sex trafficking victims in Iowa.

Iowa currently joins 23 states that still criminalize children for prostitution, 34 states that still allow children to be charged and prosecuted for other non-violent crimes or trafficking charges that resulted from their trafficking victimization, and 42 states that still do not allow child sex trafficking victims, like Pieper Lewis, to assert a defense to violent felony charges that arose from trafficking victimization. We as a country have a long way to go to recognize, in our laws and within our judicial system, the harm that is caused by continuing to treat victims of trafficking as criminals while ignoring the impact of their victimization.

Together, The Genesis Project, Shared Hope International, and the Iowa Network Against Human Trafficking and Slavery seek just responses for trafficking survivors, including Pieper. We strongly urge dramatic change in how survivors of trafficking are treated in Iowa and beyond. We invite you to join us and help shift the status quo to one that protects survivors rather than blaming and punishing them for their own victimization.

Footnotes:

[1] https://www.gofundme.com/f/vxgt7q

[2] The prosecution of Pieper Lewis was inherently unjust as the lack of legal protections (e.g., an affirmative defense, non-criminalization protection) available to human trafficking victims under Iowa state law and, thus, unavailable to Pieper, left her with no legal remedies. As a result, despite her status as a child sex trafficking victim, she was arrested, prosecuted, and sentenced for an offense that arose from her trafficking victimization. In response to the injustice of Pieper being prosecuted and sentenced in the death of her abuser, without access to legal protections, advocates and supporters of Pieper have raised over $550,000 (as of September 19, 2022) to pay her restitution order and court fees and provide additional funds to positively impact Pieper’s trajectory. To learn more about best practice for responding to sex trafficking victims engaged in criminal or delinquent conduct, please visit: https://reportcards.sharedhope.org/safeharbor/.