Final Report of the Subcommittee on Domestic Trafficking

1) Assembly Bill 3042 was signed into CA law, January 2005 and is a groundbreakingmeasure that represents a systemic shift in how we approach <strong>the</strong> sexual exploitation <strong>of</strong>children. AB3042 provides vital tools for prosecutors to ensure that <strong>the</strong> perpetrators <strong>of</strong>child sexual exploitation are held accountable for <strong>the</strong>ir crimes. This bill is a great stepthat sends a clear message that paying for sex from a child is not about prostitution.Having sex with a child is sexual assault and molestation. This law will make clear thatour children are not for sale. AB3042 will fur<strong>the</strong>r several goals:• AB 3042 gives prosecutors and courts <strong>the</strong> tools to hold perpetrators (demand)accountable.• It makes <strong>the</strong> punishment fit <strong>the</strong> crime.• Our enforcement <strong>of</strong> this law will deter o<strong>the</strong>rs who think paying for sex with aminor is not a serious sexual <strong>of</strong>fense.• <strong>Final</strong>ly, this bill will fur<strong>the</strong>r a fundamental shift from treating sexually exploitedchildren as “prostitutes” to protecting <strong>the</strong>m as victims. This shift has importantpractical implications. When a police report lists someone as a victim <strong>of</strong> childsexual assault, victim advocates can immediately access a broad range <strong>of</strong> statefundedsupport for that child from <strong>the</strong> Victims <strong>of</strong> Crime Compensation Fund.• Recently, in meeting with a Los Angeles Vice Crimes Officer <strong>of</strong> 27 years and hestated has never arrested a man for sex with a minor or rape <strong>of</strong> a minor when <strong>the</strong>minor is determined to be engaging in prostitution. He stated at <strong>the</strong> most <strong>the</strong>charge was a misdemeanor lewd act charge-not even lewd act with a minor.2) Assembly Bill 22 is a comprehensive anti-trafficking bill designed to protect victims,prosecute traffickers, and prevent human trafficking in California. AB 22 was signedinto law January 1, 2006.AB 22 provides for Criminal Provisions and Civil Remedies by:• Establishing <strong>the</strong> crime <strong>of</strong> trafficking <strong>of</strong> a person for forced labor or services and <strong>the</strong>crime <strong>of</strong> trafficking <strong>of</strong> a minor, both punishable as felonies.• Making <strong>the</strong> crime <strong>of</strong> human trafficking punishable by 3, 4, or 6 years in <strong>the</strong> stateprison, or up to 8 years if <strong>the</strong> person trafficked is under 18 years old.• Upon conviction, requiring courts to order <strong>the</strong> defendant to pay restitution to <strong>the</strong>victim, and providing for <strong>the</strong> forfeiture <strong>of</strong> any assets obtained through trafficking.• Requiring <strong>the</strong> Attorney General to make prosecution <strong>of</strong> human trafficking a priority.AB 22 provides Social Service Provisions by:• Requiring state and local law enforcement agencies to issue a Law EnforcementAuthority Endorsement for all trafficking victims within 15 days <strong>of</strong> initial contact, tospeed up a victims’ access to federal services.• Establishing a victim-caseworker privilege, wherein <strong>the</strong> trafficking victim has aprivilege to refuse to disclose, and to prevent from disclosing, a confidentialcommunication between <strong>the</strong> victim and a human trafficking caseworker.• Prohibiting <strong>the</strong> disclosure <strong>of</strong> <strong>the</strong> location <strong>of</strong> any trafficking shelter, in order to protectvictims from fur<strong>the</strong>r intimidation and harassment by traffickers.• Conforming <strong>the</strong> California definition <strong>of</strong> trafficking victim to <strong>the</strong> federal definition <strong>of</strong>a ‘victim <strong>of</strong> a severe form <strong>of</strong> trafficking,’ to facilitate victims’ eligibility for federalservices.72