TVPA Archives - Shared Hope International

September 16, 2013 by SHI Staff

Buyer Beware: Legislators Tighten Laws to Target Buyers

Rep. Judge Ted Poe and Senator John Cornyn cross-filed the End Sex Trafficking Act of 2013 on July 24, 2013. The bill has the purpose of clarifying the federal Trafficking Victims Protection Act (TVPA) and its criminal provision, 18 USC 1591, to include actions by buyers – through the verbs “patronizes or solicits” – as offenses of sex trafficking.

Pending federal court cases in South Dakota ended with the 8^th Circuit Court of Appeals decision issued in January 2013 holding that the plain language of 18 USC 1591 includes the actions of buyers through the terms “entices” and “obtains” primarily. Nonetheless, concern remained that the federal law was not sufficiently clear in its intent to include ALL of the actors in the crime of sex trafficking, including buyers. Federal legislators intend to clarify without a doubt that the actions of buyers – demand – is part of the trafficking crime.

This amendment is the product of years of advocacy by Shared Hope and our anti-demand colleagues. Recently, Shared Hope International’s senior policy director Samantha Healy Vardaman and policy counsel Christine Raino authored a law review article published in the University of Memphis Law Review Summer 2013 publication titled Prosecuting Demand as a Crime of Human Trafficking: The Eighth Circuit Decision in United States Vs. Jungers.

The article presents “the case that buyers and attempted buyers of commercial sex acts with minors—including prostitution, pornography, and sexual performance—engage in trafficking activities essential to the crime of trafficking. The Eighth Circuit decision in the Bonestroo and Jungers cases will greatly bolster the ability of prosecutors and law enforcement to combat and deter sex trafficking of minors in America.”

Shared Hope has been undertaking the Demanding Justice Project to emphasize the need for legislation and prosecution that target buyers of sex with children. This research addresses states’ enforcement of laws analyzed under the demand component of the Protected Innocence Challenge. Phase one of the project – a national desk review of buyer cases identified and tracked through the court process – will be featured at Sharing the Hope 2013. The Pathbreaker Awards Gala will also be featured at the event. This year’s Pathbreaker Award recipients are those who have developed innovative strategies to combat demand: Vednita Carter, Assistant U.S. Attorney Cynthia Cordes, and Rep. Ted Poe.

To read Rep. Poe and Sentor Cornyn’s End Sex Trafficking Act of 2013, follow the links below.

View the House Bill.

View the Senate Bill.

February 12, 2013 by Samantha

The Trafficking Victims Protection Reauthorization Act Advances in the Senate Thanks to the Violence Against Woman Act

On February 12, 2013, the Violence Again Women Act (VAWA) passed in the Senate with critical amendments made by Judiciary Committee Chairman Patrick Leahy’s (D-VT) to secure the reauthorization of the Trafficking Victims Protection Act (TVPA) as part of VAWA and by Senators Rob Portman (R-Ohio) and Richard Blumenthal (D-CT) to authorize grants to enhance the safety of youth and children who are victims of, or exposed to sex trafficking, domestic violence, dating violence, sexual assault, or stalking.

The Trafficking Victims Protection Act (TVPA) was enacted in 2000 to create tools to enable the U.S. government to address the prosecution of traffickers, protection for victims, and prevention of human trafficking. This Act serves as the cornerstone of legal protection for victims of trafficking at the federal level and sets a standard for state legislatures around the nation. For 18 years, VAWA has been the foundation of fighting violence, providing services and resources for victims of violence. Together these two statutes have enabled America to lead the world in protecting and delivering justice to victims of trafficking.

“National leadership is the key to combatting this crime,” said Linda Smith, President and Founder of Shared Hope International. “When our federal government takes a stance against trafficking, they reenergize the prioritization of innovative and effective solutions to this national crisis.”

The TVPA serves as a baseline standard for Shared Hope’s Protected Innocence Challenge, a comprehensive analysis of existing state laws against a framework of legal components necessary to fully protect children from child sex trafficking. Under the Challenge, every state receives a Report Card that grades the state on 41 key legislative components that must be addressed in state’s laws in order to effectively respond to the crime of domestic minor sex trafficking. In addition, each state receives a complete analysis of this 41-component review and practical recommendations for improvement. Click here to find out how your state scored.

May 24, 2012 by Shamere

Unavoidable Destiny | Legally a Criminal, Legally a Victim: The Plight of the Bottom

Looking back at the 18 months of my victimization by a “guerilla pimp” (most abusive type of pimp), I have to make an honest decision in regard to my actions. While under the direction of the pimp, I did commit punishable offenses under the law and was charged with conspiracy to commit the Mann Act—driving minors across state lines for illegal purposes. I honestly do not believe that I was a perpetrator of this crime because I was forced to drive the car, just as I was forced to submit to prostitution and the humiliation of being sold for sex, over and over. Congress stated in the federal Trafficking Victims Protection Act (TVPA) of 2000, and I believe, that I should not be held responsible for the crimes I was forced to commit while I was enslaved.

In my case, I believe two key circumstances state the case for my innocence:

1. Motivation: The crimes were committed out of force and in protection of my life and the lives of my family. I never once profited.2. Free will: I would not have committed these crimes from my own free will—the crimes were committed under the direction of the pimp.

A victim does not become the “bottom girl” overnight. It is important to recognize that a “bottom girl” has been deeply manipulated and has likely developed a trauma bond with her pimp. Her basic ability to determine right from wrong has become corrupted by thoughts and actions instilled by her pimp through fear. The “bottom girl” develops compliant behavior after constant threats and real severe beatings and rapes, and witnessing the cruelty done to other girls.

From the very first beating when I was choked to the point of unconsciousness until the day he pulled the trigger on the miraculously unloaded gun in my mouth, I knew obedience meant survival. When he placed the gun in my mouth and asked me if I wanted to die, I shrugged. I thought, “Finally, this pain and this life would be over and the only one hurt is the one who was responsible for me being in the situation – ME!” The trigger was pulled but I was still alive. For a few moments, I thought I was experiencing death with the ability to still see life, until I felt the blows to my head by the gun. This was when I realized there was no hope. I had to continue this life of being obedient to him so my family wouldn’t get hurt, as he reminded me each day. I was alive, but was not living. I was a slave.

Congress expressed its understanding of this victim behavior in the federal TVPA: “Victims of severe forms of trafficking should not be inappropriately incarcerated, fined, or otherwise penalized solely for unlawful acts committed as a direct result of being trafficked…” Nonetheless, victims are still being charged.

Today in America, the justice system faces a severe challenge. Does it respond to the victimization of the bottom girl by offering services and freedom? Or does it consider the bottom girl a perpetrator and respond with jail sentences and correctional programs?

It is a difficult question and the answer is likely unsatisfying: every case is different and should be investigated independently so as to bring justice in the greatest way possible.

faces-of-prositution-1 — The Same Girl: A Progression over time into the depths of prostituion

My experience revealed the importance of awareness at all levels. Judges, prosecutors and defense attorneys need to be adequately trained on the issue of sex trafficking to be able to evaluate each case and to fully understand the circumstances under which the crimes were committed. One promising practice is found in the state of Georgia where an expert witness panel was formed to provide informed testimony for the court, improving the likelihood of better outcomes for those “bottom girls” who are charged with conspiring, aiding or committing human trafficking as a result of trying to survive their enslavement, like I was.

As one who has experienced the consequences of this dilemma, it is especially difficult to say that there are circumstances in which the “bottom girl” may actually have stepped over the slippery line of victimization into the role of offender. In any case, age should never be a determining factor in the decision to charge a victim. The simple argument that a victim over the age of 18 should know better does not realistically consider the very real duress experienced by the trafficking victim. But how do we determine when the “bottom girl” is acquitted or convicted? What could I have said in my defense that would have changed the outcome of my conviction? What will we hear in the story of a “bottom girl?”

March 3, 2011 by Guest

Everythang’s Bigger’n Texas, Except Their Grade!

This week, Shared Hope International traveled to the Lone Star State to release the third of 51 Protected Innocence Report Cards. In partnership with Children at Risk, Shared Hope International presented the Texas Report Card to trafficking survivors, former pimps, former NFL players, and congressional members in Dallas on Saturday at a community rally sponsored by Traffick 911. In addition, Shared Hope presented the Texas Protected Innocence Report Card at events in San Antonio, Houston and Austin alongside fellow advocates for change including Senator Leticia Van de Putt, Rep. Senfronia Thompson, Attorney General Greg Abbott, Chris Burchell (Texas Anti-Trafficking In Persons) and many others.

Texas scored a “C,” indicating that Texas state law contains some provisions against domestic minor sex trafficking, but leaves generous room for improvement. One of the key findings of the Report Card was that current state law requires proof of force to prove the crime of trafficking-even for children. This is a direct contradiction to the federal Trafficking Victim’s Protection Act, which recognizes any child exploited through commercial sex as a victim of trafficking.

While there is a sizable legislative gap in Texas that threatens to entrap domestic minor sex trafficking victims, Shared Hope International offers solutions. One of the key recommendations is that Texas enact a stand alone sex trafficking of a child statute, which eliminates the requirement to prove force, includes the crime of buying sex with a minor, and ensures identification of a minor victim as a trafficking victim.

Shared Hope International offers this, and many other recommendations, in a complete Analysis and Recommendation document to expose legislative gaps and provide legislators with the tools they need to ensure the protection of victims and the punishment of criminals.

Legislative changes are necessary to help combat the exploitation of Texas’ children. According to a 2009 report by the Texas Human Trafficking Prevention Task Force, “11,942 juveniles were arrested for running away in Texas. An additional 66 were arrested for prostitution and commercialized vice.” Recently, Traffick911 pushed its “I’m not buying it”campaign to help raise awareness about child sex trafficking surrounding Super Bowl XLV. Arlington police made an astounding 59 prostitution related arrests leading up to the game.

Due to the prevalence of human trafficking in Texas, lawmakers have introduced several new bills aimed at increasing penalties for traffickers and providing protection for minors: HB1121,1122, and SB 98 are just a few. This push toward change is mirrored by Attorney General Greg Abbott, who gave a keynote address in San Antonio calling for more collaboration between law enforcement officials to “ensure [Texas] is both hostile territory for human traffickers and a safe haven for their victims.”

All of these efforts are a step in the right direction toward combating domestic minor sex trafficking. Now it’s up to you. If you live in Texas, alert your representative to this critical issue and make your voice count!

August 23, 2010 by SHI Staff

Political Asylum for Trafficking Victims in the TVPA: Rule or Exception?

Full of hopes and aspirations, thousands of women and children end up trafficked into the United States each year by false promises of a better opportunity, school or the fulfillment of a vocational dream, only to later realize that they have been forced into sex slavery. This is a story we hear too often, but what legal action has been put in place to prevent these foreign victims from being trafficked? The Trafficking Victims Protection Act (TVPA) has helped numerous trafficking victims, domestically and internationally, however, I believe this Act could be revised to generate more aid and programs for international trafficking victims. The TVPA allows immigrant women and children to report crimes committed against them to law enforcement and grants political asylum to victims of trafficking through a temporary T-VISA. This T-VISA allows the trafficked persons to receive aid from the Federal government. There are several limitations within the TVPA that facilitate the revolving door for trafficking victims; when they are deported it is most likely they will inevitably be subjected to human trafficking and sexual exploitation again in their home country.

The most prevalent critiques of the TVPA are:

1. Victims must qualify as a, “victim of severe trafficking.”

2. The victims must testify against their traffickers to receive asylum.

3. If the victim is not deemed eligible for the T-VISA they receive no protection, safe housing, and are ultimately deported.

To be considered a victim of severe trafficking, adult victims must prove they were coerced by fraud or force into sex trafficking. Language and education barriers prevent many trafficked victims from being able to convey their specific situation. The Honorable Mark P. Lagon states the specific shortfall of the differentiation between severely trafficked victims and trafficked women in the hearing before the House Committee on Foreign Affairs, Out of the Shadows: The Global Fight Against Human Trafficking. Lagon asserts, “Despite global trafficking foci and flashpoints, there are no “lesser” victims of trafficking. Since TIP’s essence is groups denied equal dignity, let us not in our anti-TIP policy privilege some victims over others. They are all of equal value in humankind.”

Testifying for trafficking victims can be dangerous. In most circumstances traffickers threaten to kill victims’ families if they tell authorities about their captivity, so most remain silent. This also draws a clear distinction between international victims and domestic victims in that they are unable to receive assistance for their sexual exploitation through organizations who provide safe housing, protection from traffickers, medical and psychological attention, and training so victims can become functioning members of society.

When a victim of human trafficking has been determined a “severe trafficking victim,” or a prostitute, the care provided is drastically different. If a victim is unwilling to cooperate with the prosecution of the trafficker or is determined a prostitute by the Attorney General only after cooperating with federal and local law enforcement officials, deportation is most often their fate. But at what point does a victim of severe trafficking and prostitution cross? Is it only minors that are victims of trafficking?

During the “Out of the Shadows” hearing Mark Lagon states, “First of all, if lured into the sex trade as a minor, does it suddenly become a choice the day someone turns 18? Moreover, we know that numerous adult females in the global sex trade are subject to force, fraud, or coercion – including subtle psychological terror and trickery – making them trafficking victims even under the strict standards of the Palermo Protocol.” Yet this standard does not extend to the TVPA.

Ambassador at large, Luis CdeBaca, from the Office to Monitor & Combat Trafficking in Persons of the U.S. State Department, declares the Office’s goal is to, “Strengthen trafficking victims’ protection and assistance by encouraging cooperation between governments and NGOs, and enhancing the capacity of civil society organizations so they might provide comprehensive services that fully address the needs of victims. We will support evidence-based research to evaluate the impact of our programs and fill core data gaps. We will partner with the private sector to leverage resources and expertise to develop innovative solutions to this age old problem.” To echo the advice of CdeBaca, Lagon also insists the utilization of services such as, “NGOs and more efficacious international organizations – like the International Organization of Migration (IOM)” to aid in the support and protection of sex trafficking victims.

To mirror the suggestions of the anti-sex trafficking movement, there needs to be more services available to victims of this tragedy. Turning away victims because they do not fit into specific criteria is counter-productive. The greatest majority of women and children do not choose this life; they are virtually always thrown into this situation by force, coercion, or economic disparities they cannot overcome. Currently, political asylum is not the rule it is the exception; this should be altered so we treat every sexually exploited human as a victim.