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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
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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.
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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%
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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)
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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 “Other” outcomes may include assignment to special CSEC courtroom in Juvenile Court, and child testifies against the adult exploiter.
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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 Other % 3 “Other” outcomes include: on a case-by-case basis or referral to special CSEC courtroom in Juvenile Court.
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