Library for Policy Advocates

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)

Northern Illinois University Law Review

What is the Monetary Value of Slave Labor?: Restitution Based on a Traditional Fair Market Value Valuation Basis May Not Fully Compensate Human Labor Trafficking Victims

B. Greer — Summer 2011

Addresses: (1) Necessity for an authoritative restitution implementation scheme for victims of forced labor human trafficking; (2) Variation in monetary recovery for forced labor depending on underlying civil causes of action asserted; (3) Restitution as the first, best opportunity to accurately calculate value of forced labor; (4) Rejection of traditional fair market value calculation based on a freely negotiated exchange in forced labor cases; (5) Foreclosing traffickers from asserting traditional fair market value computation; (6) California Penal Code §1202.4(Q)’s more equitable methods of calculating restitution to maximize victim recovery.

Juvenile and Family Court Journal, Vol. 63, Issue 1, pp. 77-90

When Federal and State Systems Converge: Foreign National Human Trafficking Victims Within Juvenile and Family Courts

B. Carr — Winter 2012

Discusses: (1) Identifying foreign national child victims of human trafficking; (2) Treating victims of human trafficking as victims; (3) Federal benefits for child trafficking victims; (4) Special concerns in cases involving child trafficking victims; (5) Concluding that, to combat human trafficking in the U.S. effectively, juvenile/family court systems must actively participate in identifying/protecting trafficking victims.

Boston College Third World Law Journal

Women and Children Last: The Prosecution of Sex Traffickers as Sex Offenders and the Need for a Sex Trafficking Registry

Geneva Brown — 2011

Proposes that an international database be maintained to track the location of prosecuted sex traffickers, similar to the sex offender registry in the U.S., as a means to deter and decrease sex trafficking, raise public awareness, and provide an effective apparatus for law enforcement agencies to prevent and prosecute sex trafficking.

Huffington Post

Zero Tolerance Should Not Mean Zero Action

D. Isenberg — Sept. 18, 2012

Discusses gaps in the TVPA, Military Extraterritorial Jurisdiction Act (MEJA, which provides a jurisdictional basis for application of anti-trafficking laws to civilian contractors), and military trials (through grant of jurisdiction in Uniform Code of Military Justice) that hinder effective prosecution of trafficking offenses, including weaknesses in the TVPA’s statutory definitions, MEJA’s limited applicability to persons “supporting the mission of the DOD,” and deficiencies in the UCMJ anti-prostitution provisions; supports amendment of UCMJ to create two new offenses under military law: human trafficking and aggravated human trafficking.