Wilbanks CEASE Clinic provides overview for decriminalizing child sex trafficking victims

Abstract

Sex trafficking is one of the fastest-growing criminal industries in the world. An estimated $99 billion of human trafficking annual profits stem from the commercial and sexual exploitation of children (CSEC). Despite a growing awareness of domestic minor sex trafficking and CSEC in the United States, insufficient identification of victims is a major barrier to prevention and intervention efforts. Sadly, instead of being identified as victims and provided with services, victims are too often arrested or prosecuted for acts committed while they were under the control of their traffickers.

The Wilbanks Child Endangerment and Sexual Exploitation Clinic – which is the first of its kind in the nation – offers an overview for decriminalizing child sex trafficking victims, with a focus on the state of Georgia. In a policy brief titled Child Sex Trafficking and Enhancing Georgia Responses, the clinic relates how common misunderstandings about the realities of child sex trafficking prevent the identification of victims, resulting in survivors being treated more like adult criminals than child victims.

Wilbanks CEASE Clinic Director Emma M. Hetherington is a child welfare law specialist certified by the National Association of Counsel for Children. Hetherington provides legal consulting services to attorneys and advocates nationwide on matters involving child welfare law, child sexual abuse and CSEC.

How are child sex trafficking victims criminalized?

  • Child victims can be charged with status crimes, misdemeanors and felonies committed while under the control of their trafficker.
  • In Georgia and many other states, child victims can be prosecuted as adults for various offenses, including non-violent felonies, even when the acts are directly related to their victimization.

How do we improve the identification of child sex trafficking victims?

  • Increase education and training regarding common misunderstandings of the realities of child sex trafficking victims, which can lead to better identification.
  • Perform regular screenings of at-risk youth – those who are involved in child welfare and/or juvenile justice systems – to help identify victims before it is too late.
  • Provide trauma-responsive training to law enforcement, child welfare workers, courts and victim service providers to better identify victimization and trauma responses that are traditionally seen throughout the justice system as “criminal” behaviors.

What are some ways to better assist child sex trafficking victims?

  • Child welfare agencies, law enforcement, district attorneys offices, and attorneys and guardians ad litem for children should work closely early on with victim service organizations to assess whether a child is suspected or confirmed to be a victim of CSEC and to consider alternatives to prosecution, such as the provision of therapeutic services and familial support.

How is current or pending legislation in Georgia impacting the criminalization of child sex trafficking victims?

  • Despite Georgia’s commitment to the protection of survivors of child sex trafficking enacted in 2015, child victims continue to be arrested and prosecuted for acts committed while under the control of traffickers.
  • New proposed legislation will increase penalties for violations of criminal gang activities and other offenses. These changes will inadvertently exacerbate the criminalization of victims, diverting them from protection, healing and recovery.

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