POLICY

Policy Response to Child Sex Trafficking in America

Over the past several years, there has been a dramatic change in the way society recognizes and views domestic human trafficking. Much like the change that took place with respect to the victims of domestic violence and sexual assault, as a nation, we are developing a genuine understanding of human trafficking, and the phenomenon of the commercial sexual exploitation of children.

Once this recognition has been made — that domestic children are not “prostitutes” rather, they are victims of crime who have been forced to commit unspeakable acts against their will — the status quo is no longer acceptable and change must take place.

The President of the United States and the U.S. Department of Justice are now involved in the fight against modern day slavery. It is in this context that we find ourselves with a unique opportunity to educate policy makers who are anxious to make change but who are also not clear as to what that change may look like.

H.E.A.T. Watch Response

  • H.E.A.T. Watch Legislation. Read about what laws the Alameda County District Attorney’s Office and H.E.A.T. Watch has done around anti-trafficking legislation.
  • CSEC Protocol Recommendations. Learn about the county-wide policy recommendations for various stakeholders, who serve commercially sexually exploited children.
  • Policy Tools. Access resources, draft Memorandum’s of Understanding (MOU’s), information and more.

For more information, questions, and requests for training, email info@heatwatch.org

H.E.A.T. Watch Legislation

While elected officials want to do the right thing and get involved in this issue, many are at a loss as to how to respond. Given their unique positions on the front lines of fighting human trafficking, District Attorneys, Public Defenders, Civil Law Practitioners, Family Law Practitioners, Judges, Probation Officers, Social Services, Child Protective Service Providers, Mental Health Providers, Victim-Advocates as well as community and faith-based organizations must coordinate efforts to identify areas for change in statewide and national policy. These same groups must work together to inform policymakers of their finding and suggest legislative changes. Thereafter, the emphasis must shift toward supporting the legislative effort.

The Alameda County District Attorney’s Office continues to be a national leader in the enactment and implementation of laws, and the education of lawmakers, decision makers and policy makers. The Alameda County District Attorney’s Office filed the first human trafficking case focusing on prosecuting traffickers.

The following summarizes significant California legislation sponsored or supported by the Alameda County District Attorney’s Office that addresses human trafficking and more particularly, CSEC:

  • AB 22 (2005) Created a privilege for communications made by a trafficking victim to human trafficking caseworker. This privilege may be asserted by either the trafficking victim, the human trafficking caseworker or by a person authorized to act on behalf of the trafficking victim. A human trafficking caseworker is defined as a person who is employed by an organization for the purposes of rendering advice or assistance to victims of human trafficking. This person must receive specialized training in the counseling of human trafficking victims and meets other educational and training requirements. The holder of the privilege is the victim.
  • AB 499 (2008) and AB 799 (2011) Created a pilot program to develop a model addressing the needs and treatment of exploited youth, including the development of a protocol for identifying minors arrested or detained who may be exploited youth, a diversion program of best practices, and a training curriculum to be provided to county employees and law enforcement. The pilot project requires the District Attorney of Alameda County to submit a report by 2016 summarizing activities to determine if the pilot program should be extended and distributed to other counties in 2017.
  • AB 17 (2009) The Human Trafficking Penalties Act quadrupled fines against traffickers from $5,000 to $20,000 and enabled law enforcement to seize assets associated with the conviction. The bill also continuously directs 50 percent of those funds to community organizations serving underage victims of sexual exploitation.
  • AB 12 (2011) The Abolition of Child Commerce, Exploitation, and Sexual Slavery Act (ACCESS) required that a person convicted of seeking the services of a prostitute under the age of 18 be ordered to pay an additional fine not to exceed $25,000. This money is used to fund programs and services for exploited youth in the counties where the offenses took place.
  • AB 90 (2011) This law expands the types of human trafficking crimes subject to the criminal profiteering asset forfeiture laws and makes the resulting funds available for minor victims of human trafficking through the Victim-Witness Assistance Fund.
  • AB 764 (2011) AB 764 adds a new donation box to the state income tax form that allows taxpayers to donate to programs that provide assistance to exploited youth.
  • SB 130 (2013) This law extends law to allow a victim of human trafficking to have up to two support persons of his or her own choosing during the giving of testimony at the preliminary hearing and at the trial or juvenile court proceeding.

Proposition 35 – The Californians Against Sexual Exploitation Act (CASE Act)

In 2012, California voters passed Proposition 35, the CASE Act through the Initiative Process – legislative changes brought by the People for the People of California. The CASE Act is by far the strongest legislative response to human trafficking to date in the State. It was passed by popular vote by an overwhelming 81%. The change in law dramatically increased punishments and fines for those convicted of human trafficking, redefined the conduct that constitutes human trafficking in California and required mandatory registration for those convicted of sex trafficking, to name a few components.

For assistance in developing human trafficking policies and laws, email info@heatwatch.org

 

CSEC Protocol Recommendations

For the past several years, Oakland has been recognized as a local and national hub for child sex trafficking. In response, a Task Force was formed and CSEC Protocols were developed and adopted. The following Protocol recommendations were designed to enable public and private agencies that work with exploited youth to partner and respond to their specific needs while holding traffickers accountable:

  • A designated agency representative(s) who will serve as the point-person for communication with other partner agencies regarding commercial sexual exploitation of children cases;
  • Agency participation in CSEC related meetings and trainings;
  • Compilation of data related to commercial sexual exploitation of children which documents the agency’s response to identified exploited youth.

District Attorney’s Office
Prosecutors assigned to the Juvenile Division and prosecutors assigned to the Adult Prosecution Units should be designated to handle human trafficking and commercial sexual exploitation of youth cases, both in the Juvenile and Adult Divisions. Prosecutors should build strong partnerships with counterparts in other counties for multi-jurisdictional cases. If possible, these designees should also be responsible for all charging and data collection related to these cases. It is the policy of the Alameda County District Attorney’s Office that a victim-witness advocate should be assigned to the Prosecution Team to provide psycho-social and actual support to commercially sexually exploited youth and victims of human trafficking during the pendency of a case.

Victim-Witness Advocates can also assist with the processing and approval of Victim of Crime (VOC) funds that can provide necessary resources and funds to support the victim’s safety and continued recovery. All staff that interface with these cases should be trained in best practices for prosecuting commercial sexual exploitation of youth cases while ensuring the exploited youth receive necessary support.

*Through the advocacy of the Alameda County District Attorney’s Office, the California District Attorneys Association (CDAA) has created a Human Trafficking Committee which is made up of elected District Attorneys from around California as well as deputy district attorneys from the various 58 counties. The Human Trafficking Committee will create statewide, multi-disciplinary training and will review and submit legislative ideas for law changes. The Human Trafficking Committee of CDAA is chaired by the Alameda County District Attorney and its creation raises the level of attention and importance of this area of the law among all of California’s prosecutors.

Law Enforcement
Law enforcement can provide safety and recovery intervention for commercial sexual exploitation of youth by patrolling in known areas for domestic minor sex trafficking, by addressing immediate medical needs of exploited youth, by conducting thorough investigations and arresting exploiters and purchasers.

The Best Practice of Law Enforcement CSEC Protocol is to have a Victim Advocate, preferably a non-government Advocate who can assure confidential communication with the victim of human trafficking, such as a Rape Crisis Advocate or Human Trafficking Advocate, present when a victim of human trafficking is identified. By having a partnership with and the presence of a Victim Advocate, the victims’ non-investigatory needs can be addressed for which support is provided.

Absent actual physical presence of a Victim Advocate, it is critical for Law Enforcement to make a referral of the victim to a victim advocacy organization providing services to trafficked youth. Having a Victim Advocate present during interviews with the victims can also be essential for the advancement of the case and the care and well-being of the victim.

First Crisis Response Organizations (FCR’s)
FCR’s should provide victim/advocacy services as trafficked youth are identified and/or arrested. This may occur in the field at the time when exploited youth is detained by law enforcement or Juvenile Justice Center. These services should be immediate and ongoing.

The goal is to stabilize the youth and then provide comprehensive services, such as crisis counseling, educational classes, service referals, and advocacy for exploited youth so that their voice may be heard. In addition the FCR will also provide ongoing support to the victim if and when he or she is involved in the adult prosecution of the trafficker. In so doing the FCR will work with law enforcement, defense counsel, and members of the district attorney’s office to ensure the safety of the victim during the adult prosecution of the trafficker.

Probation Department
When an identified youth is taken into custody at the Juvenile Justice Center, Probation should consider the high risk factors in determining if detention is appropriate upon intake. In addition Probation should refer the identified youth to comprehensive medical and mental health care services. Probation should contact the designated FCR’s to ensure that their services are put into place. If the exploited youth remains in custody, Probation should take all reasonable steps to prevent the youth from engaging in communication with potential exploiters.

Juvenile Court
A gender-responsive approach should be taken by the court to address the unique challenges faced by girls in the juvenile justice system. To this end, a Girls Court should be established which has a dedicated prosecutor and public defender. A partnership should be formed between the Court, the District Attorney’s Office, Public Defender’s Office, Probation, and various service providers to sustain a dedicated courtroom where the goal is consistency and a thorough understanding of the challenges, needs and strengths of each girl referred to the court.

For assistance in developing CSEC protocol recommendations in your own community, email info@heatwatch.org

Policy Tools

H.E.A.T. Watch works with policy makers to engage them in creating anti-human trafficking laws that support victims, hold traffickers accountable, and support the programs working against this horrific crime. Below are some tools, resources, templates, and training examples that you can use in your own agency’s response. Make sure to check back often for updated material and information.

For programmatic support, email info@heatwatch.org.

If you plan to use specific H.E.A.T. Watch material, please credit the Alameda County District Attorney’s Office, H.E.A.T. Watch Program.

H.E.A.T. Watch Material

Samples

Templates

Trainings

  • Human Trafficking 101 Master Presentation – Use this PowerPoint to assist you in developing your own training curriculum. The purpose of this template is to provide you with information that you can pick and choose as you see fit. This presentation includes background about the commercial sexual exploitation of children, myths & misconceptions, risk factors, statistics, and more (look in the “notes” section of the PowerPoint for talking points, sources, and links to external videos). (8.9MB)
  • Creating Successful Presentations – As you prepare or update your own presentations using PowerPoint, there are certain rules that you can utilize to optimize the audience’s experience. Quickly review this how-to guide on creating powerful presentations about human trafficking, while utilizing Guy Kawasaki’s 10-20-30 Presentation Rule (0.7MB)

Additional Research & Resources