January 11 is National Human Trafficking Awareness Day.  Tragic isn’t it, that a need for such a day exists.  Why do members of our society treat children as a commodity, to be bought and sold, traded and bartered all for the use and abuse by others? As I wrote in my prior pieces, children are our society’s most precious of all people and we, the adults of this society, have a moral obligation to protect children from danger.  All children, not just our own.

In reviewing the situation in the southeastern portion of the United States I see room for improvement, amidst heroic efforts of the passionate who are engaged, and the State Attorney General’s offices are not asleep at the switch – they are working to address the trafficking of children.  But we do need to do more.  More participation, more awareness, more options for victims and more tools for law enforcement and prosecutors. 

The poster to the left was created by Julie Taylor Shematz, founder of Beauty From Ashes™ an organization in Florida whose mission is, “To prevent, rescue and restore victims of sex trafficking,” and is used with her permission.

Below I touch the southeastern United States and the situation in the states of Florida, Alabama, Georgia.  I also have included at the end of the piece the complete text of President Obama’s proclamation naming January 2010 as a National Slavery and Human Trafficking Prevention Month.  
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Florida:  The Florida portion of the Shared Hope International’s May 2009 national report, “Domestic Minor Sex Trafficking – America’s prostituted children,” included sections on the city of Clearwater and the counties of Broward and Dade.
The state of Florida has statute which addresses the trafficking of persons, specifically children and can be found in Section 787.06 – a statute which has been in place since October 2004. The intent of the Florida legislature is:“Department of Children and Family Services and other state agencies cooperate with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight.” On February 8th, 2006, the state’s Criminal Justice Committee passed House Bill 469 with three amendments addressing Section 787.06 – I extract the pertinent portion of the amendments:  “The first amendment adds fraud or coercion to the term forced labor or services. The second amendment adds criminal penalties for knowingly benefiting financially or receiving anything of value from human trafficking. The third amendment provides that an injured person as a result of sex trafficking has a civil cause of action for threefold the amount of profit gained from the sex trafficking.”  Shared Hope International notes these are not aligned with the federal Trafficking Victims Protection Act of 2000 (TVPA) with regard to domestic minor sex trafficking.”The Florida human trafficking statute states, “victims of human trafficking are young children, teenagers, and adults,” but does not include the TVPA clarification that fraud, force, or coercion by the trafficker are not required elements of the crime when the victim of trafficking is under 18 years of age. The prostitution statutes provide an alternative by criminalizing the procurement or provision of a minor for prostitution without requiring proof that the perpetrator had knowledge of the victim’s age. The penalty is the same as that for a human enhanced penalty to first degree felony for the use of force, fraud or coercion against a minor under age 14. However, this disconnection of the child sex trafficking provisions from the human trafficking statute hinder the awareness by first responders that child prostitution is in fact human trafficking and a more serious crime than prostitution is often viewed as.“

Clearwater: Shared Hope International’s findings re the situation in Clearwater startled me and instead of paraphrasing, I provide them verbatim from their fact sheet:

• There is more prostitution taking place in private residences than other locations and it is facilitated through various forms of advertising, such as on craigslist.org.
• It is estimated that more than 400 potential victims of Domestic Minor Sex Trafficking – U.S. children exploited though commercial sex – have passed through the hands of various agencies, organizations, and officers in Florida since 2000.
• The percentage of young females involved in the juvenile justice system for delinquency has grown from 24% to 30% since the early 1990s. The number of males referred to DJJ has declined significantly in recent years, while the number of females has not.
• When brought before a juvenile court judge, prostituted minors are advised to plead “guilty” to the prostitution charge without benefit of counsel from a public defender. Encouraging victims of prostitution to plead “guilty,” even if the intention is to keep them “safe” from their pimps in a juvenile detention facility confirms that they are viewed as criminals and not entitled to justice or services.
• Treatment must address the psychological influence that intermittent positive reinforcement from pimps/traffickers has on victims of Domestic Minor Sex Trafficking.
• The psychological manipulation endured is so severe that the minor will continue to return, defend, and cover for the trafficker/pimp until the bond is broken, which would then allow the minor to view her/himself as a victim.
• In the Florida Statute on Human Trafficking there is no clear definition of sexual exploitation.
• Large numbers of Domestic Minor Sex Trafficking victims have experienced sexual abuse prior to being commercially sexually exploited by a trafficker. Stronger protocols regarding treatment for childhood sexual abuse victims are needed. 
• The large adult entertainment industry in the area increases the opportunities where a minor could be used for commercial sexual exploitation.
• The lack of appropriate and protective shelters that address the unique needs of Domestic Minor Sex Trafficking victims – U.S. children who have been commercially sexually exploited – is a key impediment to proper victim identification, access to services, and pimp/trafficker prosecutions.

Broward and Dade County:  Similarly Shared Hope International’s findings re the situation in these two counties was equally sobering.

• Children continue to be arrested for prostitution. “…children are pulled into the juvenile justice system as delinquents, placed in detention or returned to their home or foster care, but rarely provided the care and treatment specifically needed by a child victimized through commercial sexual exploitation.”
• Awareness training for first responders.  “Presented with false identification and defiant attitudes, many officers choose to leave the child on the street…”
• When identified, prostituted children are often arrested and charged with prostitution.  “…more than 400 child sex trafficking victims have had contact with first responders statewide in the past six years but were misidentified as delinquents.”
• Lack of shelters.  “For most sex trafficking victims, a runaway shelter or state-run group home is not appropriate, as they can continue to be psychologically manipulated and are at risk of returning to the control of their trafficker, who often aggressively recruits the girls back into exploitation.”
• Plead Guilty. Minors charged with prostitution sometimes are encouraged to plead guilty to the prostitution charge. A guilty plea move the judicial process forward more quickly and allows the judge to adjudicate the minor to a treatment program or other services, such as Project GOLD counseling. Miami-Dade State Attorney’s Office records show that 20% of the juveniles prosecuted for prostitution in 2008, pled guilty to the charge and an additional 13% were committed to the Department of Juvenile Justice. Encouraging victims of child sex trafficking to plead guilty, even if the intention is to keep them safe from their trafficker in a juvenile detention facility, only serves to confirm their self-perception as delinquents and may impair their access to justice and services, such as victim of crime funds and specialized therapeutic trauma counseling for the victimization. 
• Ineligible for victim of crime funding.  Domestic minor sex trafficking victims frequently are ineligible for victim of crime funding for their treatment and care.
• Gaps in how minors are processed in the detention system may be exploited by pimps/traffickers familiar with the system. Florida Statute 985.115 mandates that juveniles who are not determined by the Department of Juvenile Justice (DJJ) Risk Assessment tool a community safety or a flight risk are ordered released from custody as soon as reasonably possible. This statute allows juveniles to be released from the juvenile assessment center (JAC) to any adult without certain criminal charges appearing in a background check. This could mean that a minor arrested and/or charged with prostitution could be released within hours to the trafficker or a person who may not be their legal guardian.

To the good, there are a number of organizations in Florida which are actively addressing the situation, and not just in the Clearwater or Dade and Broward Counties.  The Florida Coalition Against Human Trafficking (FCAHT) is active and providing creative content in raising the awareness, not only in Florida, but nationwide.  Their public service announcement created which they posted in July 2009 delivers the message in a clear and concise manner. Similarly, Julie’s organization Beauty From Ashes™ provides not only victim assistance, the organization also addresses some of the issues highlighted in the findings – as they work to provide shelter, rehabilitation and job training.  In addition, multiple Anti Human Trafficking task forces exist, and the FCAHT notes they work with Lee County Human Trafficking Task Force, Collier County Anti-Human Trafficking Task Force, Broward County Human Trafficking Working Group, Broward County Refuge Task Force, and Palm Beach Refuge Task Force.  And the work of Stop Child Trafficking Now has served to raise awareness state-wide to the existence of child trafficking. In addition, the work of Human Trafficking Awareness Partnerships served as the nuclei for the creation of the Lee County Human Trafficking Task Force. 
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Alabama:   I could not find a statute which specifically addresses the trafficking of persons within the Alabama statutes.  The Polaris Project called out the lack of such statute in their February 2007 report “U.S. Policy Alert on Human Trafficking” which identified Alabama and six other states as U.S. States with no existing law or pending legislation specifically addressing human trafficking.  (If a reader knows of such legislature, please drop reference into a comment and I will adjust the prior sentences.) 

[Addendum February 24, 2010:  Alabama State Senator Wendell Mitchell of Luverne sponsored legislation to make human trafficking a crime in Alabama, punishable by up to 20 years imprisonment.  The bill passed the Alabama Senate by a vote of 29-0 and now awaits the consideration of the Alabama House of Representatives.]

I was, however, able to find reference to law which addresses the sexual exploitation of children, “Alabama’s Mandatory Child Abuse and Neglect Reporting Law.”   Within the Alabama Department of Public Safety, Bureau of Investigation Division, Criminal Investigation Support Group, exists the Alabama Center for Missing and Exploited Children. They coordinate and post the Amber Alerts, Missing Children Posters, and man a 24-hour hotline (1-800-228-7688) for reporting a missing child or providing information about a missing child.

Though studies such as those which touched on cities in other states may not have been conducted in Alabama, nor perhaps have Federal dollars found their way in the formation of task forces which require audit and reporting, one should not misinterpret such as a lack of need within Alabama.  Nor should one construe the absence of “news” which highlights child exploitation or trafficking of children as an indicator none exists.  My experience has been when one begins applying resources to an issue, the number of reported instances increases (see Lee County Florida’s Task Force – when they stood up the task force there were few instances of arrests/convictions involving human trafficking, once the task force was created, that statistic adjusted.).  From my limited research I was unable to unearth the existence within the state of any Task Forces, or other systematic efforts to track the trafficking of persons (adult or children).

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Georgia:  You don’t have to listen carefully or read esoterically to be aware Atlanta is a “destination” location within the commercial sex trade. In 2006, New York Times reporter, Bob Herbert, wrote a truly poignant op-ed piece “Young, Cold and For Sale” which called-out children as young as ten were being prostituted, in the piece, the mayor’s office noted, “Sex tourism is coming south.” And kudos to the Mayor of Atlanta for her “Dear John” campaign which was kicked off in 2006 and included these two videos.  

Or the 2008 PBS piece, “Stories from the Sex Trade,” which carries an interview with Kasey McClure, who is the Executive Director and Founder of 4Sarah, a non-profit which “provides spiritual, emotional and physical support system to women involved in the sex trade industry; offering opportunities to reach for a new beginning in life.”  Fast forward to July 2009.  This piece from WAGA in Atlanta, speaks volumes to the situation in Georgia with respect to the fact that Atlanta remains one of the nation’s top-hubs for child prostitution.  The piece also identifies the good works for two organizations.  One which provides shelter and support to child prostitution victims is Wellspring Living, their effort focused on girls:  Wellspring for Girls, in partnership with other child service organizations, cares for girls (ages 12 – 17) who have been devastated by forced prostitution. Wellspring Living offers a therapeutic and educational day program for abuse survivors. The other, A Future, Not A Past,  pointedly calls out the need for lifting up the carpet and looking at what has been swept under for so many years, “The prostitution of Georgia’s children knows no racial, economic or geographic boundaries. It’s hard to imagine that on a busy night as many as 129 girls are exploited across our state, but the time for cloaking the truth is past … Our children demand our attention.”   The program was the creation of the Juvenile Justice Fund as their focus is on the children, and their mission statement speaks volumes, “All children always matter.“

Another highlight, is the part the Attorney General of Georgia, played as one of the main proponents of crafting the agreement with Craigslist under which the online classified ad website will take action to deter and crack down on inappropriate content and illegal activity in its erotic services section.

In the legal arena, the Georgia General Assembly created the Joint Commercial Sexual Exploitation of Minors Study Commission (“the Commission”) in 2008 through the passage of Senate Resolution 445.  The purpose of the Commission was to study the problem of children engaging in prostitution and related activities in Georgia.  The study provides the following data points:

• 14.5 – average age of a child prostitute in Georgia
• 200-300 – number of girls which are commercially sexually exploited each month in Georgia
• 50-100 – number of underage girls involved in escort services
• 90% – percentage of runaways which end up engaged in the sex industry

The study notes, soberly, “On a typical weekend night, more girls, 129, are commercially sexually exploited in Georgia than the number killed in car accidents, 58, in an entire year.” The study also notes that in Georgia, the age of consent for sexual activity is 16 years of age, and that there is no minimum age for the crime of prostitution, and how many jurisdictions have taken a policy to not prosecute children for prostitution, the law continues to permit prosecution.  In 2001, Georgia passed SB 33, the “Child Sexual Commerce Prevention Act of 2001.”  The act creates harsher criminal penalties for the pimps and johns who exploit minors, and even though the age of consent is 16 in Georgia, the law sites those under the age of 18.  In 2006, Georgia passed SB 529 the “Georgia Security and Immigration Compliance Act” which contained portions which specifically address the trafficking of minors for the purposes of sexual servitude. The Georgia legislature defines sexual servitude as:
            (A) Any sexually explicit conduct as defined in paragraph (4) of subsection (a) of Code
Section 16-12-100 for which anything of value is directly or indirectly given, promised
to, or received by any person, which conduct is induced or obtained by coercion or
deception or which conduct is induced or obtained from a person under the age of 18
years; or
             (B) Any sexually explicit conduct as defined in paragraph (4) of subsection (a) of Code
Section 16-12-100 which is performed or provided by any person, which conduct is
induced or obtained by coercion or deception or which conduct is induced or obtained
from a person under the age of 18 years.
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I wish to reiterate the call-to-action by the Polaris Project’s Executive Director, Mark Logan, “The onus is on society and government to stop the trafficking of American children“ and my own observation “The skeptic says, “This can not be.” The hopeful says, “There aren’t many.“ And the activist says, “Where are they and how can I make a difference.““
With Monday, January 11 National Human Trafficking Awareness Day – Please engage your government at the local, state and national level and get involved yourself – we can use more activists.  The children need your help.

Thank you for your time.

All the best,
Christopher

If you wish to report a case of trafficking of children (or any other person) call the National Human Trafficking Resource Center at 1-888-3737-888.  This national center is maintained by the good folks at the “Polaris Project” and they advise this same number may be used “to connect with anti-trafficking services in your area;  or to request training and technical assistance, general information, or specific anti-trafficking resources.”

Links:
Polaris Project:  National Human Trafficking Resource Center
Stop Child Trafficking Now:  Mission Statement
Shared Hope International:  Clearwater Assessment (171 page pdf)
Shared Hope International:  Broward and Dade County Assessment (78 page pdf)
Beauty From Ashes:  Beauty From Ashes Web Site
Human Trafficking Awareness Partnerships (FL):  About HTAP
Florida State Legislature on Human Trafficking:   Chapter 787.06
Florida Coalition Against Human Trafficking:  FCAHT Web Site
Alabama’s Mandatory Child Abuse and Neglect Reporting Law:  Chapter 26-14
Make Way Partners:  Mission  and Vision Statement
Voices for Alabama’s Children:  Alabama Kids Count Data Book (101 page pdf)
New York Times:  Young, Cold and For Sale 
Public Broadcast System:  Stories From the Sex Trade
4Sarah:  Mission and Vision Statement
City of Atlanta:  Dear John Campaign
A Future Not a Past:  Stop the Prostitution of Georgia’s Children
Wellspring Living:  Changing Our World by Changing Theirs
Georgia Juvenile Justice Fund:  Annual Report (20 page pdf)
Georgia General Assembly:  Joint Commercial Sexual Exploitation of Minors Study (11 page pdf)
Georgia Child Sexual Commerce Prevention Act of 2001:  SB 33
Georgia Security and Immigration Compliance Act of 2006: SB 529 (14 page pdf)

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President Barak Obama’s Proclamation that January 2010 shall be National Slavery and Human Trafficking Prevention Month: