Showing posts with label Law against human trafficking. Show all posts
Showing posts with label Law against human trafficking. Show all posts
Monday, August 27, 2012
States are Passing Laws to Combat Human Trafficking
FOR IMMEDIATE RELEASE
CONTACT: Megan Fowler, info@polarisproject.org
Majority of States Actively Passing Laws to Combat Human Trafficking
Polaris Project 2012 Annual Ratings Show Massachusetts as Most Improved, Wyoming as Faltering
CHICAGO, IL (August 7, 2012) – More than half of states have passed laws to combat human trafficking, punish traffickers and support survivors in the past year, Polaris Project announced today during the launch of its 2012 Annual Ratings Map on state human trafficking laws. Twenty-eight states (55%) passed new laws in the past year. A law passed last November in Massachusetts catapulted the state from the worst tier to the best, earning a “Most Improved” distinction. South Carolina, West Virginia and Ohio were also applauded for their improvements. Wyoming has yet to pass any law against human trafficking, making it one of Polaris Project’s “Faltering Four” with Arkansas, Montana and South Dakota. “Passing strong state laws is a critical step to increasing prosecutions of traffickers and providing local support for survivors,” said Mary Ellison, Polaris Project’s Director of Policy. “It is exciting to see so many state policy makers actively seeking ways to stop human trafficking, but using these new laws to save lives and hold traffickers accountable is what we are ultimately striving for. While states like Washington and Massachusetts are clearly at the top of the pack in our ratings, every state can and should do more to improve and implement their laws.”
Polaris Project rated all 50 states and the District of Columbia based on ten categories of laws that are critical to a basic legal framework that addresses this crime and human rights abuse. Each state is placed in one of four tiers based on whether it has passed legislation in each of the ten categories. Twenty-one states are currently in the top category, Tier 1, up from 11 states in 2011. Only four are in the bottom category of Tier 4, down from nine states in 2011. One-third of states increased their rating by at least one tier. Washington had the highest point total, with 11 out of 12, while Wyoming is lowest with -2 points. Massachusetts and West Virginia particularly stand out for passing their first human trafficking laws in the past year. “Massachusetts has taken major steps to combat the egregious crime of human trafficking, and we are pleased that this report recognizes those efforts,” said Attorney General Martha Coakley. “We continue to work towards a successful implementation of the new law through investigations, prosecutions, and policy change and look forward to working with stakeholders to end the exploitation of people in our Commonwealth.”
Despite improvements in laws across the country, few states passed “Safe Harbor” laws. These laws state that children under the age of 18 who are involved in commercial sex acts should not be treated as criminals for acts to which they can't legally consent, but instead should be recognized as victims of sex trafficking who are in need of services and support. Strong Safe Harbor laws grant immunity from prosecution or divert the child from juvenile delinquency proceedings, as well as offer protection and access to child welfare services. Only eight states received full credit for having a Safe Harbor law which includes provisions to protect children and also to provide services for the victim.
More than a decade after the passage of the federal anti-trafficking law, the Trafficking Victims Protection Act (TVPA), 47 states and D.C., have sex trafficking criminal statutes, and 49 states and DC have labor trafficking criminal statutes. Although the TVPA has been reauthorized 3 times by bipartisan majorities, Congress allowed the Act to expire in September of 2011. The current Senate bill, S. 1301, has 46 cosponsors. “In every state in our country, as well as globally, traffickers are enslaving victims by forcing or manipulating them to work or perform commercial sex acts,” continued Ms. Ellison. “We look forward to continuing to work with state legislators to develop tools to stop this horrendous human rights abuse. And we encourage Congress to pass the Trafficking Victims Protection Reauthorization Act and other anti-trafficking bills to ensure that our federal laws stay strong.”
The National Human Trafficking Resource Center hotline, operated by Polaris Project since December 2007, has received more than 57,000 calls from every state in the country, and connected more than 6,700 potential victims to services. Incidences of sex and labor trafficking have been reported to the hotline in all 50 states and the District of Columbia in the U.S. in the last two years. Twelve states have passed laws requiring or encouraging the posting of the national human trafficking hotline. To report a tip, connect with anti-trafficking services in your area, or request information, call The National Human Trafficking Resource Center at: 1-888-3737-888.
The state ratings map and methodology, as well as tailored state-by-state reports, are available at http://www.PolarisProject.org/2012StateRatings.
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About Polaris Project
Polaris Project is one of the leading organizations in the global fight against human trafficking and modern-day slavery. Named after the North Star "Polaris" that guided slaves to freedom along the Underground Railroad, Polaris Project is transforming the way that individuals and communities respond to human trafficking, in the U.S. and globally. By successfully pushing for stronger federal and state laws, operating the National Human Trafficking Resource Center hotline (1-888-373-7888), conducting trainings, and providing vital services to victims of trafficking, Polaris Project creates long-term solutions that move our society closer to a world without slavery. Learn more at www.polarisproject.org.
P.O. Box 53315, Washington, DC 20009
Tel: 202-745-1001, Fax: 202-745-1119
Saving our Children from Sexual Slavery
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Tuesday, July 24, 2012
Legal Needs of Human Trafficking Survivors - Polaris Project
Polaris Project | National Human Trafficking Resource Center | 1-888-373-7888 | NHTRC@PolarisProject.org www.PolarisProject.org © Copyright Polaris Project, 2012. All Rights Reserved This publication was made possible in part through Grant Number 90XR0012/02 from the Anti-Trafficking in Persons Division, Office of Refugee Resettlement, U.S. Department of Health and Human Services (HHS). Its contents are solely the responsibility of the authors and do not necessarily represent the official views of the Anti- Trafficking in Persons Division, Office of Refugee Resettlement, or HHS.
Legal Needs of Human Trafficking Survivors
This document provides a list of legal and related issues that may affect human trafficking survivors. Legal providers should be aware of these diverse needs and develop plans to help survivors address them. This list is not meant to be comprehensive, but rather a starting point for understanding the issues faced by survivors of trafficking. Underlined items are designated by Polaris Project Client Services as of particular interest to US Citizen survivors requiring legal assistance.
- Custody and visitation
- Divorce
- Securing access to child support
- Child abduction/concealment
- Child abuse and neglect
- Domestic violence
- Orders of protection/restraining orders
Benefit
- Access to public benefits (Medicaid, Medicare, SSI, State-level benefits)
- Access to crime victim compensation
- Certification or letter of eligibility*
- Assistance vacating convictions (e.g., for prostitution) that complicate eligibility for benefits
*May also fall under immigration-related needs.
- Back wages
- Occupational safety and health violations
- Sexual harassment or discrimination
- Equal employment opportunity violations
- Unemployment benefits
Criminal Justice Advocacy
2. Legal representation for survivors who are incarcerated
3. Representing trafficking victims as defendants charged with prostitution and related crimes
4. Vacating prostitution-related convictions
Civil Litigation
- Various tort claims against traffickers, those who aid and abet trafficking
- Civil damages
- Restitution
Housing
- Access to public or subsidized housing
- If in public housing, negotiating transferring to a safer facility
- Negotiating with a private landlord to change leasing arrangements
Legal Needs of Survivors of Trafficking | Polaris Project
Polaris Project
| National Human Trafficking Resource Center | 1-888-373-7888 | NHTRC@PolarisProject.org www.PolarisProject.org © Copyright Polaris Project, 2012. All Rights Reserved
Immigration
- T-Visa, U-Visa or VAWA Self-Petition
- Adjustment to permanent resident status
- Derivative visa for family members
- Asylum
- Special Immigrant Juvenile Status (also Child-Specific)
Child-Specific
- Court-Appointed Special Advocate or Guardian ad Litem
- Use of Safe Harbor laws
- Emancipation or Advocacy within Child Welfare System (for minors exploited by a parent or guardian)
Tax-Related
- Tax exemption for criminal restitution
- Tax exemption for civil damage awards
Class Actions
- Relief for similarly situated victims
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