Presentation Transcript

1. Connecticut’s Human Trafficking LawsAugust 28, 2013

2. PA 13-166, AAC Sexual Exploitation and Trafficking in Persons (HB 5666) Requires the Council to examine existing law related to trafficking in person, and identify any deficiencies. Report findings and recommendations to the Legislature by January 1, 2014.
3. NEW Human Trafficking Redefined A person commits the crime of trafficking in persons when he or she compels or induces another person, through coercion, fraud, or use or threatened use of force against the person or a third person, to: Engage in more than one occurrence of sexual contact with at least one third person, or Provide labor or services the person has a legal right to refrain from providing. PA 13-166, AAC Sexual Exploitation and Trafficking in Persons (HB 5666)
4. Human Trafficking Redefined Prior definition: a person commits the crime of trafficking in persons when he or she coerced, compelled, or induced another person to engage in prostitution or provide labor or services. Public Act 06-43, An Act Concerning Trafficking In Persons, codified as CGS § 53a-192a.
5. Criminal Law-Trafficking Trafficking in persons is a class B felony. Public Act 06-43, An Act Concerning Trafficking In Persons, codified as CGS. § 53a-192a.
6. Criminal Law- Victim Defenses Gives a person an affirmative defense to a prostitution charge if he or she is a victim of involuntary servitude, slavery or trafficking in persons. Public Act 06-43, An Act Concerning Trafficking In Persons, codified as CGS. § 53a-82 (reworded in PA 13-166 to adhere to the enhanced human trafficking definition).
7. NEW Criminal Law- Victim Defenses A person can assert the defense of duress to a prostitution charge if: A person was coerced by the use, or threatened imminent use, of physical force against the person or another A reasonable person in the situation would not be able to resist. P.A. 13-166, An Act Concerning Sexual Exploitation and Trafficking in Persons (sHB5666)
8. NEW Criminal Law- Victim Defenses The duress defense is not available to those who intentionally or recklessly place themselves in a situation where it is probable that they will be subjected to duress. P.A. 13-166, An Act Concerning Sexual Exploitation and Trafficking in Persons (sHB5666)
9. Criminal Law – Protecting Youth If a 16- or 17-year-old is charged with prostitution: There is a presumption that the child was coerced into committing the offense by another person in violation of the laws against trafficking in persons. Public Act 10-115, An Act Providing A Safe Harbor For Exploited Children, codified as C.G.S. §36b-79
10. Criminal Law – Protecting Youth It is a Class B felony if someone is charged with promoting prostitution using a person who is under age 18 There is a mandatory minimum sentence of nine months for anyone convicted of promoting prostitution of someone under age 18. Public Act 10-115, An Act Providing A Safe Harbor For Exploited Children, codified as C.G.S. §36b-79 Public Act 10-115, An Act Providing A Safe Harbor For Exploited Children, codified as C.G.S. §36b-79
11. Criminal Law – Protecting Youth Requires a police officer who arrests a 16- or 17-year-old on prostitution charges to report suspected child abuse or neglect to the Department of Children and Families. Public Act 11-180, An Act Concerning Notification by the Department of Children and Families When a Youth is Arrested for Prostitution and Out-of State Placements of Children and Youth, codified as CGS § 46b-133(c).
12. NEW Criminal Law-Vacating Convictions At any time after a judgment of conviction is entered, the defendant may apply to the Superior court to vacate judgment of conviction on the basis that, at the time of the offense, the defendant was a victim of trafficking in persons. Prosecutors are given a reasonable opportunity to investigate the defendant's claim and an opportunity to contest the defendant's application.
13. NEW Criminal Law-Vacating Convictions If the defendant proves that she or he was a victim of trafficking in persons, the court shall vacate the judgment of conviction and dismiss any charges related to the offense. Vacating a judgment of conviction does not constitute grounds for an award of compensation for wrongful arrest, prosecution, conviction or incarceration. P.A. 13-166, An Act Concerning Sexual Exploitation and Trafficking in Persons (sHB5666)
14. Civil Law - Labor The Attorney General is authorized to file suit, at the labor commissioner's request, against an employer who employs workers he knows are being coerced by someone else to work for him or if the employer has engaged directly in trafficking. Violators may be fined up to $10,000 for each violation. Public Act 06-43, An Act Concerning Trafficking In Persons, codified as C.G.S. §§ 31-51vv and 52-571i
15. Civil Law – Labor Allows victims to file suit for either (1) their actual damages or (2) statutory damages up to $1,000 for each day they were coerced to work or engage in prostitution. The trafficker must pay the victim’s reasonable attorney’s fees. Public Act 06-43, An Act Concerning Trafficking In Persons, codified as C.G.S. §§ 31-51vv and 52-571i
16. Forfeiture of Property All moneys used, or intended for use, and all property derived from the proceeds, directly or indirectly, shall be subject to forfeiture to the state for the following offenses: Trafficking in persons. Class B felony (C.G.S. § 53a-192a) Risk of injury to a minor involving the sale of a child under age 16 . Class C felony. (C.G.S. § 53-21)
17. Civil Law-Forfeiture of Property 1st degree promoting prostitution: When a person knowingly advances prostitution by compelling a person by force or intimidation to engage in prostitution, or profits from coercive conduct by another or 2) advances or profits from prostitution of a person less than 18 years old. Class B felony. (C.G.S. § 53a-86)
18. Forfeiture of Property 2nd degree promoting prostitution: When a person knowingly advances or profits from prostitution by managing, supervising, controlling or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by two or more prostitutes . Class C felony. (C.G.S. § 53a-87)
19. Forfeiture of Property Enticing a minor using an interactive computerto engage in prostitution or sexual activity for which the actor may be charged with a criminal offense. Class B felony. (C.G.S. § 53a-90a) Voyeurism and disseminating voyeuristic material. Class D felony (C.G.S. §§53a-189a and 53a-189b)
20. Forfeiture of Property Employing a minor in an obscene performance. Class A felony. (C.G.S. §§53a-196a) Promoting a minor in an obscene performance. Class B felony. (C.G.S. §§53a-196b) Importing child pornography. Class B felony. (C.G.S. §§53a-196c) Public Act 10-112, An Act Concerning the Forfeiture of Money and Property Related to Child Sexual Exploitation and Human Trafficking, the Possession of Child Pornography and the Sitting of Residential Sexual Offender Treatment Facilities (codified above)
21. NEW Forfeiture of Property Categories added in 2013 Legislative Session: Prostitution: A person 16 years of age or older is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee. Class A misdemeanor. (C.G.S. § 53a-82): See exceptions for youth and trafficking in persons for exceptions.
22. NEW Forfeiture of Property 3rddegree promoting prostitution: When a person knowingly advances or profits from prostitution. Class D felony. (C.G.S. § 53a-88). Commercial sexual exploitation of a minor. Class Cfelony. (C.G.S. §§53a-196i) P.A. 13-166, An Act Concerning Sexual Exploitation and Trafficking in Persons (sHB5666)
23. Programs by Council State Agencies Trafficking in Persons Council PCSW: convene and chair TIP, legislative advocacy Department of Children and families: youth direct services, public awareness & education Department of Public Health: public awareness & education
24. Programs by Council State Agencies The Office of Victim Services contracted with the Connecticut Coalition Against Domestic Violence (CCADV) to provide shelter and services on a temporary basis, not to exceed seven days, basic needs such as clothing and prescriptions, and assistance with permanent living arrangements. Note: Service provision determined by individual shelters.
25. Public Awareness & Education PCSW contracted with Humantis, LLC to create a uniform victim-centered curriculum. The curriculum contains 24 hours of substantive sessions that address: How to Identify and Respond to Trafficked Persons Skill development Train-the Trainer
26. Public Awareness & Education In 2007, curriculum used to train State Police through Post and made available to the Division of State Police, the Chief State’s Attorney, local police departments and community organizations.
27. Public Awareness & Education In 2008, the Office of Victim Services used the curriculum to conduct a train-the trainer programs and certified five NGO’s to conduct regional community-based trainings. Barnaba Institute –New London and Windham Connecticut Sexual Assault Crisis Services (CONNSACS) – statewide The Connecticut Women’s Consortium –New Haven and Litchfield Counties International Institute of Connecticut –Hartford, Tolland and Fairfield Women’s and Family Center for Meriden –Meriden, Wallingford and Middlesex County
28. Public Awareness & Education In 2007, curriculum used to train State Police through Post and made available to the Division of State Police, the Chief State’s Attorney, local police departments and community organizations. The Office of Victim Services used the curriculum to conduct a train-the trainer programs and certified five NGO’s to conduct regional community-based trainings.
29. Public Awareness & Education The Office of Victim Services developed and produced educational brochures in Chinese, English, Haitian Creole, Hindi, Korean, Polish, Portuguese, Russian, and Spanish.
30. Public Awareness & Education The Office of the Chief Court Administration must develop a concise card or brochure concerning a victim’s rights and services to be distributed to municipalities and the State police for distribution to crime victims. PA 13-166, AAC Sexual Exploitation and Trafficking in Persons (HB 5666) NEW
31. Public Awareness & Education All truck stops or locations and certain establishments that serve or sell alcohol must post notices in plain view. PA 13-166, AAC Sexual Exploitation and Trafficking in Persons (HB 5666) NEW
32. Compensation & Restitution The Office of Victim Services must conduct an analysis of the compensation and restitution services provided to victims of sexual exploitation and human trafficking and make recommendations to the Legislature by January 15, 2014. PA 13-166, AAC Sexual Exploitation and Trafficking in Persons (HB 5666) NEW
33. Budget In 2006: $25,000 to PCSW to develop curriculum (1x) $50,000 to Police Officer Standards and Training Council for training programs (1x) $75,000 to the Division of Criminal Justice for witness protection services (1x) $25,000 to the Judicial Department for shelter and victim services Public Act 06-43, An Act Concerning Trafficking In Persons
34. Budget After 2006, funding for shelter and victim services maintained in the “Victim Security Account” line item in the Judicial Department budget. It is funded at $9,402 in FY 2014 and FY 2015.
35. Budget 2007-2011 Funds spent from Victim Security Account Training for 119 trainings: $26,545 Housing for 18 adults: $11,058 211 Hotline for 6 calls: $5,000 Total: $42,603
36. Where Connecticut Stands Nationally (Per Polaris Project in 2012) The Polaris Project, the lead national agency on this issue, ranked CT as a Tier 1 State. CT is one of 21 states with a Tier 1 ranking. Tier 1 means CT has passed significant laws to combat human trafficking and should continue to take steps to improve and implement laws.
37. Where CT Stands Nationally – CT Has (Per Polaris Project in 2012) Sex Trafficking Laws Labor Trafficking Laws Civil Remedies Asset Forfeiture Investigative Tools Training for Law Enforcement Human Trafficking Task Force Safe Harbor for Minors Victim Assistance
38. Where CT Stands Nationally – CT Needs (Per Polaris Project in 2012) A Requirement of Force, Fraud, or Coercion for Sex Trafficking of Minors √ Redefinition in PA 13-166 addresses Vacating Convictions – √ PA 13-166 addresses Posting of the National Hotline – Originally the Council approved use of funds to direct calls to 211. Due to low call volume, Council did not renew contract. √ OVS is using it on new and updated materials.