The federal government of the United States first began combating the commercial sexual exploitation of children (CSEC) in 2000, with the passing of the Trafficking Victims Protection Act. In 2013, an IOL/NRC report called for a shift in the perspective toward victims and survivors of child sex trafficking, recognizing that the sexual exploitation of minors is a form of child abuse.
Since then, many states have worked to establish safe harbor laws, which ensure that minor survivors do not face criminal charges and are cared for after victimization. The primary goals of safe harbor legislation include the following:
While these efforts may seem like a natural response to a survivor of child sex trafficking, most states still do not have adequate protection in place for these children.
In reality:
This distinct lack of protection and support in the United States for minor survivors leads to children being re-traumatized in far too many cases. Many of the current state laws rely on approaches to survivors that, while not directly punishing a survivor for their participation in the trafficking, can still seem like punishment. In some states that do not recognize child prostitutes as victims of sex trafficking, children can be fully excluded from protection from criminal charges and from restorative care services.
Unprotected survivors of child sex trafficking can be arrested, detained, charged, and prosecuted for crimes related to trafficking, without regard for their own trauma and experiences. By adopting safe harbor laws, states can ensure that these courageous survivors are treated with dignity, shielded from criminal charges, and provided with the support and care they deserve to pursue healing and restoration.
For more information about safe harbor laws, visit these resources:
Shared Hope International Institute for Justice & Advocacy - Safe Harbor Laws
Minnesota Department of Health - Safe Harbor Laws
IOL/NRC National Report of Commercial Sexual Exploitation of Minors
To see your state’s response to safe harbor laws, visit Shared Hope International's Report Cards on Child & Youth Sex Trafficking.