Oregon Receives Dangerously Low Grade for Child Sex Trafficking Laws
Portland, Oregon, often referred to as “Pornland”, has earned a reputation for having the largest legal sex industry per capita in the nation, even compared to Las Vegas. One Portland directory lists 40 erotic dance clubs, 47 all-nude strip clubs, 35 adult businesses and 21 lingerie modeling shops and most of these businesses are stacked conveniently on 82nd Avenue. Numerous child victims have revealed they were groomed by their pimps and ultimately advertised for purchase through these legal sex markets. In 2009, the Sexual Assault Resource Center served at least 75 victims of trafficking. Is Portland one of the most dangerous cities for children in America?
Despite the mounting negative press, the leadership of Portland is confronting this issue head on. Mayor Sam Adams recently stated
“Human trafficking, and especially juvenile human trafficking, goes against everything this city believes in and stands for, and we must do much more to combat the causes and symptoms of this problem.”
And it’s not all talk. City Commissioner Dan Saltzman, recently sponsored a resolution that was approved by the council to dedicate assets seized from pimps and their customers to shelter and services for victims. In a downtrodden economic environment, it’s a brilliant and fitting idea to make pimps and buyers foot the bill for the victims they create.
However, according to the Protected Innocence Oregon Report Card, which landed Oregon a “D”, there is clearly more work to be done. The Protected Innocence Legislative Framework outlines six areas of law critical to protecting and responding to child sex trafficking. The Report Card identified several areas of Oregon law that should be applauded for its strength such as the strong investigative tools provided to law enforcement to combat the crime of trafficking. This lightens the responsibility of the child victim as the primary witness in a case. Additionally, Oregon’s broad child abuse and neglect statues allows for a child protection response rather than a delinquency response. The Report Card provides legislators, community advocates, students, and professionals with a road map of the changes necessary to ensure protection for the victims and punishment for the criminals who exploit them.
The Oregon Report Card outlines four critical legislative changes needed:
– Amend the state human trafficking law to align with the federal Trafficking Victims Protection Act by eliminating the requirement of force in cases of child sex trafficking.
– Amend the sex offender registry law to require convicted traffickers and buyers of child sex trafficking victims to register as sex offenders.
– Make buying or attempting to buy sex with a minor a separate crime from solicitation of an adult for prostitution and reference the trafficking in persons statute as the applicable crime and penalty. Currently, the law on solicitation of prostitution does not differentiate adults from a minor and is a misdemeanor – regardless of age.
– Amend “rape shield” law to include the victim-witnesses of compelled prostitution or sex trafficking so they are not left unprotected from a re-traumatizing examination when they testify. As in other sexual offense cases, evidence of a victim’s past sexual behavior should not be admissible.
These are changes that legislators can make right now. Let’s lend our voice to advocate for those who have been silenced through sexual slavery. Getting a “D” on the protection of children from traffickers is not acceptable! Legislators are stepping up to the plate, let’s encourage them to follow through on their commitment to make Oregon a safe place for children. Those stuck in sexual slavery are counting on you to make a difference!
Washington Scores a “C” Despite 2010 Strides
Today, Washington State Attorney General McKenna joined Shared Hope International to release the first Protected Innocence Report Card – Washington. The Report Card is based on the Protected Innocence Legislative Frameworkand sets a national standard of protection against domestic minor sex trafficking.
Washington State is blazing a path to protect their children from child sex trafficking. First, bi-partisan leadership from across the state came together to amend the Promoting Commercial Sexual Abuse of a Minor law, which significantly increased penalties for traffickers and buyers of children. Additionally, YouthCare opened the state’s first shelter specifically funded and programmatically designed as a safe haven for child victims of sex trafficking. However, despite these great strides, Washington received a “C”, indicating that it still has significant legislative gaps to close in an effort to create safe environments for Washington’s children.
The embracing of the Report Card by Attorney General McKenna, in spite of the mediocre grade, shows his commitment to advancing Washington’s efforts in strengthening laws that would protect children from traffickers. In December at the National Association of Attorney’s General, Attorney General McKenna challenged his colleagues to take Protected Innocence Initiative back to their states and to make combating child sex trafficking a top priority in 2011.
The Washington Report Card outlines four critical legislative changes needed:
– Amend the state human trafficking law to align with the federal Trafficking Victims Protection Act by eliminate the requirement of force, fraud or coercion in cases of child sex trafficking.
– Amend the patronizing a prostitute law to distinguish the solicitation of a minor with reference to commercial sexual abuse of a minor and/or human trafficking law as the applicable crime and penalty. Currently, the law on solicitation/patronizing a prostitute does not differentiate adults from a minor and is a misdemeanor – regardless of age.
– The Department of Social and Health Services (DSHS) should amend their definition of caregiver to include a “person in control and possession of a sexually exploited child” to bring a child victim of trafficking within the protection of DSHS.
– Amend laws to increase investigative tools for law enforcement by allowing for audio-taping conversations with persons involved in sex trafficking without need for a court order.
Linda Smith commended the work done in 2010, which she recognizes for raising Washington’s grade to the resulting “C”. However, Smith challenges: “We must ask ourselves, is a barely passing grade good enough for our children?” If barely passing isn’t good enough for you, take action by asking several key leaders to uphold their commitment to Washington’s children by strengthening the laws this legislative session!
Shared Hope Launches Protected Innocence Initiative Starting in Washington State
Child sex trafficking is happening in every community, city and state in America. Yes, even your city. Unfortunately, this crime is too often under-reported and under-identified – effectively silencing victims and empowering buyers to continue the cycle of exploitation. Training and awareness are vital in identifying victims of trafficking. Response, however, leans heavily on the strength (or weakness) of the laws used to protect victims and prosecute traffickers and buyers.
Tomorrow, on National Human Trafficking Awareness Day, we are launching the Protected Innocence Initiative. Under this initiative, we will release fifty-one individual Report Cards in Spring/Summer 2011 to measure the level of protection afforded by state laws regarding sex trafficking of children. The Report Cards are based on the Protected Innocence Legislative Framework, an analysis of state laws performed by the American Center for Law & Justice and Shared Hope International.
The Protected Innocence Legislative Framework outlines six areas of law critical to protecting children and responding to domestic minor sex trafficking.
- Criminalization of domestic minor sex trafficking
- Criminal provisions for demand (buyers)
- Criminal provisions for traffickers (pimps)
- Criminal provisions for facilitators (hotels, transports, websites, etc.)
- Protective provisions for the child victims
- Criminal justice tools for investigation and prosecutions
The Report Card is premised on the belief that the true measure of a state’s standing is how well it protects its children and provides them with access to justice. By exposing the legislative gaps within each state that fail to provide the cornerstone of strong law to victim advocates, prosecutors and law enforcement, we hope to spark innovative action to increase protection for the victims and punishment for the criminals who exploit them.
Does your state allow children’s bodies to be converted to cash and innocence sold by the hour? Find out when we release the Protected Innocence Report Card for your state. Click here to let your Governor know that the quality of your laws mean the difference between safety and danger for children in your state.
Read more about the Protected Innocence Initiative online at Change.org.
S. 2925 Falls Through in the Final Hour
Last night, the Senate adjourned without passing S.2925, the Domestic Minor Sex Trafficking Deterrence and Victims Support Act of 2010. After passing in the Senate and the House with bipartisan support, the Senate failed to act on behalf of children exploited through prostitution and suffering–without the shelter, services and access to justice this bill promised.
It is terribly unfortunate we could not get the much-needed funding and resources for our children; however we have been heard on Capitol Hill. Advocacy throughout 2010 led to three Congressional briefings and two committee hearings on the issue of domestic minor sex trafficking. Congressional offices were flooded with emails and calls, including Change.org petitions that gathered more than 3,000 signatures, in support of this bill. This issue was noticed!
We extend our sincerest thanks to all the champions in Congress and the advocates around the country! We will continue to fight for the rights of the young victims of sex trafficking in our nation, and we ask you to continue to join us in 2011 and beyond.
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