Safe Harbor Laws and Domestic Sex Trafficking of Minors Report from ABA Center on Children and the Law, ABA Center for Human Rights, and ABA Criminal Justice Section February 2017

GOAL: increase knowledge and understanding of the provisions, implementation, and impact of Safe Harbor laws on justice system responses to children and youth who are victims of commercial sexual exploitation (CSE)/domestic sex trafficking.

Gender/Sexual Orientation   Male 7% Female 43% Identify as LGTB 16% Race African-American 31% Caucasian 25% Hispanic/Latino 18% Asian 13% Native American 19% Other Homeless 34% Runaways 42% Age Under 10 years old 3% 11-15 years old 26% 16-19 years old 33%

Those who reported the law changed their work explained (n=46): • Trafficked youth are recognized as victims, not as offenders(54%) • Victims are referred for services, which have been improved, and include treatment and specialized placements (38%) • There is more attention paid to identifying victims (4%) and more funding is available (4%) Those reporting the law did not change their work (n=16) reported: • They were targeting these victims before the new law so nothing has changed (5) • Law has created additional barriers (3) • There’s no secure placement for these victims or the placements are not appropriate or safe (3) • No resources allocated/unfunded mandate (2) • The law or program is too new (2) • Youth are still being arrested (1)

Typical case outcomes for an arrested or detained youth who is suspected of being a DCST victim are referral to services and/or child welfare. n= Referral to services 79% 81 Referral to child welfare 76% 77 Delinquency adjudication 39% 40 Diversion 35% 36 Immunity from prosecution 26% 26 Criminal prosecution 15% 15 Other 3% 3 “Other” outcomes may include assignment to special CSEC courtroom in Juvenile Court, and child testifies against the adult exploiter.

Typical case outcomes for a youth who is suspected of being a DCST victim but has NOT been arrested or detained are referral to services and/or child welfare. n= Referral to services 82% 86 Referral to child welfare 73% 75 Immunity from prosecution 18% 19 Diversion 13% 14 Delinquency adjudication 11% 11 Criminal prosecution 7% 7 Other 3% 3 “Other” outcomes include: on a case-by-case basis or referral to special CSEC courtroom in Juvenile Court.