Library for Judiciary

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.

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)

Boston College Journal of Law & Social Justice

Walking the Freedom Trail: An Analysis of the Massachusetts Human Trafficking Statute and Its Potential to Combat Child Sex Trafficking

M. Dess — Winter 2013

Massachusetts’ Trafficking Law “creates a safe harbor provision for minors involved in prostitution, a civil cause of action for victims, increased penalties for traffickers, and discretionary training for law enforcement officials on working with minor trafficking victims. This Note explores the Massachusetts Trafficking Law, focusing primarily on its treatment of sex trafficking victims under the age of eighteen, suggesting that sexually exploited minors should be treated as victims rather than criminals under the law. In order to effect this proposal, training for law enforcement officials on child sex trafficking should be mandated, and the Massachusetts Trafficking Law should be amended so that sexually exploited minors cannot be prosecuted for commercial sex acts under any circumstances.”

Citation: 33 B.C. J.L. & Soc. Just. 147 (Winter 2013)

Brooklyn Law Review

Policing the Virtual Red Light District: A Legislative Solution to the Problems of Internet Prostitution and Sex Trafficking

A. Perer — Winter 2012

“[T]the legal options for deterring websites from hosting [sex sales advertisements] were—and continue to be—limited. Under the Communications Decency Act of 1996 (CDA), websites essentially have immunity from liability—civil and criminal—for unlawful postings by third parties… . [Under] [t]he Commercial Sex Distribution Amendment (CSDA) … , classified-ads websites would be liable for unlawful sex postings by third parties if the websites were notified about the postings but took no steps to remove the postings, because they would then become distributors that knowingly distribute illegal content. As a “distributor,” the website would lose …[CDA] section 230 ‘publisher’ immunity.”

77 Brooklyn L. Rev. 823 (Winter 2012)

Columbia Human Rights Law Review

The Protected Innocence Initiative: Building Protective State Law Regimes for America’s Sex Trafficked Children

T. Dysart — Spring 2013

This Article “[1] explain[s] the purpose and necessity of the [Shared Hope International] Protected Innocence Initiative by first reviewing the federal laws on domestic minor sex trafficking, which provide a useful comparison point for state laws, and then examining the need for states and localities to play a role in investigating and prosecuting domestic minor sex trafficking[;] [2] … set[s] out the specific policy principles analyzed in the Protected Innocence Initiative Methodology, explain[s] why the Protected Innocence Initiative focused on a methodology rather than a model law, and review[s] the Protected Innocence Initiative’s findings on key components[;] [3] … discuss[es] state legislative responses to domestic minor sex trafficking since the Protected Innocence Initiative and recommend[s] additional steps for the future.”

Citation: 44 Colum. Hum. Rts. L. Rev. 619 (Spring 2013)