Library for Lawyers

Laws of Arkansas

Arkansas House Bill 1203

Enacted February 19, 2013

(1) Creates felony offenses of “trafficking in persons” and trafficking of minors, defined as persons under age 18; (2) Eliminates defense in trafficking prosecution that defendant “did not have knowledge of a victim’s age or mistakenly believed a victim was not a minor;” (3) Creates affirmative defense that defendant engaged in prostitution-related offense as a result of being a trafficking victim; (4) Creates civil cause of action for trafficking victims to recover compensatory and punitive damages, injunctive relief, attorneys’ fees, and tolls statute of limitations. Topics: Arkansas, State Legislation, Definition, Sex Trafficking, Children, Minors, Law Enforcement, Crime, Prevention, Prosecution, Evidence, Affirmative Defense, Victim Remedies, Civil Litigation/Civil Remedies

Loyola University Chicago, Center for the Human Rights for Children; International Organization for Adolescents (IOFA)

Building Child Welfare Response to Child Trafficking

2011

Discussing: (1) Screening tools for child trafficking; (2) Case management tools and resources; (3) Legal protections and advocacy; (4) Resource Guide; (5) Integrating Trafficking Response Protocols and Services within the Child Welfare System (The Illinois Case Study). Additional Relevant Links: http://www.luc.edu/chrc/pdfs/Building_Child_Welfare_Response_to_Child_Trafficking.pdf

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. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics

Characteristics of Suspected Human Trafficking Incidents, 2008-2010

D. Banks, T. Kyckelhahn — April 2011

Describes the characteristics of human trafficking investigations, suspects, victims in cases opened by federally funded task forces between January 2008 and June 2010. Additional Relevant Lins: http://bjs.ojp.usdoj.gov/content/pub/pdf/cshti0810.pdf