Final Report of the Subcommittee on Domestic Trafficking

Trafficking victims are minors and many without homes to be reestablished in.Therefore, housing for <strong>the</strong>se victims <strong>of</strong> Domestic Trafficking is also a substantial issue.If <strong>the</strong>y are placed in foster homes or residential programs, <strong>the</strong>re must be appropriatelysensitive and highly trained individuals who have specific knowledge and experiencewith commercial sexual exploitation issues, to serve as a special advocate, above andbeyond regularly assigned social workers/case managers. Counseling by licensedpr<strong>of</strong>essionals with specific training and prior experience in cases <strong>of</strong> youth withcommercial sexual exploitation issues, as well as medical attention is necessary for <strong>the</strong>seyoung victims <strong>of</strong> Trafficking, <strong>of</strong> which many are deeply psychologically wounded andhave sexual injuries and/or sexually transmitted diseases. Reintegration is <strong>of</strong> <strong>the</strong> utmostimportance for <strong>the</strong>se victims <strong>of</strong> Domestic Trafficking and <strong>the</strong> need to know that <strong>the</strong>yhave a peer support group, which understands <strong>the</strong> issues <strong>the</strong>y are facing because <strong>of</strong> <strong>the</strong>irown past experiences and knowledge; specifically as young women who were forced togrow up much too quickly. Victims <strong>of</strong> crime should, first and foremost, be "made whole"through compensation from <strong>the</strong>ir <strong>of</strong>fenders. Children should have a right to victimcompensation for injuries <strong>the</strong>y've suffered. Independent advocacy for <strong>the</strong> child can be <strong>the</strong>key to getting services that a victimized child requires, especially in our systems withlimited funding for those services. It is unconscionable that children may have to waituntil completion <strong>of</strong> legal proceedings to get aid. They should have, as Article 8.1(d) <strong>of</strong><strong>the</strong> Protocol indicates, all support <strong>the</strong>y need during <strong>the</strong> course <strong>of</strong> proceedings. A childvictim who suffers personal injury, under our Federal Law on child sexual exploitation,has a legal right to sue <strong>the</strong>ir <strong>of</strong>fender for recovery <strong>of</strong> actual damages, which are by lawpresumed to be no less than $50,000 in value plus <strong>the</strong> costs <strong>of</strong> bringing <strong>the</strong> action. It isunfortunate though that even with such laws few children ever receive a single dollarfrom <strong>the</strong>ir perpetrator's assets. The Special Advocate can assist <strong>the</strong> child in a variety <strong>of</strong>ways in protecting <strong>the</strong>ir legal rights in obtaining compensation for <strong>the</strong> physical andmental injuries <strong>the</strong>y have suffered.• Problems with Identifying International Trafficking Victims:It is important to ask if <strong>the</strong> determination <strong>of</strong> trafficking victim made. Was it made from<strong>the</strong> prosecutors prospective or from a client centered approach? A person can show that<strong>the</strong>y knew <strong>the</strong>y were coming to <strong>the</strong> US for <strong>the</strong> purposes <strong>of</strong> prostitution and still be avictim <strong>of</strong> trafficking. Coercion, force and fraud can happen before, during or after aperson arrive in this country. Four to five days is not an adequate time to determine <strong>the</strong>senuances to <strong>the</strong> law. Being defined as a trafficked victim and <strong>of</strong>fered continued presencedoes not and should not be confused with <strong>the</strong> prosecutor’s ability to press charges andobtain a guaranteed conviction.The United States law looks at trafficking as a humanitarian issue. Under <strong>the</strong> law, <strong>the</strong>victim <strong>of</strong> trafficking will be provided immigration status on a humanitarian basisregardless <strong>of</strong> whe<strong>the</strong>r <strong>the</strong>y will testify or not. So <strong>the</strong> immigration status is not and shouldnot be tied to <strong>the</strong> court proceedings. Again time, <strong>the</strong> large number <strong>of</strong> victims andpotential victims, and goals <strong>of</strong> <strong>the</strong> prosecutors need to be carefully assessed in order todetermine status and provisions afforded to <strong>the</strong> women involved in <strong>the</strong> raids.78