Two Steps Forward, One Step Back: The Legal Response to Sex Trafficking

Author: Worsley, Melanie; Rowe, Brenda & Houston, Kate

Abstract: In 2012, voters in California overwhelmingly supported the Californians Against Sexual Exploitation Act (CASE Act) which was designed to both fight human trafficking and protect the victims. Part of the protection for victims included the adoption of a safe harbor provision which prohibits evidence that victims committed a crime while being trafficked from being used against them in court. This study conducted a systematic survey of California appellate court decisions discussing the safe harbor provision. Relevant themes were identified and analyzed, including issues that victims face when seeking safe harbor protection and legal challenges raised by traffickers facing prosecution. Based on the results of this survey, safe harbor provisions continue to be a promising approach for protecting victims of sex trafficking that policymakers should continue to explore. Safe harbor provisions, however, have noteworthy limitations and highlight the importance of not relying so heavily on criminal prosecution to combat sex trafficking. Instead, jurisdictions are recommended to adopt comprehensive strategies that place more emphasis on prevention and protection.

Keywords: sex trafficking, safe harbor laws, criminal statutes, criminal prosecution, sex trafficking victims