Safe Harbor Archives - Page 4 of 4 - Shared Hope International

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.

September 10, 2016 by Rickie Scott

Children: Victims Not Criminals

A bill sits on Governor Jerry Brown’s desk designed to address the sex trafficking of children in California. While many people have joined the cause to fight sex trafficking abroad, few realize that it occurs in their own neighborhoods. Who would think that California, the land of sunshine, natural beauty, and “good vibes,” hides a dark history of sex-related crime?

Miya was a normal teenager working multiple jobs to save up money for college. One day, while selling sunglasses at the mall, a couple approached Miya and lured her with the promise of a modeling career. She was captured, trafficked to California, forced into prostitution, and subject to repeated physical and emotional abuse. Imagine – girls like Miya finally escape their torturer only to be criminalized for a situation in which they were the victim. Sadly, this is all too often the case.

The problem is not limited to California’s laws. The appalling truth is, across the nation, only 15 states have enacted state prostitution laws that prohibit the criminalization of juvenile sex trafficking victims; however, progress is being made. Influenced by Shared Hope International’s Protected Innocence Challenge, a comprehensive study of state laws that form the framework of protections for child sex trafficking victims, five states in the last year alone, enacted legislation to prevent the criminalization of minors involved in prostitution. Additionally, 2016 is the first year that all 50 states have passed legislation criminalizing the sex trafficking of minors.

However, after receiving a “D” on its Protected Innocence Challenge Report Card in 2015, California’s laws need improvement. The state previously enacted the California Trafficking Victims Protection Act, which criminalized human trafficking, and the Human Trafficking Collaboration and Training Act, which required law-enforcement officers to complete response training, but it is not enough. While these bills created reports and established the California Alliance to Combat Trafficking and Slavery, the stigma surrounding prostitution remains engrained in the minds of both citizens and law enforcement officials. Jim Saleda, an Oakland Police officer, described the unit’s increased understanding of the complicated issue: “When we first started, the attitude toward prostitutes was ‘clear the streets.’ Now…we treat them as victims.” Unfortunately, this new attitude is not wide-spread.

Young sex trafficking victims are treated as criminals and suffer unjust, traumatizing consequences, such as search, arrest, and detention, which intensifies their trauma, sends the message that they are responsible for the violence committed against them, and produces a distrust of the justice system. The emotional toll of this process alone affects the success of the overall fight against sex trafficking and undermines relationships with law enforcement, prosecutors, child welfare, and service providers. Most federal and state trafficking laws define a commercially sexually exploited minor as a victim of sex trafficking. Why will that same child face criminal charges under the prostitution law for an act they legally cannot consent to? No other child will suffer criminalization for their own sexual abuse, yet minors who are sex trafficked will face fines and jail-time, which reinforces trauma bonds with their traffickers, denies them immediate, necessary services, and hinders their ability to successfully recover from their past.

Senate Bill 1322, which was sent to Governor Brown on August 30 for approval, is a necessary and fundamental step in eliminating child sex trafficking, as well as the stigma surrounding it. With the production of this bill, California is at the forefront of a rapidly growing number of states that are taking strides towards ending human trafficking. Shared Hope International is making efforts through its Legislative Action Center to ensure that the bill passes and successfully prevents juvenile sex trafficking victims from being unfairly criminalized for their own victimization.

There is no such thing as a “child prostitute”, and there cannot be a true shift in the cultural view until the law treats them consistently as victims of abuse. However, even non-criminalization is not the full solution to this complex issue. Abused youth must be connected with services, not punishment .Without access to proper services, these children remain at risk of being re-exploited. With the production of Senate Bill 1322, California has taken the first step, yet policy makers, law enforcement, prosecutors, service providers, and society must join together to compassionately support children abused by the horrors of sex trafficking. Shared Hope International remains committed to encouraging the creation of a robust system of services for victims through the JuST Response Initiative.

You too can help California take this first step in making sure that child abuse victims receive protection and proper treatment by joining in the efforts of the National Center for Youth Law and West Coast Children’s Clinic and Rights4Girls, California organizations leading the fight against the criminalization of minor sex trafficking victims. Submit a support letter to Governor Brown through the CWDA website or join their Twitter campaign (@CWDA_CA, @ncyl_CSEC, @rights4girls and @westcoastccorg), using the hashtag #nosuchthingasachildprostitute.

April 5, 2016 by Rachel Harper

Shifting towards Justice: Non-Criminalization of Child Sex Trafficking Victims

During the 2016 legislative sessions this year, at least 10 states have introduced legislation that would protect a child from being blamed for their own commercial sexual exploitation, meaning that prostitution offenses would not apply to minors. As of August 1, 2015, 14 states and DC had already enacted full non-criminalization provisions to prevent prosecution of minors for prostitution. This means that almost half of the country has enacted or is considering legislation to protect child sex trafficking victims from being put on trial for the very conduct that constitutes their victimization. Under federal law, any child who is bought or sold for sex acts is a sex trafficking victim. Last year, in the Justice for Victims of Trafficking Act, Congress urged the states to treat commercially sexually exploited children as victims and direct them to services instead of punitive responses and prosecutions.

Laws that protect all minors from prostitution charges are necessary to justly respond to juvenile sex trafficking victims and safeguard child victims from being treated as criminals. No child should be unfairly stigmatized as a “prostitute,” especially by the courts. In short, there is no such thing as a “child prostitute.” Shared Hope’s policy paper, Non-Criminalization of Juvenile Sex Trafficking Victims “discuss[es] the social and legal importance of ending criminalization of minors for prostitution offenses.” Prosecuting or charging a youth for prostitution offenses based on commercial sex acts is irreconcilable with the fact that the commercial sex act, itself, constitutes the abuse, rape, and exploitation of the child, rendering that child a victim in need of restorative services. Arresting, charging, detaining, and prosecuting child sex trafficking victims can re-traumatize these vulnerable victims. Additionally, arresting youth can strengthen trauma bonds with traffickers who have warned victims that they would be arrested and blamed if they were to seek help from law enforcement or were “found out.” Youth are often further bound to their trafficker and feel isolated from society when they are arrested. In her book, Walking Prey, Holly Austin Smith shares the harmful effects of her arrest and detention:

When I was arrested by law enforcement for prostitution, I was made to feel like a criminal, like a juvenile delinquent. I felt stupid, ashamed, and ostracized by society. Days later, alone in my bedroom, I felt so abandoned, so forsaken by society, that I attempted suicide.

Implementing non-criminalization and ensuring safety for commercially sexually exploited children is a consistent concern, and states have taken varied approaches in shifting from punitive to service-focused responses. Shared Hope’s field guidance document, Justice for Juveniles – A Field Guidance Report, surveys promising approaches to implementing non-criminal responses for juvenile sex trafficking victims.

Ensuring that comprehensive, trauma-informed, individualized services are provided to these victims is vital. As the trend of non-criminalization grows, states must simultaneously increase avenues to specialized services for commercially sexually exploited youth. According to the Protected Innocence Challenge, as of August 1, 2015, 29 states plus DC have enacted some sort of protective system response to direct minors away from punishment or detention and towards services, including responses of non-criminalization and other mechanisms, such as diversion or mandatory referrals by law enforcement to child welfare. Dollars are better and more justly spent on providing services to child sex trafficking victims, instead of arresting, prosecuting and punishing.

We look forward to the day where no commercially sexually exploited child in the U.S. can be charged as a “prostitute.”