ECPAT-USA

It is time for New York State to get serious about implementing its Safe Harbor Law. Tell your state representatives that you support funding for services for sexually exploited children.

1. Sign this Online Petition:

2. Or send a letter to your Assembly member or State Senator with the following text:

Greetings,
I write to ask you to support funding The Safe Harbor for Exploited Children Act. If funded, this bill will provide many of our State’s most vulnerable children with desperately needed safety, housing and services.

The Safe Harbor Act was signed into law on September 25, 2008. This legislation is aimed at providing critical services for the growing number of children who are exploited and forced to sell sex.

Due to lack of funding, the promise of the Safe Harbor Act is still unrealized. There are thousands of sexually exploited youth in New York. There are currently fewer than 50 beds state-wide designated for trafficked youth. As a first step in implementing the Safe Harbor Act, we ask that the New York State Legislature fund:

1. Short-term emergency housing: Without a place to take sexually exploited children, police fail to keep them off the streets or put them in jail in an effort to keep them safe. We must provide emergency shelter for these vulnerable children.
2. A long-term treatment facility: A long-term safe house with specialized services is urgently needed to provide sexually exploited children with ongoing safety and support.
3. Specialized Services: It is critical that young people identified as sexually exploited begin to receive specialized services immediately, including but not limited to counseling, group therapy and assistance with public benefits.
4. Police Training: The police are currently being trained to better identify sexually exploited children. However, they are not being trained to connect those children with much needed services. Without a referral to a service provider and a bed to sleep in, these children are forced to go back onto the street.
5. Long-term, therapeutic specially trained foster homes: Evidence has shown that therapeutically trained foster homes can tremendously help a sexually exploited child.

We must fight to keep these young people safe and provide a comprehensive array of services. New York took the lead and was the first to pass legislature that required treatment instead of punishment with Safe Harbor. Now it needs to take the lead and actually fund the services.

Due to lack of funding, the promise of the Safe Harbor Act is still unrealized. There are thousands of sexually exploited youth in New York who are not receiving the shelter and services the Act promises. As a first step in implementing the Safe Harbor Act, I ask that New York State fund the Safe Harbor Act with $3 million for housing and services.

Now is the time to stand up and fight for these children.

Sincerely,
[Your name]

On December 5th, 2011, the New York City Council held an open Hearing on the subject of the city’s compliance with Safe Harbor Legislation. In attendance were Sara M. Gonzalez of Juvenile Justice, Lewis A Fidler of Youth Services, Peter Koo, Jilissa Ferreras, Anabel Palmer, Yvanes Rodriguez, Charles Barron, Ruben Wills, Margaret Chin, Jumaane D Williams, and James Sanders, Jr.

After initial background material on the legislation, Sara Hemeder of ACS (Administration for Children Services) testified as to how their agency had been training staff, identifying victims, and converting seven criminal proceedings to Persons in Need of Supervision.
When she was finished answering questions Lauren Hirsh of the sex trafficking unit in the kings county DA’s office testified that they had identified 32 defendants, 25 having exploited children under the age of 18. They still need to do a better job in prevention, identification, long term care.
Other witnesses included Kate Mullen and Alexander Wolf of the Legal Aid Society, Jonathan Golis Empire State Coalition, Nancy Downing, director of advocacy for Covenant House NY, Steven Gordon director of health and outreach services for Ali Forney Center, and Max Mayer of ECPAT USA.

You can read the prepared testimony from ECPAT-USA by clicking here.

The takeaway from the hearing is multi-fold. First and foremost, all members of the council present strongly voiced support for Safe Harbor. Secondly, every single service provider testified that there needs to be more shelters with beds available and councilors on staff. The responsibility for providing money from the state to run one or more shelters has been shirked due to a loophole in the state legislation, and the city councilors are pressing them to instate that funding. The issue of getting children off the streets and traffickers behind bars necessitates these shelters be in place first.

As international and U.S. federal legislation moves rapidly toward viewing prostituted U.S. children as victims, the prevailing laws of 50 states lag far behind. They continue to adhere to punitive and outdated approaches that define these children as law breakers, deserving of arrest, detention, prosecution and incarceration. Support for state legislative reform is growing, albeit slowly, to grant trafficked and prostituted children immunity from culpability.

Due to popular demand, we have collected a best practices guide for state legislators to use when drafting and revamping their laws concerning the trafficking of children.
You can find a copy of that guide by clicking here.

Three weeks after a budget crisis shutdown Minnesota’s government, the first order of business in the special session was passing into law a public safety bill that included protections for commercially sexually exploited children. Originally running as a stand-alone bill, the Minnesota “safe harbor” law was wrapped into the public safety bill months ago and was held up during the crisis. By signing this bill into law, Governor Dayton demonstrated that the sexual exploitation of children is a bipartisan concern that everyone wishes to address.

With the law now passed, Minnesota continues to prove it is a leader in protecting commercially sexually exploited children. The new law:

- Excludes sexually exploited children under 16 from the definition of delinquent child;
- Includes the definition of sexually exploited youth in Minnesota’s child protection code;
- Creates a mandatory first-time diversion for any 16 or 17 year old who has been exploited in prostitution (where the child meets the criteria);
- Allows prosecutors to continue diversion or to proceed with CHIPS petitions for children coming through the system an additional time;
- Increases penalties against offender “johns” from $250. The new penalty is a minimum of $500 and max of $750. 40% of fees will go to an account to serve child victims; and
- Directs the commissioner of public safety to work with stakeholders to create a victim-centered response to sexually exploited youth.

Minnesota is building upon some excellent, existing efforts in the state. Ramsey County has effective service programs and protocols. The state also boasts strong collaborations between non-profit and government agencies, including an active human trafficking task force. This strength is incredibly important when passing legislation that seeks to change our approach to sexually exploited children. Strong collaboration not only helps a state develop practical and effective policy; it also helps ensure the right relationships are in place to implement the law effectively.

Over a year ago, ECPAT-USA began a partnership with The Advocates for Human Rights and The Family Partnership. We all wanted to build upon existing good practice in the state by passing a law that protects sexually exploited children from criminal sanction. These two organizations lead a fantastic and thoughtful effort to develop strong policy. But passing a law takes a whole community. Breaking Free, Minnesota Indian Women’s Resource Center, the Statewide Human Trafficking Task Force, The Women’s Foundation of Minnesota, the Ramsey County Attorney’s Office, and many in the law enforcement community came together to do what’s right for kids. It also takes champions in the legislature to make things happen. Representatives Steve Smith, Tony Cornish, and Michael Paymar, and Senators Sandra Pappas, John Marty, and Ron Latz were instrumental in leading the bipartisan effort to pass this progressive new law.

ECPAT-USA is very proud to have partnered with such a fantastic group of advocates and civil servants. We hope other states will learn from and build upon their work.

Minnesota’s Governor Dayton signed into law today a public safety bill that includes protection
for children exploited in prostitution. Under the new law children under 16 who are exploited in
prostitution will no longer be treated as juvenile delinquents. This provision makes the new law
one of the most progressive so far for any state regarding sexually exploited youth.

Click here to read the press release.

For the past seven months, ECPAT-USA has been working with WITNESS to make a short documentary on new state laws and approaches to commercially sexually exploited children. Over the last few months, we’ve traveled the country and interviewed many experts from law enforcement, juvenile justice, advocate organizations and treatment programs. We also had the honor of interviewing a courageous survivor whose compelling and inspiring story will be the feature of our film. It has been a true honor to meet and work with these incredible individuals as well as WITNESS, our amazing partner.

Recently we screened a rough cut of the film to friends, staff, interns and others. They provided excellent feedback and recommendations on how to improve our work as we turn the corner toward a final cut. It was exciting to see how much progress has been made…but there is still much to do!

The film will focus on the fact that children exploited in prostitution are, generally, treated as juvenile offenders in most states. This happens despite their abuse, trauma and immaturity. Juvenile justice is not the appropriate tool to provide care for a crime victim. Our reliance on it only perpetrates an already abusive cycle, trapping the child in feelings of isolation and hopelessness. Even worse, the juvenile record the child receives can cause major obstacles for future employment, especially if the record includes prostitution arrests. It will take time but a shift in how we assist children must take place.

Luckily, there are glimmers of hope; our new film will discuss efforts to change how children are treated by the system. Experts will talk about what is needed, why reform is critical, and what’s new in state policy. States like Vermont, Illinois, Washington, Connecticut and New York have all passed laws that attempt to protect children from criminalization. More states will follow. We must be sure that the law and our practice reflect the fact that commercially sexually exploited children are victims of abuse.

We will keep you updated as the film progresses and let you know when it’s complete. ECPAT-USA and WITNESS hope it will be a useful tool in pressing for reform legislation and other efforts to treat these children as victims of a crime and provide them the services they need to restore their lives.

Three years after New York passed the first Safe Harbor law, legislators and advocates continue to work on new laws to protect commercially sexually exploited children from being treated as juvenile offenders. It’s a complex issue that requires cultural change as much as it requires legal adjustments. It will take a long time and no one law will do all that is needed.

Each new bill aimed at protecting exploited children will vary in strength and depth. While advocates will push for strong protections, the legislative process often ends in compromises with legislators. Compromises are always expected. However, legislators need to identify where policies reflect a misunderstanding of the dynamics of exploitation and its effect on children. Some of the policies below, while protective, are not as strong as they could be. As a result, some children will fall through the gaps. Hopefully, each successive new law will find innovative ways to fully protect children no matter their age or previous exploitation experiences.

Requiring force, fraud or coercion. Federal human trafficking law (22 U.S.C. 7102) does not require the proof of fraud, force or coercion with regards to persons under 18. This is absolutely essential to protecting children and prosecuting traffickers. Children are easily manipulated and the federal law reflects this. No state law should require proof of coercion, duress, fraud, force or any similar burden on cases involving children.

Splitting victim demographics into under 16, and 16 and over. Commercially sexually exploited children experience incredible violence and manipulation at the hands of traffickers. Many are first victimized through physical or sexual abuse in the home. Some are vulnerable due to homelessness. It is unrealistic to believe that once a victim turns 16, beatings and rape turns into a lifestyle choice. Even if exploitation begins at 16, teens are still highly vulnerable to manipulation especially where they have little stability or a history of abuse. Protecting 13 and 14 year olds is incredibly important. Let’s give the same level of protection and understanding to our 16 and 17 year olds.

Giving a child only one chance. Traffickers are experts at developing dependency, fear and emotional bonds in the child victim. Children are isolated from healthy, stable support systems, exiled into a criminal world with its own rules. It can take a long time for a child to even recognize they were manipulated and what they experienced was not normal. Many children lack the healthy supports critical to exiting exploitation. It will usually take multiple attempts to break free. By giving a child only one chance, we tell victims they are failures if they need more than one chance. Punishment is not the proper response to a child in crisis and only increases isolation and resentment.

Immunity from prosecution for prostitution. There is no reasonable argument in favor of prosecuting a child for their exploitation. While immunity provisions are a step forward, they represent a minimum standard of protection. The juvenile justice system is not an appropriate place for a crime victim. However, reality dictates it may take a while to develop appropriate, alternative responses. If legislation is compromised down to an immunity provision, it should be coupled with other policies that promote a child’s well-being and acknowledges their status as a crime victim.

It’s not a child welfare issue. Sexually exploited children, whether sold by a parent or a stranger, are abused children. They often have a history of contact with state child welfare agencies. Therefore, child welfare has a critical role to play in prevention, identification, data collection, and assistance. When state laws are created, state Department of Children and Families must be at the table to discuss their role in addressing this abuse. While the department’s actual effort may not be defined in the legislation, the agency must do their part even if it’s a multistage, multiyear process.

Focusing on child behavior; not adult crimes. While state legislation should work to protect and assist children, it should also address any weaknesses in punishing traffickers and buyers of sex with children. It can also boost law enforcement tools by allowing wiretapping for investigations regarding human trafficking and sex crimes against children.

We are thrilled that HF0556 has been introduced to the state legislature. It still has a long way to go before its voted on, and its up to all Minnesota residents to call their state representatives and tell them to vote yes.

KEY PROVISIONS:

· Explicitly defines sexually exploited youth and sex trafficking victims as children in need of protection or services.

· Excludes sexually exploited youth and sex trafficking victims from the definition of delinquency. This provision

phases in effective 2014 to ensure that adequate systems to address sexually exploited youth are in place.

· Amends the definition of “prostitute” to include only individuals 18 years of age or older, effective 2014.

· Charges the commissioner of public safety, in consultation with the commissioner of health, the commissioner of

human services, and other stakeholders to develop a victim services model to address the needs of sexually

exploited youth and youth at risk of sexual exploitation.

• Increases penalties for buyers of prostitution with revenue split between service providers, prosecutors, and law enforcement.

To read the full bill click here

To follow the status of the Bill click here

This could not have been done without the help of The Advocates for Human Rights, click here for their website.