Library for Judiciary

Laws of California

California Proposition 35: Californians Against Sexual Exploitation Act (CASE Act) (2012)

Passed November 6, 2012

(1) Increases criminal penalties for human trafficking, including prison sentences up to 15-years-to-life and fines up to $1,500,000; (2) Fines collected to be used for victim services and law enforcement; (3) Requires person convicted of trafficking to register as sex offender; (4) Prohibits evidence that victim engaged in sexual conduct from being used against victim in court proceedings; (5) Requires human trafficking training for police officers.

Fordham Law Review

Can Condoms be Compelling? Examining the State Interest in Confiscating Condoms from Suspected Sex Workers

M. Newcomer — November 2013

“Confiscating condoms from suspected sex workers leaves them at risk for HIV/AIDS, other sexually transmitted diseases, and unwanted pregnancy. Yet, police officers in New York, Washington, D.C., and Los Angeles collect condoms from sex workers to use against them as evidence of prostitution… . In the landmark case of Griswold v. Connecticut, the U.S. Supreme Court established a fundamental privacy right in the use and access of contraceptive devices… . This Note shows that by taking condoms from suspected sex workers, police officers and departments are actually violating sex workers’ constitutional right to privacy, and, therefore, the practice must be abandoned.”

Citation: 82 Fordham L. Rev. 1053 (November 2013)

U.S. Bureau of Justice Statistics, Human Trafficking Reporting System

Characteristics of Suspected Human Trafficking Incidents, 2008-2010

April 28, 2011

Discusses the characteristics of human trafficking investigations, suspects, and victims in cases opened by federally funded task forces between January 2008 and June 2010. This report provides information about investigations, persons involved in suspected and confirmed incidents of human trafficking, and case outcomes. Data are from the Human Trafficking Reporting System (HTRS), which was created in response to a congressional mandate in the Trafficking Victims Protection Reauthorization Act of 2005 for biennial reporting on the scope and characteristics of human trafficking. HTRS captures information on human trafficking investigations conducted by state and local law enforcement agencies in the United States.

Freedom Network USA

Child Trafficking for Labor in the U.S.

September 2012

Discussing: (1) What is child labor trafficking; (2) How are children trafficked for their labor; (3) Challenging to identifying/serving child labor trafficking survivors; (4) Recommendations.

Immigrant Justice Project, Southern Poverty Law Center

Civil Litigation on Behalf of Victims of Human Trafficking

D. Werner — October 13, 2008

Manual for civil attorneys representing trafficking victims, discussing: (1) Logistical Concerns (Pros/Cons, Co-Counseling, Working with a Parallel Criminal Prosecution, Client Credibility, Handling Release/Waiver Signed by Client, Limitations on Certain Cases); (2) Procedure (Protecting Client from Traffickers, Individual Actions vs. Class Actions); (3) When/Where to File Civil Action; (4) Whom to Name as Defendant; (5) When to Include Jury Demand; (6) Service of Process; (7) Causes of Action (TVPA, 13th Amendment Implied Rights of Action, Alien Tort Claims Act, RICO, Fair Labor Standards Act, Migrant and Seasonal Agricultural Worker Protection Act, Title VII, 42 U.S.C. §1981, Ku Klux Klan Act of 1871, 1871, Torts, Contract and Quasi-Contract Claims); (8) Damages.

National Center for Prosecution of Child Abuse, National District Attorneys Association

Civil Remedies for Human Trafficking Victims

January 2012

Compilation of state and federal legislation, session laws, codified statutes relating to civil remedies for trafficking victims as of January 2012.