Why Some State’s Stricter Laws Are Creating a Threat of Trafficking for Others

WASHINGTON, D.C. – Virginia is the only state in the nation that lacks a law against human trafficking for sexual exploitation, a crime that impacts an estimated 100,000 U.S. children each year. According to a new study by Shared Hope International, Virginia is one of seven least protective states for at-risk kids, based on the insufficiency of its anti-trafficking laws.

In May 2014, a Roanoke County Police officer pulled over a van after she noticed rocking and other abnormal behavior. She found 16 people inside, piled on top of each other, the van smelling of sweat and urine. The driver indicated the individuals inside believed they were being taken to get a job or a visa; instead, they had been sold for $200 each. The officer was unable to arrest the driver because Virginia does not have a specific human trafficking law and federal law enforcement agents were unavailable to help with the arrest.

Shared Hope International launched the Protected Innocence Challenge, an annual evaluation of the sufficiency of state laws that impact child sex trafficking, in 2011 to respond to this dynamic. Previously, many states relied on federal statutes to address the crime; yet, many trafficking crimes were not accepted for federal prosecution, forcing states to handle the cases locally and relying on weak or insufficient laws. The Protected Innocence Challenge aims to advocate for stronger state laws to activate the nearly 30,000 state prosecutors across the nation. Over half the nation earned failing scores on the inaugural 2011 report card. Since then, 42 states have raised their grade and today only 4 states are earning failing grades.

As states strengthen laws, enabling more aggressive investigation and prosecution, traffickers may be searching for states with lower risk and greater tolerance. Only six states earned a lower score than Virginia, one being neighboring district, Washington, D.C., making the area at greater risk of attracting human trafficking.

Delegate Tim Hugo (VA-40) will announce his plans to strengthen Virginia’s human trafficking laws and raise the grade at a press conference on November 6 at the Capitol Visitor Center. Watch livestream or attend.

“I believe there is no worse crime than one committed against a child,” Delegate Tim Hugo said. “As a father, I am dedicated to ensuring child sex traffickers remain behind bars longer for such horrific behavior, so that neither my children nor any child in Virginia falls prey to those who seek them harm.”

Additionally, Virginia Congressman Frank Wolf will receive Shared Hope’s Lifetime Pathbreaker Award for a lifetime dedication to eradicating trafficking. Congressman Wolf is one of the House of Representatives’ leading crusaders for human rights. He actively implored the Obama Administration to increase its efforts to combat child sex trafficking facilitated through online classified sites like Backpage.com. Rep. Wolf has historically supported increases for Victims of Trafficking grants to develop stronger programs for victims. 

Why Some State’s Stricter Laws Are Creating a Threat of Trafficking for Others

WASHINGTON, D.C., South Dakota’s laws pertaining to child sex trafficking were named some of the weakest in the nation, according to a new study by Shared Hope International. The Protected Innocence Challenge reports on the sufficiency of state laws relating to domestic minor sex trafficking. South Dakota earned 58.5 per cent and is one of only four states in the nation with a failing score. Watch livestream or attend. 

The study was first conducted in 2011 and found 26 states earned failing scores. However, after four years of sweeping legislative advancements, 42 states have raised their grade. Three states, Louisiana, Tennessee and Washington, have earned “A” grades. Only nine states have not raised their grade since 2011 and California, Maine, Michigan and South Dakota are the only remaining states earning failing scores. As states strengthen laws, enabling more aggressive investigation and prosecution; traffickers may be searching for states with lower risk and greater tolerance. Growing concerns that these inactive states are at risk of attracting trafficking crimes from neighboring states with stronger laws are serious.

South Dakota is surrounded by fracking operations in three bordering states, contributing to an influx of transient workers in the area. Increasing the population of men who could be commercial sex consumers, compounded by weak state laws to deter the crime could entice traffickers to the region to meet the demand for this illicit business. 

South Dakota has strong federal leadership under U.S. Attorney Brendan Johnson, a 2014 Shared Hope International Pathbreaker Award Recipient for his dedication to anti-trafficking efforts. U.S. Attorney Johnson has overseen the prosecution of more than 25 human trafficking cases in five years, including three life-sentences and the federal prosecution of numerous men who attempted to purchase sex from trafficking victims. His office pursued the case of United States v. Jungers through the Eighth Circuit Court of Appeals, securing the critical decision that buyers of sex acts with minors are committing crimes of sex trafficking under the federal law, upping the risk of such activity by those who drive the sex trafficking markets.

The strength of South Dakota’s ability to adequately respond to trafficking crimes is currently contingent on federal leadership, and is conditional on the continued investment and political will of federal leadership. The Protected Innocence Challenge was created to respond to this dynamic. Previously, many states also relied on federal statues to address the crime. However, a majority of trafficking crimes were not being accepted for federal prosecution, forcing states to handle the cases locally and relying on weak or insufficient laws. The Challenge addresses key legislative gaps and makes recommendations for improvement so states can strengthen laws and implement effective state response.

A New Study by Shared Hope International Shows Oregon’s Efforts May be Paying Off

WASHINGTON, D.C., Portland is believed to have the highest rate of strip clubs per capita and has been dubbed “Pornland,” but a new study by Shared Hope International shows Oregon’s effort to crack down on trafficking may be paying off.

According to the Protected Innocence Challenge, a report on the sufficiency of state laws relating to domestic minor sex trafficking in the U.S., Oregon raised its grade from a “D” to a “B” in 2013 with continuing efforts to strengthen state laws. Watch the release of the state grades.

Historically, Oregon’s efforts to strengthen anti-trafficking laws paled in comparison to neighboring Washington. Washington created the first state Task Force Against Trafficking of Persons, enacted one of the first state trafficking laws, and in 2007 Washington overhauled its laws criminalizing commercial sexual exploitation of children by removing these penalties from the prostitution context and clarifying that these are crimes of sexual exploitation. As Washington strengthened its laws, enabling more aggressive investigation and prosecution traffickers went searching for states with lower risk and greater tolerance, putting Oregon at risk of attracting Washington’s trafficking market.

Prior to 2013, Oregon law enforcement and prosecutorial agencies’ proactive engagement in anti-demand efforts were impacted by weak state laws that failed to adequately penalize buyers, individuals who purchase sex acts from minors and fuel the sex trafficking industry by making it a profitable market. Previously, the crime of “purchasing sex with a minor” (ORS 163.413) was only a misdemeanor offense. This posed significant challenges for law enforcement agencies in substantiating the deployment of limited law enforcement resources to identify and investigate buyers who would only be charged with a misdemeanor. The District Attorney’s Office received a limited number of buyer cases for prosecution. While the agency worked creatively within existing laws to bring charges that would carry significant penalties to buyers, buyers were not charged with “sex trafficking.” By not charging buyers under sex trafficking laws, the scope of the crime could not be accurately measured, buyers were at risk of receiving lighter penalties for peripheral crimes, and victims may have faced barriers to accessing crime victim protections. 

However, in 2013, thanks to the support of the Multnomah County District Attorney’s Office, the Oregon District Attorney’s Association, the Portland Police Bureau, the Multnomah County Sheriff’s Office, and law enforcement agencies across the state, the Oregon Legislature passed a new law that elevated the crime of purchasing sex with a minor to a felony. Under the new law, the Portland Police Bureau has conducted proactive sting operations to identify buyers seeking to purchase sex with a minor and to hold buyers accountable through felony prosecutions. 

While Oregon made significant strides to enact stronger penalties, the state now faces the challenge of implementation. According to Shared Hope International’s Demanding Justice report, a study on buyer penalties in four target sites, over a quarter of Portland buyer cases concluded with a dismissal. Portland had the highest rate (62.5%) of cases that concluded with a buyer of sex acts with a minor receiving a misdemeanor conviction, a stark contrast from Seattle which has the highest rate of felony convictions for buyers of the four target sites. The data from Portland highlights the importance of strengthening state laws and enforcing them to the fullest extent of the law

The Protected Innocence Challenge was first conducted in 2011 and found 26 states earned failing scores. However, after four years of sweeping legislative advancements, 42 states have raised their grade. Three states, Louisiana, Tennessee and Washington, have earned “A” grades. Only nine states have not raised their grade since 2011 and California, Maine, Michigan and South Dakota are the only remaining states earning failing scores.