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The Advisory Task Force on Justice Involved Women and Girls Presents
Safe Harbor: Working Across Borders to Meet the Need Current Data and Trends Information Sharing Coalition Building Monday, October 3, 2016 Clay County Family Service Center Room th Street N | Moorhead, MN 56560
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Agenda 10:00-10:15am Welcome And Introductions
10:15-11:30am Panel On Safe Harbor 11:30-12:00pm Lunch (Provided) 12:00-1:00pm Next Steps Meeting
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Department of Corrections Advisory Task Force on Justice Involved Women and Girls
To promote and advocate for gender and culturally responsive approaches for justice involved women and girls. Meetings: Second Wednesday / month 10am-12pm, DOC, St. Paul, MN Contact Karmen McQuitty, Chair,
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Safe Harbor Panel Caroline Palmer, MNCASA Attorney
Paula Schaefer, DHS Safe Harbor Training Coordinator Noelle Volin, MNCASA Safe Harbor Coordinator
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Sexually exploited youth
MN Safe Harbor Law Sexually exploited youth 17 years old and under can no longer be criminalized for engaging in prostitution in Minnesota, instead they are seen as victims and should be referred to victim-centered services. SLIDE 42 Proposed Script: Minnesota’s Safe Harbor Law is a statewide effort to provide shelter and services for Minnesota’s sexually exploited youth. The law recognizes juveniles who are commercial sexually exploited as victims and not criminals. It directs them to services and away from criminal sanctions. Minnesota’s Safe Harbor Law resolves a conflict within the law that identified juvenile victims of commercial sexual exploitation, including trafficking, as both victims and children in need of services AND criminals engaging in prostitution. Victims who fear criminal prosecution or who are prosecuted will not trust the system that is trying to help them. It is harder to find such victims, provide them with services, and engage them in the prosecution of the trafficker and purchasers. In essence, the MN Safe Harbor Law resolved this conflict and explicitly stated that commercially sexually exploited youth who are under 18 years old can no longer be criminalized for engaging prostitution and, instead, should be referred to services. They can no longer be found guilty of their own sexual exploitation. While this conflict was resolved for juveniles, it still exists for adult victims of trafficking. Internal Notes: Sometimes there is confusion as to what age is covered by the law and if there is a separate response for 16 and 17 year olds. This confusion is caused by the fact that when the MN Safe Harbor Law was first passed, it distinguished between youth 15 and under compared to 16 and 17 year olds. This distinction revealed an underlying belief that older juveniles were somehow more responsible in their own sexual exploitation and was a difficult compromise to get the overall law passed. Thankfully, that mistaken understanding was clarified and the law was amended in 2013 to include all juveniles under 18 as was initially intended by the drafters. As of 2013, there is no age distinction for juveniles under the age of 18. However, as mentioned the distinction still exists for anyone 18 or older. It should also be noted that not everyone in the criminal justice system treated victims like criminals prior to the Safe Harbor law. Many prosecutors were not prosecuting juvenile victims of trafficking for engaging in prostitution and some law enforcement officers who would find victims would try to find them services and avoid arresting them. Instead, the threat of delinquency charges was sometimes used as a tool to obtain cooperation in valuable cases against the trafficker and the goal of the arrest or victim detention would be to keep the victim away from her pimp. Officers said it was sometimes the only way to keep the victim safe. Even though it was not the overwhelming practice of many in the criminal justice system to treat these juveniles as criminals, it was still problematic that our State’s laws allowed for that to happen. Also, officers, prosecutors, and service providers alike, all said that there should be a different option and better tools available to help with prosecution of traffickers and protecting victims. So that was what Safe Harbor and the No Wrong Door Model wanted to create.
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Language Matters: Minnesota Department of Health’s Definition of Minor Commercial Sexual Exploitation Minor Commercial Sexual Exploitation occurs when someone under the age of 24 engages in commercial sexual activity. A commercial sexual activity occurs when anything of value or a promise of anything of value (e.g., money, drugs, food, shelter, rent, or higher status in a gang or group) is given to a person by any means in exchange for any type of sexual activity. A third party may or may not be involved.
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Forms of Sexual Exploitation
COMMERCIAL SEXUAL EXPLOITATION Survival Sex Sexual Harassment Sexual Abuse/ Assault Prostitution Pornography Stripping $ Sex Trafficking SLIDE 15 Proposed Script: Many people acknowledge a broader working understanding of sex trafficking. As this graphic shows, sex trafficking is just one form of commercial sexual exploitation which, in turn, fits within even broader category of sexual exploitation. In addition, sexual exploitation overlaps with other forms of violence against women such as domestic violence. While these broader forms of sexual exploitation that may not fall under the legal definition of sex trafficking they are still extremely damaging to individuals as well as our society and support a culture in which sex trafficking thrives. It is important to understand sex trafficking within this larger context of sexual exploitation because, being a victim of one form of sexual exploitation makes a person more vulnerable to becoming a victim of commercial sexual exploitation, and in turn, more vulnerable to becoming a victim of sex trafficking. So if we really want to stop or prevent sex trafficking, we have to address all forms of sexual exploitation. This is especially important for people who work in related areas to know. As they start uncovering trafficking cases, they will also see these other forms of violence and exploitation. They may also see ties with labor trafficking. As groups prepare their response to sex trafficking in various disciplines or regions, they should also evaluate their response to other related forms of violence and exploitation. - Do Justice LLC 2014
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Implementation of Safe Harbor and No Wrong Door
Regional Navigators and Services for sexually exploited youth Housing/Shelter for sexually exploited youth Training and education for professionals that interact with youth Protocol Guidelines and Implementation SLIDE 47 Proposed Script: The task of implementing Safe Harbors Law in Minnesota is multi-faceted: An implementation strategy has been created through the development of a Statewide Safe Harbor Director and Regional Navigators; Vital to implementation, is training for professionals who encounter commercially sexually exploited youth on how to identify them and how to respond. Training and education efforts include: Ensuring that law enforcement and prosecutors achieve extensive training on these issues. Developing a statewide model protocol for system professionals on identifying and intervening with sexually exploited and trafficked youth. Creating partnerships to ensure that other stakeholders in addition to law enforcement and prosecutors receive training. Housing and services has been identified as key needs to develop and fund
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Survivor and Youth Input for Minnesota’s
Voices of Safe Harbor: Survivor and Youth Input for Minnesota’s Model Protocol on Sexual Exploitation and Sex Trafficking of Youth Available at: mncasa.org
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No Wrong Door: Underlying Values and Philosophy
Those who come in contact with youth should be trained to identify sexual exploitation. “I think they should pass a law as to where all officials take classes on this and they should have to offer some sort of knowledge.” Youth who are sexually exploited are victims of a crime. “Victims shouldn’t be locked up so they know it’s not their fault.” “Some victims may not see themselves as victims.” Victims should not feel afraid, isolated or trapped “No one would talk to me in jail or tell me what happened. I’m 15, I don’t know what’s going on. I just felt trapped.” Sexual exploitation is traumatic. Victim centered services should be based in trauma-informed care. “Be more understanding, not quick to judge. Learn more about the trauma of exploitation.” SLIDE 45 Proposed Script: The Safe Harbor law and No Wrong Door model were based on a set of underlying values and philosophies. These values helped create the Wrong Door model and guides subsequent implementation efforts. As we move forward in our work to fight sex trafficking and respond to the needs of victim/survivors, we should remember these values and make sure they continue to be reflected in the policies, protocols, and practices we develop. The Underlying Values and Philosophy of Safe Harbor and the No Wrong Door model are: Those who come in contact with youth should be trained to identify sexual exploitation. Youth who are sexually exploited are victims of a crime. Victims should not feel afraid, isolated or trapped. Sexual exploitation is traumatic. Victim centered services should be based in trauma-informed care. Go to Next Slide for continued list: Services should be responsive to needs of youth (gender-responsive, culturally competent, age appropriate, supportive for LGBTQ youth). Services should be offered statewide. Youth have the right to privacy and self-determination. Services should be based in positive youth development. Sexual exploitation can be prevented.
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No Wrong Door: Underlying Values and Philosophy
Services should be responsive to needs of youth (gender-responsive, culturally competent, age appropriate, supportive for LGBTQ youth). “They need to stop labeling Indians as drunk, or label as prostitutes blacks and Native Americans, they are labeled really bad, a black dude is a drug dealer, [there are ] stereotypes and racism.” Services should be offered statewide. “Most of the time a lot of the scary stuff happens in small towns because no one bats an eyelash, like ‘that doesn’t happen in our town.’ It happens everywhere.” Youth have the right to privacy and self-determination “Confidentiality invites trust – will get more people to seek help.” Services should be based in positive youth development “Spend time with them, make them feel like they are included, like they are a part of their family, that they are positive ...” Sexual exploitation can be prevented “It’s really important to learn what healthy relationships are and to a degree know what unhealthy relationships are. If you don’t know what an unhealthy relationship is it’s easier to get sucked into one.” SLIDE 45 Proposed Script: The Safe Harbor law and No Wrong Door model were based on a set of underlying values and philosophies. These values helped create the Wrong Door model and guides subsequent implementation efforts. As we move forward in our work to fight sex trafficking and respond to the needs of victim/survivors, we should remember these values and make sure they continue to be reflected in the policies, protocols, and practices we develop. The Underlying Values and Philosophy of Safe Harbor and the No Wrong Door model are: Those who come in contact with youth should be trained to identify sexual exploitation. Youth who are sexually exploited are victims of a crime. Victims should not feel afraid, isolated or trapped. Sexual exploitation is traumatic. Victim centered services should be based in trauma-informed care. Go to Next Slide for continued list: Services should be responsive to needs of youth (gender-responsive, culturally competent, age appropriate, supportive for LGBTQ youth). Services should be offered statewide. Youth have the right to privacy and self-determination. Services should be based in positive youth development. Sexual exploitation can be prevented.
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Prevention is the KEY! Connect children/youth with healthy and safe adults Communities embrace, value and engage ALL youth Educate children/youth, families and communities Prevent child abuse! Early intervention in child maltreatment to reduce vulnerability for exploitation Interrupt the intergenerational cycle of poverty, abuse, etc. in order to mitigate the transmission of risk from one generation to the next Address the underlying societal issues that allow for the sexual exploitation of children and youth
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“That doesn’t happen here.”
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What is Safe Harbor Protocol?
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Youth receives services and support
Safe Harbor Law No Wrong Door Youth receives services and support Why do we need protocol? Story
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Youth receives services and support
Why we need protocol. Safe Harbor Law No Wrong Door Youth receives services and support Protocol Story
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A Community-Developed Response to Sexual Exploitation
Safe Harbor Protocol: A Community-Developed Response to Sexual Exploitation Minnesota Statewide Safe Harbor Protocol Implementation Project Statewide Resources Targeted Intensive TA & Support to Teams in Each NWD Region
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Community-Driven Community-Specific
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Minnesota Safe Harbor Protocol GUIDELINES
Tools and Resources: Minnesota Safe Harbor Protocol GUIDELINES Coming Fall 2016 Language/Terminology Foundational Knowledge Discipline-Specific Best Practices and Considerations Intergovernmental Coordination with Tribes Survivor Expertise Visit for more information The purpose of the Protocol Guidelines is to provide guidance to each community in developing its own response, based on its own unique set of resources, practices, and the needs of its particular population.
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Contacts Caroline Palmer Paula Schaefer Noelle Volin, M.A., J.D.
Legal Affairs Manager Minnesota Coalition Against Sexual Assault Paula Schaefer Safe Harbor Training Coordinator Injury and Violence Prevention Unit, MDH Noelle Volin, M.A., J.D. Sexual Violence Justice MNCASA
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Lunch
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How does your work intersect with Safe Harbor?
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What is currently happening in your organization/region
regarding Safe Harbor?
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(What are our next steps?)
Where do we go from here? (What are our next steps?)
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