Abstract
Victims of human trafficking are often arrested, charged, and convicted of criminal offenses they committed in the course of the trafficking situation. Criminal records considerably limit their opportunities for employment, housing, medical care, immigration authorization, among other vital services and opportunities, often alienating them and casting a social stigma. This chapter discusses the existing literature on the non-criminalization principle recommended by international organizations and human rights advocates as a way to protect victims of human trafficking from prosecution for offenses they committed under duress. More specifically, the chapter examines the variability between US state laws with the focus on safe harbor, affirmative defense, and vacatur laws. The analysis aims to contribute to the literature on prosecution of human trafficking and victim assistance, shedding light on important elements of how victims can recover from the trafficking experience and transition back to normal life. In conclusion, the chapter highlights the progress achieved and challenges that remain in the US responses to human trafficking, reflecting on the evolution of services for victims of human trafficking and potential future developments in victim assistance programs.
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References
ABA (2015) Post-conviction advocacy for survivors of human trafficking: a guide for attorneys. The survivor reentry project. American Bar Association Commission on Domestic & Sexual Violence. Retrieved from https://www.americanbar.org/content/dam/aba/administrative/domestic_violence1/SRP/practice-guide.authcheckdam.pdf
ABA (n.y.) Survivor reentry project, American bar association. Retrieved from https://www.americanbar.org/groups/domestic_violence/survivor-reentry-project/
Atella, J, Schauben, L, Connel, E (2015) Safe Harbor: First Year Evaluation Report. Minnesota Department of Health. Retrieved from https://www.wilder.org/Wilder-Research/Publications/Studies/Safe%20Harbor/Safe%20Harbor%20First%20Year%20Evaluation%202015.pdf
Axam, H, Toritto Leonardo, J (2017) Human trafficking: the fundamentals. The United States Attorneys’ Bulletin 65 (6): 3–17
Blizard, I (2017) Chapter 636: catching those who fall, an Affirmative defense for human trafficking victims. The University of the Pacific Law Review 48: 631–646
Bouche, V, Farrell, A, and Wittmer, D (2016) Identifying effective counter-trafficking programs and practices in the U.S.: legislative, legal, and public opinion strategies that work. Report published by the U.S. Department of Justice. Retrieved from https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=271816
Broudo, M (2012) Vacating criminal convictions for trafficked persons: a legal memorandum for advocates and legislators. Sex Workers Project. Retrieved from http://sexworkersproject.org/downloads/2012/20120422-memo-vacating-convictions.pdf
Center for Court Innovation (n.d.) Reducing trauma. Retrieved from https://www.courtinnovation.org/areas-of-focus/reducing-trauma
CoE (2005) Council of Europe Convention on Action against Trafficking in Human Being. Retrieved from https://rm.coe.int/168008371d
Dysart, TL (2014) Child, victim, or prostitute? Justice through immunity for prostituted children. Duke Journal of Gender Law and Policy 21: 255–288
Emerson, J, Aminzadeh, A (2016) Left behind: how the absence of a federal vacatur law disadvantages survivors of human trafficking. The University of Maryland Law Journal of Race, Religion, Gender & Class 16(2): 239–257
Geist, D (2012) Finding Safe Harbor: protection, prosecution, and state strategies to address prostituted minors. Legislation and Policy Brief 4(2): 68–111
GRETA (2018) 7th General Report on GRETA’s Activities. Group of Experts on Action against Trafficking in Human Beings. Retrieved from https://rm.coe.int/greta-2018-1-7gr-en/16807af20e
Gruber, A, Cohen, AJ, and Mogulescu, K (2016) Penal welfare and the new human trafficking intervention courts. Florida Law Review 68(5): 1333–1402
IWHRC (2014) Clearing the slate: seeking effective remedies for criminalized trafficking victims. International Women’s Human Rights Clinic (IWHRC), City University of New York Law School. Retrieved from http://www.law.cuny.edu/academics/clinics/iwhr/publications/Clearing-the-Slate.pdf
Jovanovic, M (2017) The principle of non-punishment of victims of trafficking in human beings: a quest for rationale and practical guidance. Journal of Trafficking and Human Exploitation 1: 41–76
NCSL (2017) Safe harbor: state efforts to combat child trafficking. National Conference of State Legislature, April. Retrieved from http://www.ncsl.org/Portals/1/Documents/cj/SafeHarbor_v06.pdf
OHCHR (2002) Recommended principles and guidelines on human rights and human trafficking. Office of the high commissioner for human rights. May 20. Retrieved from http://www.ohchr.org/Documents/Publications/Traffickingen.pdf
OSCE (2013) Policy and legislative recommendations towards the effective implementation of the non-punishment provision with regard to victims of trafficking. Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings, Organization for Security and Co-operation in Europe, Vienna. Retrieved from https://www.osce.org/secretariat/101002?download=true
OVCTTAC (n.y.). Human trafficking courts. Office for victims of crime training and technical assistance center. Retrieved from https://www.ovcttac.gov/taskforceguide/eguide/6-the-role-of-courts/64-innovative-court-responses/human-trafficking-courts/
Schauben, L, Atella, J, Imbertson, K, Turner, L, Highum, K (2017) Safe harbor: Evaluation report. Minnesota Department of Health. https://www.leg.state.mn.us/docs/2017/mandated/171115.pdf
Schloenhardt, A, Markey-Towler, R (2016) Non-criminalisation of victims of trafficking in persons: principles, promises, and perspectives. Groningen Journal of International Law 4(1): 10–38
TVPA (2000) Victims of trafficking and violence protection act of 2000, October 28. Retrieved from https://www.state.gov/j/tip/laws/61124.htm
UNGA (2001). “Traffic in Women and Girls.” Resolution A/RES/55/67. January 31. Retrieved from https://www.iom.int/jahia/webdav/shared/shared/mainsite/policy_and_research/un/55/A_RES_55_67_en.pdf
UNTOC (2000) United Nations convention against transnational organized crime and the protocols thereto, adopted by General Assembly resolution 55/25 of 15 November 2000. Retrieved from https://www.unodc.org/documents/treaties/UNTOC/PublicatioLeavns/TOC%20Convention/TOCebook-e.pdf
UNODC (2009) Model Law against Trafficking in Persons. United Nations Office on Drugs and Crime, Vienna. Retrieved from https://www.unodc.org/documents/human-trafficking/UNODC_Model_Law_on_Trafficking_in_Persons.pdf
Working Group (2009) Report on the Meeting of the Working Group on Trafficking in Persons held in Vienna on 14 and 15 April 2009. Working Group on Trafficking in Persons, Conference of the Parties to the United Nations Convention against Transnational Organized Crime. Retrieved from http://www.unodc.org/documents/treaties/organized_crime/Final_report_English_TIP.pdf
Zornosa, F (2016) Protecting human trafficking victims from punishment and promoting their rehabilitation: the need for an affirmative defense. Washington and Lee Journal of Civil Rights and Social Justice 22(1): 177–203
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Zabyelina, Y. (2019). The Application of the Non-punishment Principle to Victims of Human Trafficking in the United States. In: Winterdyk, J., Jones, J. (eds) The Palgrave International Handbook of Human Trafficking. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-63192-9_103-1
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DOI: https://doi.org/10.1007/978-3-319-63192-9_103-1
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