Library for Policy Makers

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.

Abt Associates, Inc.

Final Report on the Evaluation of the First Offender Prostitution Program, Abt Associates, Inc., prepared for Office of Research and Evaluation, National Institute of Justice

M. Shively, et al. — March 7, 2008

The First Offender Prostitution Program (FOPP) is designed to reduce the demand for commercial sex/human trafficking in San Francisco by educating men arrested for soliciting prostitutes (“johns”) about the negative consequences of prostitution. Eligible arrestees have the choice of paying a fee and attending a one-day class (“john school”), or being prosecuted. Findings include FOPP: (1) Has been effective in substantially reducing recidivism among men arrested for soliciting prostituted women; (2) Is cost-effective; and (3) Is transferable, having been successfully replicated in other locations.

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.

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.

California Alliance to Combat Trafficking and Slavery Task Force

Human Trafficking in California, Final Report of the California Alliance to Combat Trafficking and Slavery Task Force

October 2007

As of the Report date, Findings include: (1) California lacks comprehensive data on human trafficking; (2) Shelter is one of a trafficking victim’s most critical needs, but California does not have enough appropriate shelter space to support the needs of trafficking victims; (3) The caseworker/counselor confidentiality privilege is important in encouraging victims to come forward; (4) Trafficking victims’ rights to civil relief is not well known and often not addressed.