Library for Lawyers

Yale Law and Policy Review

Consent, Coercion, and Compassion: Emerging Legal Responses to the Commercial Sexual Exploitation of Minors, 30 Yale Law and Policy Review 1

M. Annitto — 2011

Examining conflicts between statutory rape and prostitution laws and judicial decisions applying them (focusing on inconsistent decisions under New York and Texas law), the author contends: (1) prosecuting prostituted youth directly opposes the theory underlying statutory rape laws, which implicitly recognize that minors cannot legally consent to sex with adults; and (2) prosecution of domestic minors perpetuates a dichotomy between domestic-born and foreign-born sex trafficking victims, and it contradicts federal law and international trafficking protocols. Reform legislative efforts should bar prosecution of minors for prostitution, omit restrictions about which children are immune from prosecution, and be modeled on the Illinois Safe Children Act.

U.S. Court of Appeals for the Ninth Circuit

Ditullio v. Boehm, 662 F.3d 1091 (9th Cir. 2011)

2011

The Ninth Circuit Court of Appeals held in a case of first impression—Ditullio v. Boehm, 662 F.3d 1091, 1100 (9th Cir. 2011)—that Section 1595 of the Trafficking Victims Protection Act (TVPA), 18 U.S.C. §1595, “creates a civil cause of action [sounding in tort] that permits victims of trafficking to recover compensatory and punitive damages from individuals who violate the TVPA,” but further held that Section 1595 does not apply retroactively to conduct occurring before its effective date.

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.”

Fordham Law Review

Elusive Empowerment: Compensating the Sex Trafficked Person Under the Trafficking Victims Protection Act

T. Sangalis — October 2011

Observes that, as of October 2011, not a single suit filed in federal court by sex trafficking survivors under the TVPA has reached the merits, and restitution in connection with the criminal case (the only other statutory means of compensating these survivors) either has not been ordered, not been collected, or been woefully inadequate. Recommends that Congress: (1) Discard T Visa requirements that victims suffer “severe” forms of trafficking and show extreme hardship (not required by the U Visa); (2) Create of federal task forces that partner with organizations/agencies pursuing civil litigation on behalf of trafficking victims; (3) Ensure that mandatory restitution ordered in criminal proceedings under the TVPA is tracked and collected.

Fordham Law Review, vol. 80, p. 403

Elusive Empowerment: Compensating the Sex Trafficked Person Under the Trafficking Victims Protection Act

T. Sangalis — 2011

Discusses: (1) Definition and Facts; (2) Factors Causing Sex Trafficking; (3) Victim Experience; (4) The Trafficking Victims Protection Act of 2000: T Visas and Mandatory Restitution; (5) Reauthorization of TVPA; (6) Compensation under the TVPA; (7) Improving the Sex Trafficked Person’s Access to Compensation: (a) Modify the Requirements to Receive Benefits Under the TVPA; (b) Civil Litigation; (c) Collection of Restitution Damages.

Washington University Journal of Law and Policy

Examining the Reality of Foreign National Child Victims of Human Trafficking in the United States

B. Carr — 2011

Discusses extending the “snapshot moment” (the initial encounter between victims and law enforcement) to better determine whether a child is considered a victim or criminal; absent a presumption in favor of classifying such a child as a trafficking victim, the child should be provided access to an attorney before the decision is made or, at a minimum, victim witness specialists trained to interview traumatized children should interview all children who might be trafficking victims. Advocates that: (1) individuals above the age of 18, who were trafficked as children, should be eligible to apply for a T Visa regardless of whether they cooperate with law enforcement; (2) amendment of the Trafficking Victims Protection Act (TVPA) to prioritize and facilitate family reunification.

released by The White House, Office of the Press Secretary

Fact Sheet: Obama Administration Announces Efforts to Combat Human Trafficking at Home and Abroad

Discusses: (1) Executive Order Strengthening Protections in Federal Contracts; (2) Tools and Training to Identify and Assist Trafficking Victims; (3) Increased Resources for Victims; (4) Federal Strategic Action Plan (Global Business Coalition Against Trafficking, U.S. Travel Association’s Anti-Trafficking Tool Kit, Counter-Trafficking in Persons Campus Challenge, Johns Hopkins University Bloomberg School of Public Health Research Partnership with Goldman Sachs Foundation and Advisory Council on Child Trafficking, Made in the Free World Initiative, etc.).