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Home>Latest News

September 4, 2015 by Guest

Why wasn’t Jared Fogle charged with sex trafficking?

About two weeks ago, Jared Fogle, famous for his Subway sandwich diet, was indicted for two serious federal sex crimes: 1) receiving and distributing child pornography and 2) traveling to engage in illicit sexual contact with a minor. (Fogle has since pleaded guilty to both offenses).

Recently, public debate questioned, ”why wasn’t Fogle charged with rape?” But why not sex trafficking? The indictment alleges facts that would amount to sex trafficking under federal law, such as allegations that Fogle paid for sex acts with a minor in the Plaza Hotel and in the Ritz Carlton Hotel in New York City. The indictment also reports that Fogle offered to pay for sex with other minors and asked to be put in contact with other youth saying, “the younger the girl, the better.”

In May 2015 the Justice for Victims of Trafficking Act (JVTA) was enacted and clarifies that the federal crime of sex trafficking includes buyer conduct by adding “patronizes” and “solicits” as prohibited conduct.  Importantly, force, fraud or coercion does not have to be proven when a minor is “caused to engage in a commercial sex act” to be sex trafficking. In fact, buyers commit sex trafficking offenses regardless of whether there is a third party or trafficker involved, as discussed in Shared Hope’s recent policy paper, Eliminating the Third Party Control Barrier to Identifying Juvenile Sex Trafficking Victims.

But what about New York’s ability to respond to this type of behavior and protect minors? The lack of appropriate state-level offenses is a glaring issue here. First, New York is an outlier as one of only 4 states that requires that force, fraud or coercion be used to identify a child who is bought or sold for sex as a victim of sex trafficking. Second, New York’s sex trafficking law does not apply to buyers, but only someone who “intentionally advances or profits from prostitution.” (Profiting from prostitution is defined to specifically exclude patrons.) Third, New York’s CSEC (Commercial Sexual Exploitation of Children) offenses only protect victims under 14. The criminal offense of “Patronizing a prostitute” in New York would apply to buyers of older minors – the same way it applies to adults who are patronized –in the third degree, which is a Class A misdemeanor with a possible sentence of up to 1 year imprisonment and a possible fine not to exceed $1,000.  So, in essence when wealthy buyers travel to NYC and exploit minors for sex, it is potentially a low level offense under New York state law. Although “patronizing a prostitute” in the first and second degree apply when minors under the age of 11 and 14, respectively, are exploited, this simply exacerbates unfair, damaging stigmas that minors of any age who are sexually commercially exploited are considered “prostitutes.”

Regarding our cultural understanding and the language used to refer to the sex trafficking or commercial sexual exploitation of children, the public debate and sensitivity is rightfully attuned.   The exchange of money does not sanitize predatory behavior or the resulting victimization and underlying exploitation of minors’ vulnerabilities. Laws must be enacted and enforced, on both the federal and state level that apply to buyers with penalties that reflect the seriousness of these crimes.

September 4, 2015 by Rachel Harper

Why wasn’t Jared Fogle charged with sex trafficking?

About two weeks ago, Jared Fogle, famous for his Subway sandwich diet, was indicted for two serious federal sex crimes: 1) receiving and distributing child pornography and 2) traveling to engage in illicit sexual contact with a minor. (Fogle has since pleaded guilty to both offenses).

(Photo: Charlie Nye/The Star)

Recently, public debate questioned, ”why wasn’t Fogle charged with rape?” But why not sex trafficking? The indictment alleges facts that would amount to sex trafficking under federal law, such as allegations that Fogle paid for sex acts with a minor in the Plaza Hotel and in the Ritz Carlton Hotel in New York City. The indictment also reports that Fogle offered to pay for sex with other minors and asked to be put in contact with other youth saying, “the younger the girl, the better.”

In May 2015 the Justice for Victims of Trafficking Act (JVTA) was enacted and clarifies that the federal crime of sex trafficking includes buyer conduct by adding “patronizes” and “solicits” as prohibited conduct.  Importantly, force, fraud or coercion does not have to be proven when a minor is “caused to engage in a commercial sex act” to be sex trafficking. In fact, buyers commit sex trafficking offenses regardless of whether there is a third party or trafficker involved, as discussed in Shared Hope’s recent policy paper, Eliminating the Third Party Control Barrier to Identifying Juvenile Sex Trafficking Victims.

But what about New York’s ability to respond to this type of behavior and protect minors? The lack of appropriate state-level offenses is a glaring issue here. First, New York is an outlier as one of only 4 states that requires that force, fraud or coercion be used to identify a child who is bought or sold for sex as a victim of sex trafficking. Second, New York’s sex trafficking law does not apply to buyers, but only someone who “intentionally advances or profits from prostitution.” (Profiting from prostitution is defined to specifically exclude patrons.) Third, New York’s CSEC (Commercial Sexual Exploitation of Children) offenses only protect victims under 14. The criminal offense of “Patronizing a prostitute” in New York would apply to buyers of older minors – the same way it applies to adults who are patronized –in the third degree, which is a Class A misdemeanor with a possible sentence of up to 1 year imprisonment and a possible fine not to exceed $1,000.  So, in essence when wealthy buyers travel to NYC and exploit minors for sex, it is potentially a low level offense under New York state law. Although “patronizing a prostitute” in the first and second degree apply when minors under the age of 11 and 14, respectively, are exploited, this simply exacerbates unfair, damaging stigmas that minors of any age who are sexually commercially exploited are considered “prostitutes.”

Regarding our cultural understanding and the language used to refer to the sex trafficking or commercial sexual exploitation of children, the public debate and sensitivity is rightfully attuned.   The exchange of money does not sanitize predatory behavior or the resulting victimization and underlying exploitation of minors’ vulnerabilities. Laws must be enacted and enforced, on both the federal and state level that apply to buyers with penalties that reflect the seriousness of these crimes.

August 12, 2015 by SHI Staff

Announcing John Cotton Richmond, 2015 JuST Keynote Speaker and Crime Fighting Powerhouse

John Cotton Richmond is more than a crime fighting powerhouse; he is a man of passion and conviction. As a prosecutor in the Human Trafficking Prosecution Unit at the U.S. Department of Justice, he spends his days investigating and prosecuting cases to free victims and bring the heavy hand of justice against traffickers. He travels the world, working with foreign governments, prosecutors, nongovernmental organizations, and victim service organizations to bring training and policy assistance.

 “One of the most interesting things I do is meet with real victims and hear their stories, and they are powerful stories of exploitation and abuse but also resiliency and hope. I also get to sit down with traffickers and perpetrators and hear their stories. It might surprise people they have stories too.”

After spending countless hours interviewing traffickers—learning firsthand about their business model, how they recruit and groom their victims—Richmond believes that traffickers chase one idol.

“One misconception is that traffickers are motivated by hate or bias; they are out to hurt people. They do hurt people, but their goal is not to go out and use people, their goal is to make money. It’s all about the money.”

This economic motivation compels traffickers to operate their crime like a business, recruiting victims who appear to need the least amount of manipulation or coercion. While trends indicate specific vulnerability factors may increase the risk of trafficking, there is no consistent stereotype by which traffickers or victims may be generalized—making success equally difficult to define.

John Cotton Richmond

U.S. Department of Justice
Human Trafficking Prosecution Unit

“Some cases I could point to [as successful] because more victims were rescued, but a single victim case is just as meaningful. We can point to cases where we have had greater monetary restitution for victims, but we don’t want to highlight wealthy traffickers. We could point to cases where a trafficker received a life sentence, but from the victim’s perspective having their autonomy to live their own life again is more important than the number of years someone spends in jail.”

Just as the measure of success is unique to each individual and case, the meaning Richmond finds in his work is uniquely rooted in a grand desire to allow the justice system to provide the foundation from which survivors may be empowered to move forward in freedom.

“The most meaningful part [of my work] is seeing survivors after the case is over, their trafficker has been removed, and they believe the system has worked for them.  They can rebuild their lives. The resiliency and hope they demonstrate is inspiring.”

In a field where many feel called to dedicate their life’s work to fight against sex trafficking, Richmond says passion is not enough.

“For people who want to be involved in this work, one of the most important things is to become excellent. Victims need the very best efforts of individuals. Passion is important, essential; it is necessary, but not sufficient. Human trafficking victims need more than people who care a great deal; they need people who can bring excellence and passion to the important work of seeking justice.”

To counter the heaviness of his work on this topic, Richmond enjoys what he calls his “grand passion”: his wife and three children. The time they enjoy together provides the foundation from which Richmond is able to go back out and keep working. He said when people ask how he can deal with seeing so much evil, pain and darkness, he has one response:

“When you see survivors thriving, that inspiration, that encouragement, outweighs the darkness that exists. There is so much more power in light than in darkness.  Light is stronger than darkness.”

The 2015 JuST Conference

Don’t miss your chance to see John Cotton Richmond November 12 at the 2015 JuST Conference.

Learn more.

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August 10, 2015 by Christine Raino

JuST Response Policy Paper

Eliminating the Third Party Control Barrier to Identifying Juvenile Sex Trafficking Victims

This paper evaluates the fundamental importance of defining sex trafficking to include all instances of commercial sexual exploitation of minors. Beyond the question of whether force, fraud or coercion was used by the offender, this discussion addresses the impact of requiring that a third party, in particular a trafficker, has caused a minor victim to engage in commercial sexual activity in order for a minor to be recognized as a sex trafficking victim.

While federal law states that any commercially sexually exploited minor is a victim of sex trafficking, some state statutory schemes mandate identification of a controlling third party or trafficker in order for instances of commercial sexual exploitation of children to be identified as sex trafficking. This means if a buyer directly pays a minor or offers food or shelter in return for sex acts, then this child may not be identified as a victim.

Alternatively, even when a trafficker is involved, if the minor does not identify the trafficker, the exploitation will not be identified as an instance of sex trafficking. This is problematic since victims often deny the extent of their own exploitation and often experience trauma-bonding making it difficult or impossible for children to disclose their trafficker. Instead of being identified and provided protections as a trafficking victim, the child could be prosecuted for prostitution in many jurisdictions.

At its core, requiring the presence of third party control ignores the fact that buyers are committing the very exploitation that the trafficking laws were enacted to punish. Failure to recognize the conduct of buyers as acts of sex trafficking ignores the definition of trafficking.

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JuST Response Council Members

  • NANCY BALDWIN, HICKEY FAMILY FOUNDATION
  • LAURA BOYD, FOSTER FAMILY-BASED TREATMENT ASSOCIATION
  • VEDNITA CARTER, BREAKING FREE
  • CARLA DARTIS, ALAMEDA COUNTY DISTRICT ATTORNEY’S OFFICE
  • MELINDA GIOVENGO, YOUTHCARE
  • LISA GOLDBLATT GRACE, MY LIFE MY CHOICE
  • YOLANDA GRAHAM, DEVEREUX GEORGIA TREATMENT NETWORK
  • MICHELLE GUYMAN, LOS ANGELES COUNTY PROBATION DEPARTMENT
  • MARIAN HATCHER, COOK COUNTY SHERIFF’S OFFICE
  • STEPHANIE HOLT, MISSION 21
  • REBECCA JOHNSON, AIM / ENGEDI REFUGEGRETCHEN KERR, NORTHLAND, A COMMUNITY CHURCH
  • LINDA KRIEG, ACTING CHIEF EXECUTIVE OFFICER, NATIONAL CENTER FOR MISSING & EXPLOITED CHILDREN
  • ALEXANDRA PIERCE, OTHAYONIH RESEARCH
  • MARGIE QUIN, TENNESSEE BUREAU OF INVESTIGATIONS
  • DOMINIQUE ROE-SEPOWITZ, SEX TRAFFICKING INTERVENTION RESEARCH OFFICE, ARIZONA STATE UNIVERSITY
  • MALIKA SAADA-SAAR, HUMAN RIGHTS PROJECT FOR GIRLS
  • LINDA SMITH, SHARED HOPE INTERNATIONAL
  • CAROL SMOLENSKI, ECPAT-USA
  • JEN SPRY, PENNSYLVANIA COALITION AGAINST HUMAN TRAFFICKING
  • PEG TALBURTT, LOVELIGHT FOUNDATION

Field Expert Endorsers

  • Dave McCleary, Rotarians Against Child Slavery
  • Shea M. Rhodes, Villanova Law School Institute to Address Commercial Sexual Exploitation
  • Heather Stockdale; Georgia Cares
  • Justice Bobbe J. Bridge (ret), Center for Children & Youth Justice
  • Autumn Burris, Survivors for Solutions
  • Alex Trouteaud, youthSpark
  • Kate Price, University of Massachusetts Boston

July 28, 2015 by SHI Staff

JuST Response State System Mapping Report Release

About this video

Full video of the release of the JuST Response State System Mapping Report on March 4th, 2015.

The JuST Response is a trauma informed, individualized, survivor informed and evidence-based research project. It serves to deepen knowledge of the interrelationship of statutes, systems and services in developing state level responses to juvenile sex trafficking victims.

Download Video — HD: 1280×72, 1GB)

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