Washington provides survivors with procedures to vacate their prostitution convictions if it resulted from certain crimes committed against them. The crimes are promoting commercial sexual abuse of a minor, promoting prostitution in the first degree or trafficking. When traffickers are convicted of their crimes, laws in many states require that they pay restitution to their victims.
The goal of restitution in criminal cases is to address financially the harms done to a person in order to make them whole. State restitution laws in trafficking cases may contribute to payment for medical and psychological services, housing, child care, property costs, repatriation and the cost of labor provided. State laws provide guidance on the civil suits survivors can bring against their traffickers.
These laws can establish in which court a survivor can file their suit, what sort of damages can be recovered actual damages, compensatory damages, punitive damages, injunctive relief, attorney costs and fees, treble damages, etc.
State laws enable justice officials to seize the property and assets of individuals and business entities convicted of committing trafficking crimes. Assets able to be seized can include profits, buildings and vehicles. States can direct funds specifically to victims of trafficking crimes via special funds or restitution, to government entities incurring costs of investigation or prosecution or to funds for general victim services.
CPL Laws Ch. Providing services to survivors of human trafficking is critical, as is the funding for those services. States provide many different types of services, from legal services to housing assistance, which differs state to state.
In addition, the funding for these services varies greatly across states, with some setting up special funds to address human trafficking while others provide for targeted services in budget line items. The Trafficking Victims Protection Act of establishes the 3P approach to addressing human trafficking encompassing prevention, protection, and prosecution. Since the concept has been expanded to include partnership, recognizing the need for multiple agency coordination in order to properly address the issue.
Trafficking survivors require a range of different services, which vary depending on the specific needs of the individual survivor.
Required services may include shelter, advocacy, health care, legal assistance, mental health services, or many others. For example, an Evaluation of Services for Domestic Minor Victims of Human Trafficking , released in , documented the demographics of child trafficking survivors as well as the services provided by three grant-funded direct service providers in San Francisco, Chicago and New York City. The report details what the client needs were at intake including:. Survivors of sex and labor trafficking face complex legal issues that often require expertise in many areas of the law, including criminal, civil, immigration law and more.
For example, one survivor may need legal assistance in many, if not all, of the following areas:. Housing needs of trafficking victims vary, and service providers employ different options to meet the emergency, transitional, and long-term housing needs of their clients, including through a variety of emergency and transitional shelters as well as group and independent living options, working with landlords, housing authorities, and other partners.
Survivors, service providers, law enforcement, and other stakeholders cite housing as a top priority of victims of all forms of trafficking. The evaluation of services to domestic minor sex trafficking survivors , cited above, also looked at what needs of the trafficking survivor were identified at intake. It is important when providing services to victims of crime, particularly human trafficking survivors, to do so in a trauma-informed way.
This includes recognizing the impact that prior trauma can have, identifying the signs of trauma in clients and knowing how to respond in a way that does not re-traumatize. State legislation regarding services for human trafficking survivors varies greatly.
Some states require an agency or commission to develop a plan for providing services to trafficking survivors, others include programs to provide services to survivors, child welfare population specific statutes, or other, more specific services such as immigration. Preventing Sex Trafficking and Strengthening Families Act requires states to identify youth most at risk of becoming child sex trafficking victims and provide services for them to prevent them from being trafficked.
See below for examples of how states have addressed the provision of services to human trafficking survivors. At least 22 states have created funds to pay for anti-trafficking efforts, including training of law enforcement and attorneys general and for the provision of services to survivors of human trafficking see map. States also generate funds for services by levying fines on sex traffickers and purchasers of commercial sex.
Trafficking in Persons Report: U. Narrative , U. Department of State, July For example, in Louisiana the crime of purchasing commercial sexual activity carries increased fines based on the number of convictions and the age of the person from whom sex is being purchased. Examples of states that created statutory special funds to provide training and services are included in the map and the citations below.
The statutes vary from state to state. Georgia , Louisiana and Oregon have funds that apply only to children who are survivors of sex trafficking. Arizona , California and Hawaii specifically mention that the fund is available to both child and adult survivors of sex and labor trafficking. The remainder are general to all survivors of human trafficking and may be applied broadly. Instead of providing a special fund, some states provide for specific services in line items of budget bills.
To appropriately respond to the crime of human trafficking, state policymakers believe coordination of anti-trafficking efforts among various state and federal agencies is key. Several states have enacted legislation creating statewide work groups, task forces, advisory groups and the like to better coordinate services between the criminal justice, juvenile justice and child welfare agencies. In recent years, nearly every state has created a working group, task force, advisory group, initiative or the like, to promote and encourage the cooperation and coordination among law enforcement, justice departments, and child welfare agencies, in addition to other important stakeholders.
At least 26 states and Guam have enacted legislation creating a human trafficking task force, work group, study group or similar coordination effort. Eight of those states—Colorado, Florida, Illinois, Kentucky, Maryland, Minnesota, Missouri and Rhode Island—apply to sex trafficking only; the other states encompass both labor and sex trafficking.
Most generally address both adult and minor sex and labor trafficking. Others specify that they only address minor sex trafficking. These include the coordination of federal, state, local and tribal governments, child welfare agencies, social service providers, health and mental health, victim services, state and local courts responsible for child welfare and others to develop and implement successful interventions with vulnerable children and youth and to make recommendations for administrative and legislative changes.
In addition to the state requirements in the timeline below, a few requirements are placed on the U. While most of these requirements fall on the state child welfare agencies, several state legislatures have passed legislation to require the identification and screening of, as well as the provision of services to children affected, or at risk of being affected by sex trafficking, particularly foster youth.
Human trafficking, also known as trafficking in persons TIP , is a modern-day form of slavery. It is a crime under federal and international law; it is also a crime in every state in the United States. The law provides a three-pronged approach that includes prevention, protection, and prosecution. Under U. A threats of serious harm to or physical restraint against any person; B any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or C the abuse or threatened abuse of the legal process 22 U.
Where possible, the legislation should specify that the confiscated proceeds of trafficking will be used for the benefit of victims of trafficking. Consideration should be given to the establishment of a compensation fund for victims of trafficking and the use of confiscated assets to finance such a fund. Ensuring that legislation prevents trafficked persons from being prosecuted, detained or punished for the illegality of their entry or residence or for the activities they are involved in as a direct consequence of their situation as trafficked persons.
Providing legislative protection for trafficked persons who voluntarily agree to cooperate with law enforcement authorities, including protection of their right to remain lawfully within the country of destination for the duration of any legal proceedings. Making effective provision for trafficked persons to be given legal information and assistance in a language they understand as well as appropriate social support sufficient to meet their immediate needs.
States should ensure that entitlement to such information, assistance and immediate support is not discretionary but is available as a right for all persons who have been identified as trafficked. Although there is evidence to suggest that trafficking in persons is increasing in all regions of the world, few traffickers have been apprehended. More effective law enforcement will create a disincentive for traffickers and will therefore have a direct impact upon demand.
An adequate law enforcement response to trafficking is dependent on the cooperation of trafficked persons and other witnesses. These problems are compounded when law enforcement officials are involved or complicit in trafficking. Strong measures need to be taken to ensure that such involvement is investigated, prosecuted and punished. Law enforcement officials must also be sensitized to the paramount requirement of ensuring the safety of trafficked persons.
This responsibility lies with the investigator and cannot be abrogated. States and, where applicable, intergovernmental and non-governmental organizations should consider:. Sensitizing law enforcement authorities and officials to their primary responsibility to ensure the safety and immediate well-being of trafficked persons;. Ensuring that law enforcement personnel are provided with adequate training in the investigation and prosecution of cases of trafficking.
This training should be sensitive to the needs of trafficked persons, particularly those of women and children, and should acknowledge the practical value of providing incentives for trafficked persons and others to come forward to report traffickers. The involvement of relevant non-governmental organizations in such training should be considered as a means of increasing its relevance and effectiveness.
Providing law enforcement authorities with adequate investigative powers and techniques to enable effective investigation and prosecution of suspected traffickers.
States should encourage and support the development of proactive investigatory procedures that avoid over-reliance on victim testimony. Establishing specialist anti-trafficking units comprising both women and men in order to promote competence and professionalism. Guaranteeing that traffickers are and will remain the focus of anti-trafficking strategies and that law enforcement efforts do not place trafficked persons at risk of being punished for offences committed as a consequence of their situation.
Such operations should only take place once appropriate and adequate procedures for responding to the needs of trafficked persons released in this way have been put in place. Sensitizing police, prosecutors, border, immigration and judicial authorities, and social and public health workers to the problem of trafficking and ensuring the provision of specialized training in identifying trafficking cases, combating trafficking and protecting the rights of victims.
The trafficking cycle cannot be broken without attention to the rights and needs of those who have been trafficked. Appropriate protection and support should be extended to all trafficked persons without discrimination. Victims should be provided with information in a language that they understand.
Ensuring that trafficked persons are effectively protected from harm, threats or intimidation by traffickers and associated persons. To this end, there should be no public disclosure of the identity of trafficking victims and their privacy should be respected and protected to the extent possible, while taking into account the right of any accused person to a fair trial. Trafficked persons should be given full warning, in advance, of the difficulties inherent in protecting identities and should not be given false or unrealistic expectations regarding the capacities of law enforcement agencies in this regard.
Ensuring the safe and, where possible, voluntary return of trafficked persons and exploring the option of residency in the country of destination or third-country resettlement in specific circumstances e. Strategies aimed at preventing trafficking should take into account demand as a root cause.
States and intergovernmental organizations should also take into account the factors that increase vulnerability to trafficking, including inequality, poverty and all forms of discrimination and prejudice.
Effective prevention strategies should be based on existing experience and accurate information. States, in partnership with intergovernmental and non-governmental organizations and where appropriate, using development cooperation policies and programmes, should consider:. Guideline 8: Special measures for the protection and support of child victims of trafficking. The particular physical, psychological and psychosocial harm suffered by trafficked children and their increased vulnerability to exploitation require that they be dealt with separately from adult trafficked persons in terms of laws, policies, programmes and interventions.
The best interests of the child must be a primary consideration in all actions concerning trafficked children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies. Child victims of trafficking should be provided with appropriate assistance and protection and full account should be taken of their special rights and needs.
States and, where applicable, intergovernmental and non-governmental organizations, should consider, in addition to the measures outlined under Guideline Ensuring that definitions of trafficking in children in both law and policy reflect their need for special safeguards and care including appropriate legal protection.
In particular, and in accordance with the Palermo Protocol, evidence of deception, force, coercion, etc. Ensuring that procedures are in place for the rapid identification of child victims of trafficking. Ensuring that children who are victims of trafficking are not subjected to criminal procedures or sanctions for offences related to their situation as trafficked persons. In cases where children are not accompanied by relatives or guardians, taking steps to identify and locate family members.
Following a risk assessment and consultation with the child, measures should be taken to facilitate the reunion of trafficked children with their families where this is deemed to be in their best interest. In both the situations referred to in the previous two paragraphs, ensuring that a child who is capable of forming his or her own views enjoys the right to express those views freely in all matters affecting him or her, particularly concerning decisions about his or her possible return to the family, the views of the child being given due weight in accordance with his or her age and maturity.
Adopting specialized policies and programmes to protect and support children who have been victims of trafficking. Children should be provided with appropriate physical, psychosocial, legal, educational, housing and health-care assistance. Adopting measures necessary to protect the rights and interests of trafficked children at all stages of criminal proceedings against alleged offenders and during procedures for obtaining compensation. Protecting, as appropriate, the privacy and identity of child victims and taking measures to avoid the dissemination of information that could lead to their identification.
Taking measures to ensure adequate and appropriate training, in particular legal and psychological training, for persons working with child victims of trafficking. Trafficked persons, as victims of human rights violations, have an international legal right to adequate and appropriate remedies. This right is often not effectively available to trafficked persons as they frequently lack information on the possibilities and processes for obtaining remedies, including compensation, for trafficking and related exploitation.
In order to overcome this problem, legal and other material assistance should be provided to trafficked persons to enable them to realize their right to adequate and appropriate remedies. Ensuring that victims of trafficking have an enforceable right to fair and adequate remedies, including the means for as full a rehabilitation as possible. These remedies may be criminal, civil or administrative in nature.
Providing information as well as legal and other assistance to enable trafficked persons to access remedies. Chapter 77 laws are some of the main statutes federal prosecutors use to convict human traffickers. Justice for Victims of Trafficking Act. The Justice for Victims of Trafficking Act of states that individuals who purchase sexual acts from human trafficking victims may be arrested, prosecuted, and convicted as sex trafficking offenders when this is merited by the facts of a particular case.
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