Sexually Exploited Girls and Detention Reform Sherman'ppt

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Detention Reform

Sexually Exploited Girls
Francine Sherman Juvenile Rights Advocacy Project
Boston College Law School shermanf_at_bc.edu
617-552-4382
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Are Victims, Not Offenders Require
victim-centered, service-focused approach
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International Law
Optional Protocol to the Convention on the
Rights of the Child on the Sale of
Children Child prostitution the use of a
child in sexual activities for remuneration or
any other form of consideration... criminalizes
exploitation as well as complicity or
participation Protect the rights and interest
of victims guided by the best interest of the
child Prevention, protection of victims, and
victim compensation
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Federal Law
Trafficking Victims Protection Act
Unlawful to cause a person under 18 to engage in
a commercial sex act No force, fraud or coercion
needed for minor Commercial sex act anything of
value is given to or received by any
person Includes johns and
survival sex Limited
jurisdiction
22 U.S.C. sec. 7101-7112 (2000)
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Federal Law
Trafficking Victims Protection Act
Victims of trafficking are entitled to protection
and services including no detention in federal
facilities inappropriate to their status as
crime victims.... necessary medical care and
other assistance... special immigration status
if they are not citizens.
22 U.S.C. sec. 7105 (c) (1) (2007) 8 U.S.C. sec.
1101 (a)(15)(T) (2007)
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Model State Laws
Redefining Prostitution, minimum age
Michigan Defines prostitution as person 16 or
older. (age of consent for sexual activity in
MI is 13)
Mich. Comp. Laws sec 750.448 (2007) 750.520b
(2007)
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State Laws
Anti-Human Trafficking Laws
DOJ Model Anti-Trafficking Criminal Statute
knowingly recruits, entices, harbors,
transports, provides or obtains by any means or
attempts to...another person under 18...knowing
that the minor will engage in commercial sexual
activity, sexually-explicit performance, or the
production of pornography. Illinois Broadly
defines crime, stiff penalties for trafficking
minors, requires perpetrator to pay restitution
to victim and forfeit assets to state. Services.
New York Crime of sex trafficking
intentionally advances or profits from
prostitution. (includes providing drugs, lying,
withholding documents) Victim benefits and
services available
720 ILCS 5/10A-10 McKinneys Penal Law sec.
230.34
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State Laws
Redefining the response to Child Sexual
exploitation
New York Safe Harbour for Exploited Children
Act Expands PINS definition to include sexually
exploited children. PINS petition Shall be
substituted for every charge of prostitution for
youth under 18 upon defense motion. If youth
does not cooperate, delinquency petition can be
reinstated at courts discretion with written
findings. Develop specialized services for
sexually exploited children Safe and secure
long term housing and specialized services
throughout state, specialized community -based
programs, decisions on services made locally by
broad stakeholders group

McKinneys Social Services Law sec. 447-a
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Local Approaches
Boston Child Abuse Model, 51A reporting, No
Prosecutions of minors Alameda County Pilot
Program, San Francisco, Boston Broad
Collaborations, Continua of Services, specially
trained foster homes Atlanta, San Francisco,
Dallas Staff secure Safe House as one component
of service
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