Non-criminalization; specialized services Archives - Page 2 of 2

June 13, 2018 by Sarah Bendtsen

Progress Without Protection: How State Laws Are Punishing Child Sex Trafficking Victims

Over the past 7 years of the Protected Innocence Challenge, states have made substantial progress – 47 states have raised their grade, and while the majority of states were failing in 2011, there are no longer any states with a failing grade and 30 states now have an “A” or “B” grade. By closing gaps in state laws, this progress has also shown a light on where the most substantial gaps remain – unfortunately, those gaps primarily impact protections for child victims, specifically, laws that allow a child sex trafficking victim to be criminalized for their own victimization.

[easy-tweet tweet=”Gaps remaining in our state laws unfortunately primarily impact protections for child victims, specifically, laws that criminalize child sex trafficking victims for their own victimization. ” user=”SharedHope” hashtags=”#stoptheinjustice”]

Since the beginning of 2017, fifteen states have sought to pass laws to prohibit the criminalization of youth survivors of sex trafficking for prostitution and other offenses. Despite a growing consensus that children cannot be “prostitutes,” only four of the fifteen states have been successful in changing their laws. In fact, a majority of states still allow children to be arrested, detained, and prosecuted for prostitution, despite conflicting federal and state law that deems such children victims of child sex trafficking.

[easy-tweet tweet=”Since 2017, 15 states sought to pass laws to end the criminalization of youth survivors of sex trafficking for prostitution, only 4 of 15 were successful. ” user=”SharedHope” hashtags=”#stoptheinjustice”]

During this legislative session alone, twelve states introduced legislation to create new or strengthen existing protections for youth survivors of sex trafficking. By trying to stop the prosecution of minors for prostitution, these states embarked on a multi-state effort to demand protection, not punishment for child victims. Despite strong support among survivors, service providers, and anti-child sex trafficking stakeholders, all 12 bills have been unsuccessful so far.

In order to address the legal conflicts and mobilize states to enact non-criminalization laws that adequately protect and provide comprehensive services for survivors of child sex trafficking, Shared Hope International is launching the Stop the InJuSTice campaign. Complementing the campaign launch, Shared Hope’s Center for Justice and Advocacy will release a video and e-learning training series to promote a better understanding of defining, implementing and developing a JuST (Juvenile Sex Trafficking) Response. These resources bring together the voices of survivors, service providers and advocates from around the country to weigh in on this issue.

Why do states face challenges in making progress?

Developing and providing a specialized, non-punitive response to juvenile sex trafficking victims remains a complex challenge for most states. Because of this, the passage of non-criminalization legislation has plateaued over the last two years. Throughout the course of providing technical assistance to stakeholders and state policymakers, Shared Hope’s Center for Justice and Advocacy has identified three common challenges in adopting and implementing protective responses for youth survivors:

A lingering misconception that some minors can be “prostitutes.” Despite laws in all 50 states and D.C. that recognize the sale and purchase of minors for sex as a form of human trafficking, and thus the minor a victim of child sex trafficking, many people believe that some children can willingly and consensually engage in commercial sex. Because of this, several states have been reluctant to pass non-criminalization laws so that prosecutors and law enforcement can retain discretion in determining which children are deserving of punishment instead of services. This misperception is frequently fueled by a widespread misunderstanding of sex trafficking victimization and the ways in which resulting or underlying trauma can present in youth survivors.
A lack of alternative and appropriate placement options and services. All states, including those that have passed non-criminalization laws, are faced with the challenge of developing and utilizing safe and appropriate placement options for youth survivors. With far more survivors than available therapeutic homes or facilities, states may depend on detention centers to hold victims until alternative placements are identified, if ever. Additionally, some argue that detention facilities remain the safest placement option for survivors, despite evidence that placement in such facilities can be traumatizing and not conducive to healing.
Diverging opinions regarding the best way to engage youth survivors in long-term services. Some stakeholders argue that, without the threat of charges or discipline for non-compliance, many minors are unwilling to engage in their service plan or make decisions that are in their best interests. While some youth survivors present run risks and may not consistently participate in services, this oftentimes reflects underlying trauma that needs to be addressed outside of a punitive system. A non-punitive approach allows minors to engage in the development of their own individualized service plan, free of timelines or coercive delinquency charges, exhibit an increased ability to trust their service team, regain confidence and a sense of control, and heal on their own timeline.

[easy-tweet tweet=”3 Reasons why states face challenges in making progress to end the criminalization of child sex trafficking survivors. Read here about all three. ” user=”SharedHope” hashtags=”stoptheinjustice”]

Additionally, some law enforcement and prosecutors oppose removing criminal liability for youth survivors due to the belief that charging a survivor is an effective strategy in getting the minor to flip and testify against his or her exploiter. This strategy is detrimental and treats the minor as a prosecutorial pawn; it also goes against the evidence that a survivor’s cooperation in an investigation actually improves when the survivor, instead of being criminalized, is able to access services and build rapport with law enforcement and prosecutors.

The consequence of inaction

Arresting, detaining, and prosecuting minors for prostitution is inherently unjust and creates a legal contradiction—state law recognizes the minor as a crime victim yet simultaneously punishes the child for the same conduct that creates their victim status.

[easy-tweet tweet=”Arresting, detaining, and prosecuting minors for prostitution is inherently unjust.” user=”SharedHope” hashtags=”stoptheinjustice”]

The criminal justice and delinquency systems are not designed to appropriately respond to juvenile sex trafficking victims. Treating child victims of sexual exploitation as criminals has serious long-term consequences. The process of being arrested, detained and prosecuted oftentimes creates an entirely new traumatic experience in the child’s life. It can strengthen a child’s attachment to their trafficker, while simultaneously fueling distrust in the systems that are there to serve the child. Delinquency charges can prevent the youth survivor from forming healthy and trusting relationships with persons in positions of authority who can assist and support the minor. Additionally, funneling youth survivors through the juvenile justice system can impair access to vital holistic support and care to address the trauma that accompanies and oftentimes precedes the exploitation. Charging exploited youth with prostitution and other offenses committed as a direct result of being trafficked has a long-term impact on their lives. Minors with juvenile records can be disqualified for employment and higher education opportunities, can be suspended or expelled from school, and can lose access to safe and affordable housing.

[easy-tweet tweet=”Treating child victims of sexual exploitation as criminals has serious long-term consequences.” user=”SharedHope” hashtags=”stoptheinjustice”]

Take action and join the mission!

Shared Hope International is committed to ending the practice of criminalizing juvenile survivors for their trafficking victimization. To mobilize change, the Center for Justice and Advocacy is launching Stop the InJuSTice, a campaign to seek advancements in both policy and practice. Here’s how you can get involved!

Sign up for our Thunderclap! To kick off the Campaign, on June 22^nd we will be releasing our new video, “Stopping the InJuSTice” on our campaign page and via Thunderclap. This new video amplifies both the voices of youth survivors who have experienced criminalization for their trafficking victimization and solutions for change. Sign up for the Thunderclap to automatically share this important message and the new video when it is released on June 22!

Take our training On June 22 we will also release Just Response, a free webinar training program to advance non-punitive, protective responses for youth survivors.

[easy-tweet tweet=”Take action to end the criminalization of child sex trafficking victims. Read this blog to find out how!” user=”SharedHope” hashtags=”stoptheinjustice”]

January 27, 2017 by Sarah Bendtsen

NEW CAMPAIGN to PAVE PATHS towards JUSTICE

Following six years of examining best practices, supporting states in enacting strong child sex trafficking laws, and engaging with legislators, survivors, concerned citizens, and professionals, we have found ourselves at the crossroads of “what gaps remain?” and “how do we fill them?”. The last six years have encompassed enormous progress in the way states are legislatively addressing the commercial sexual exploitation of children (CSEC)–– in six years, state grades under the Protected Innocence Challenge rose from 26 “F” states in 2011, to zero “F” states and 30 “A” and “B” states in 2016. Following six years of legislative advocacy and providing technical support to legislators, almost half of U.S. states and D.C. now recognize children engaged in commercial sex as victims in need of services, rather than criminals or delinquent youth. This is enormous progress and we will continue celebrating these achievements from the highest of mountain tops!

However, the last six years have not eradicated domestic minor sex trafficking (DMST). Until every child in the U.S. is insulated from this horrendous crime, we will continue marching towards justice and protection. While federal law clearly applies to the conduct of buyers, only 11 states expressly recognize buyers of sex with children as perpetrators of sex trafficking. More than 50% of states deem children engaged in commercial sex as delinquents deserving of punishments, rather than victims worthy of justice. And while 19 states and DC do not criminalize minors for prostitution, only 7 of those states and D.C. have created statutory pathways to specialized services for all identified child victims; over 75% of states, therefore, do not have a non punitive avenue under their law to provide the specialized services necessary for a child victim to obtain holistic care and opportunities for healing, empowerment, and a childhood.

Recognizing the substantial work ahead, we are thrilled to announce the launch of our 2017 campaign to fill these gaps: Stop the InJuSTice. This campaign seeks to mobilize lawmakers, citizens, and community organizations to pave pathways for holding buyers accountable and ensuring that all child victims are afforded a protective response. But we need your help! In the next six months, we are asking citizens and legislators to increase their engagement and commitment to ensuring that these gaps do not exist in 2018. In return, Shared Hope commits to supporting at least six states in enacting legislation that specifically addresses these glaring gaps.

Here are 6 ways you as a citizen can take action!

Help us get the word out and share our campaign images on social media
Read your State’s 2016 Report Card
Call your legislators and ask them to protect and prioritize child victims of sex trafficking, and support bills that aim to hold buyers accountable and ensure victim-centered responses to children.
Share our tweets with your legislators, friends and family to spread the word.
Become an Ambassador of Hope
Donate to Shared Hope International to ensure we can continue our fight for justice.

Legislators: Commit to engaging with Shared Hope’s policy team to identify gaps in your state’s laws and craft legislation to fill these holes. Email us to request a consultation with a member of our policy team.

Ambassadors of Hope: Participate in a training created specifically for you! Our communications manager and policy team have put together a training and toolkit to equip our Ambassadors with the background, knowledge, and confidence to advocate for the bills that Shared Hope is supporting. From learning how to most effectively share our materials, to navigating our Legislative Action Center site, we are striving to ensure that all of our Ambassadors have the support they need to be champions in their communities.

Please join Shared Hope in ensuring that 2017 is the year that we Stop the InJuSTICE! We look forward to working with you to create a safer, more just world for our children.

[easy-tweet tweet=”Join Shared Hope in ensuring that 2017 is the year that we Stop the InJuSTICE!” user=”SharedHope” hashtags=”StoptheinJuSTice” url=”http://bit.ly/2kuAmmv”]

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.”