All Library Items

Services Available to Victims of Human Trafficking: A Resource Guide for Social Service Providers

Division of Anti-Trafficking in Persons, Office of Refugee Resettlement, Administration for Children and Families, U.S. Department of Health and Human Services

September 18, 2012

“The booklet outlines the types of Federal benefits and services available to trafficking victims in various immigration categories. Included in the guide is a chart for each Federal program that describes eligibility information for certified adults, children with letters of eligibility, lawful permanent residents, U.S. citizens, and others.” It describes various community and State-funded resources, including food, shelter, clothing, medical care, legal assistance, and job training[;] [and] provides information on how a foreign national trafficking victim can obtain a Certification Letter or Eligibility Letter from the HHS Office of Refugee Resettlement.”

37 Washington University Journal of Law & Policy 183

Examining the Reality of Foreign National Child Victims of Human Trafficking in the U.S.

B. Carr — 2011

Discussing the need for amendments of the Trafficking Victims Protection Act (TVPA) to allow for more careful classification of whether a child is a victim, provide trafficked children with the opportunity to apply for a T Visa without making it contingent on cooperating with law enforcement, provide a timely, realistic route for child victims to reunite with family.

ABA Journal

ABA Moves to Press for Justice and Seek Help for Victims of Human Trafficking

D. Weiss — February 11, 2013

The ABA House of Delegates approved four resolutions addressing human trafficking: (1) Laws and policies should be enacted so that victims of human trafficking are not subject to arrest, prosecution or punishment for prostitution or other crimes that are a direct result of their status; victims should be provided appropriate protection, assured their names will not be publicly disclosed, and offered housing appropriate for a victim; (2) Laws should be adopted allowing trafficking victims: (a) charged with prostitution or other nonviolent offenses to assert an affirmative defense of being a human trafficking victim; and (b) to vacate criminal convictions involving prostitution and other nonviolent crimes that are a direct result of their victimization; (3) Bar associations, working with others with expertise, should develop training programs on victim identification, services referrals, and effective communication with traumatized victims.

Abt Associates, Inc.

Final Report on the Evaluation of the First Offender Prostitution Program, Abt Associates, Inc., prepared for Office of Research and Evaluation, National Institute of Justice

M. Shively, et al. — March 7, 2008

The First Offender Prostitution Program (FOPP) is designed to reduce the demand for commercial sex/human trafficking in San Francisco by educating men arrested for soliciting prostitutes (“johns”) about the negative consequences of prostitution. Eligible arrestees have the choice of paying a fee and attending a one-day class (“john school”), or being prosecuted. Findings include FOPP: (1) Has been effective in substantially reducing recidivism among men arrested for soliciting prostituted women; (2) Is cost-effective; and (3) Is transferable, having been successfully replicated in other locations.

Advocates for Human Rights

Safe Harbor: Fulfilling Minnesota's Promise to Protect Sexually Exploited Youth (February 2013)

B. Menanteau, M.G. McKenzie, R. Park — February 2013

“In 2011, Minnesota passed the Safe Harbor for Sexually Exploited Youth Act (Safe Harbor 2011), laying the groundwork for a victim-centered response to sexually exploited children and those at risk of sexual exploitation… . Its provisions apply only to children age 15 and under; sex trafficking victims ages 16 and 17 are not protected. Moreover, Safe Harbor 2011 does not provide the mechanisms or the funding to implement the changes to Minnesota’s delinquency code when Safe Harbor goes into effect in 2014. Comprehensive supportive services and housing must be funded and implemented immediately so that they are available when Safe Harbor’s changes to Minnesota’s delinquency definition go into effect in 2014.”

American Bar Association

Meeting the Legal Needs of Child Trafficking Victims: An Introduction for Children’s Attorneys and Advocates

E. Klain, A. Kloer, et al. — 2009

Resources for lawyers representing child trafficking victims, including:

  1. Identifying and screening for child trafficking victims
  2. Legal remedies for child trafficking victims (TVPA, RICO, Civil/Criminal Forfeiture, Restitution as Part of Sentencing, Victim Assistance Services, Employment Law/Labor Claims, Intentional Torts: Assault & Battery, Civil Protection Orders, Immigration Remedies)
  3. Community-Based Responses to Child Trafficking (Working with: Parallel Criminal Prosecutions, Child Protective Services, Services Providers, NGOs)
  4. Resources for Attorneys and Advocates

American Bar Association

Meeting the Legal Needs of Human Trafficking Victims: An Introduction for Domestic Violence Attorneys and Advocates

J. Bruggeman, E. Keyes, et al. — 2009

Resources for lawyers representing victims of human trafficking, including:

  1. Overlap of domestic violence and human trafficking
  2. Identifying potential human trafficking cases
  3. The special complexities of intersection cases
  4. Civil legal remedies for trafficking victims (TVPA, Employment, Intentional Torts: Assault & Battery, Civil Protection Orders, Immigration Remedies, Companion Criminal Remedies)
  5. Practice Pointers for effective representation.

American Criminal Law Review

How Criminal Law Shapes Institutional Structures: A Case Study of American Prostitution

A. Simowitz — Spring 2013

“Criminalization has the potential to push previously unstructured, independent, ad hoc behaviors to become structured and organized. The Article examines this relationship in the context of American prostitution from the 1850s to 1930s… . Certain criminal regimes, such as partial criminalization that focuses penalties on the purchasers, rather than the sellers of sex work, may alleviate th[e] institutionalizing effect of criminalization and avoid the harms associated with more complex and persistent institutional criminal structures. The Article thus gives theoretical support for current experiments in New York and Sweden in partial criminalization of sex work.”

Citation: 50 Am. Crim. L. Rev. 417 (Spring 2013)

American University Law Review

A Minor Conflict: Why the Objectives of Federal Sex Trafficking Legislation Preempt the Enforcement of State Prostitution Laws Against Minors

S. Crile — 2012

Discusses the dichotomy between federal law, which views prostituted children as victims, and many states’ laws, which treat them as criminals; argues that the doctrine of federal preemption provides a framework for resolving the tension between federal and state law; concludes that the federal Trafficking Victims Protection Act (TVPA) preempts states’ enforcement of criminal prostitution against minors.

Arizona State Law Journal

Victims or Criminals? The Intricacies of Dealing with Juvenile Victims of Sex Trafficking and Why the Distinction Matters

K. Fernandez — Summer 2013

“This Article [1] examines statutes from the states that have decriminalized the offense of juvenile prostitution[;] [2] analyzes the various methods that have been used in handling cases of domestic minor sex trafficking[;] [3] explores the rehabilitative and legal complexities involved in dealing with trafficking victims[;] [4] suggests a statutory change for Arizona, which would decriminalize juvenile prostitution and simultaneously allow a judge discretion on a case-by-case basis when delinquent charges may be necessary[;] [5] considers the formation of a Juvenile Trafficking Court… .”

Citation: 45 Ariz. St. L.J. 859 (Summer 2013)