Jehlen Supports Bill to Fight Human Trafficking

The Senate on Thursday unanimously passed legislation that cracks down on human trafficking in Massachusetts with strong criminal penalties for forced labor and sexual servitude, Senator Patricia Jehlen announced. The bill also establishes important protections for victims of human trafficking.

“This vital legislation refocuses law enforcement on those that traffic in human beings,” said Sen. Jehlen. “For too long a young woman coerced into a life of prostitution was treated like the criminal when she was actually the victim. This bill provides support for the young women forced into a form of sexual slavery while making the elimination of the heinous crime of human trafficking a law enforcement priority.”

“Today’s vote is another major step toward ending the exploitation of victims for sexual servitude and labor in our Commonwealth,” Attorney General Martha Coakley said. The Senate bill includes criminal sentences of up to five years in prison for attempted trafficking, up to 20 years for trafficking adults, and up to life imprisonment for the trafficking of minors. Businesses involved in trafficking would face up to a $1 million fine for the first offense. The legislation also removes any statute of limitations for trafficking crimes, creates a 15-year criminal penalty for trafficking human organs, and updates sex offender registration laws to include human trafficking.

In an effort to further protect and help victims, the legislation takes several steps including the creation of a “Victims of Human Trafficking Trust Fund” which will be funded from fines and convicted human traffickers’ forfeited assets. The fund provides restitution and funding for victim services and related work done by law enforcement. Additionally, items used in the commission of the crime (buildings, cars, boats, etc.) are subject to asset forfeiture. Half of the proceeds go to the Victims’ Fund. The other half is split between the police and either the Attorney General or the district attorney prosecuting the case.

The House of Representatives recently passed similar legislation. The two bills will now be sent to a conference committee to draft a compromise bill.

The legislation also:

• Establishes an Anti-Human Trafficking Task Force, comprised of state officials, law enforcement, victims’ services organizations and trafficking victims to investigate and study rates of human trafficking, prevention, and the treatment of victims;

• Increases the penalty for soliciting a prostitute, and increases the penalty for soliciting sex from a person under 18;

• Allows defendants who are victims of human trafficking and charged with prostitution to establish a defense of duress or coercion;

• Establishes a “safe harbor provision” that allows the commonwealth, defendant or court to request a hearing for a child arrested for prostitution to instead receive protection services;

• Requires the Department of Children and Families (DCF) to provide services to sexually exploited children and to immediately report to the district attorneys and the police any child the department believes to be a sexually exploited child;

• Amends the mandated reporting law so that mandated reporters, such as doctors, social workers, teachers and probation officers, must report to DCF when they have reasonable cause to believe that a child is sexually exploited;

• Establishes a process for victims of trafficking to bring civil actions; and

• Increases potential sentences for “Johns” to 2 ½ years in a house of correction and creates a mandatory $1,000 fine.

– Information from State Senator Pat Jehlen (D-Somerville, Medford)