Library for Policy Advocates

Regent University Law Review

A Legislative Framework for Combating Domestic Minor Sex Trafficking

L. Smith, S. Vardaman — 2010-2011

Argues state laws must be as comprehensive/severe in penalties as federal law to advance a full criminal deterrence program, avoid migration of the crime to more lenient states, and solve the problem of identifying victims of this crime; supports: (1) Legislation specifying that minors under 18 years of age exploited through commercial sex acts are per se trafficking victims; (2) Elimination or restriction of accused traffickers’ mistake-of-age defense; (3) Elimination of proof of force, fraud, or coercion in domestic minor sex trafficking cases; (4) facilitator liability for criminally assisting or benefiting from trafficking; (5) decriminalization of prostituted juveniles; (6) Identification of domestic sex trafficked minors as victims for purposes of crime victims’ compensation; (7) Legislation enhancing law enforcement/criminal justice tools in domestic minor sexual exploitation investigations/prosecutions.

American University Law Review

A Minor Conflict: Why the Objectives of Federal Sex Trafficking Legislation Preempt the Enforcement of State Prostitution Laws Against Minors

S. Crile — 2012

Discusses the dichotomy between federal law, which views prostituted children as victims, and many states’ laws, which treat them as criminals; argues that the doctrine of federal preemption provides a framework for resolving the tension between federal and state law; concludes that the federal Trafficking Victims Protection Act (TVPA) preempts states’ enforcement of criminal prostitution against minors.

Columbia Human Rights Law Review

A Perfect Storm: The U.S. Anti-Trafficking Regime’s Failure to Stop the Sex Trafficking of American Indian Women and Girls

A. Johnson — 2012

Addresses the sexual exploitation and trafficking of American Indian women and girls, which continues at disproportionate rates; explores how U.S. efforts have failed American Indian sex trafficking victims; discusses how this failure is part of a broader failure of the U.S. to effectively assist U.S. citizen and legal permanent resident victims; concludes that the foreign victim paradigm of sex trafficking severely marginalizes domestic victims in the implementation of government anti-trafficking efforts by law enforcement, prosecutors, and service providers; proposes ways to undo this marginalization and improve anti-trafficking efforts to meet the needs of domestic victims and, in particular, American Indian victims.

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.

Regent University Law Review

Addressing Demand: Why and How Policymakers Should Utilize Law and Law Enforcement to Target Customers of Commercial Sexual Exploitation, 23 Regent University Law Review 297

L. Lederer — 2011

Addresses strategies for demand reduction: (1) Drafting laws that penalize patronizing and target customers/consumers of commercial sex; (2) creating first-offenders program (“John’s Schools) to educate first-offenders about the deleterious effects of commercial sexual exploitation; (3) creating sting and reverse-sting operations to assist law enforcement in identifying, arresting, and prosecuting buyers; (4) developing social marketing campaigns that target exploiters and impress on the general public a “no tolerance” message.

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.