Library for Lawyers

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.

U.S. Department of Health and Human Services, Administration for Children and Families, Office of Refugee Resettlement

About Human Trafficking, prepared for Office of the Assistant Secretary for Planning and Evaluation (ASPE)

Discusses: (1) Overview of Human Trafficking Issue; (2) Victim Identification and Public Awareness; (3) Assistance for Victims of Human Trafficking; (4) Certification and Eligibility Letters; (5) Trafficking Victim Assistance Program; (6) National Human Trafficking Resource Center.

Cardozo Journal of International and Comparative Law

Addressing Human Trafficking Along the United States-Mexico Border: The Need for a Bilateral Partnership, 19 Cardozo Journal of International and Comparative Law 413

R. Garza — 2011

Posits that “[h]uman trafficking is especially sinister because it takes advantage of people’s basic instinct—their desire to improve their living conditions” and ”[h]uman trafficking transcends boundaries and so must its solution;” proposes that Mexico amend the Mexican Anti-Trafficking Law and makes recommendations for its implementation, but acknowledges that, even if the laws are improved, the solution may not be complete—a more concrete bilateral partnership between the U.S. and Mexico is necessary.

U.S. Department of Health and Human Services (HHS)

Addressing the Needs of Victims of Human Trafficking: Challenges, Barriers, and Promising Practices, prepared for Office of the Assistant Secretary for Planning and Evaluation (ASPE)

H. Clawson, N. Dutch — August 2008

This Issue Brief focuses on the needs of victims of human trafficking and the services available to meet those needs; discusses challenges and barriers to providing services to victims, international and domestic, adults and minors; and highlights innovative solutions to these challenges and promising practices to overcome barriers. Throughout the brief, distinctions are made, where appropriate, between international adult victims, international minor victims, and domestic minor victims. Issues discussed include: (1) Understanding the Needs of Victims of Human Trafficking; (2) Differences in Needs; (3) Available Services; (4) Challenges and Barriers to Meeting the Needs of Victims (Lack of Knowledge and Understanding, Availability of Services, Appropriations, Access to Services, Length of Services, Lack of Coordination of Services); (5) Innovations and Promising Practices to Serving Victims (Collaboration, Consistent Case Managers, Mobile Services, Use of Pro Bono Services, Volunteer Programs). Additional Relevant Link: http://aspe.hhs.gov/hsp/07/HumanTrafficking/Needs/ib.pdf

Laws of Alaska

Alaska Senate Bill 22

July 1, 2013

(1) Commencement of actions for felony sex and human trafficking; (2) Forfeiture for certain crimes involving prostitution; (3) Interception of private communications for human/sex trafficking offenses; (4) Use of evidence of sexual conduct concerning victims; (5) Consideration at sentencing of effect of a crime on the victim; (6) Definition of “sex offense” for sex offender registration; (7) Violent crimes compensation; (9) Rights of sexual assault victims to legal/equitable remedies for injuries from the perpetrator’s conduct; (10) Definition of “sexual assault” for adoption and termination of parental rights; (11) Protective orders; (12) Subpoena power in cases involving use of Internet service accounts.