Legislature(2015 - 2016)BELTZ 105 (TSBldg)
02/23/2015 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings: Violent Crimes Compensation Board and State Commission for Human Rights | |
| SB21 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SB 21 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 21-AFFIRMATIVE DEFENSE TO PROSTITUTION
VICE CHAIR COGHILL reconvened the meeting and announced the
consideration of SB 21. "An Act relating to a defense to the
crime of prostitution for victims of sex trafficking."
1:57:05 PM
SENATOR BERTA GARDNER, sponsor of SB 21, stated that the bill
takes a narrow focus on the broad problem of violence and abuse,
specifically sex trafficking and coerced prostitution. She
clarified that while it's understood that perpetrators and
victims can be either male or female, in this presentation the
perpetrators would be referred to as him or her and the victims
as she. A simple explanation of the idea is that if a person is
arrested for prostitution, she can admit she broke the law and
then give evidence to show that it was under coercion or force.
1:58:38 PM
KATIE BRUGGEMAN, Staff, Senator Berta Gardner, introduced SB 21.
She reminded the committee that an identical version of the bill
received bipartisan support last year but died in House Rules at
th
the end of the 28 Legislature. The hope is that this important
and potentially life-saving legislation will pass this year.
MS. BRUGGEMAN stated that SB 21 takes a step to address the
burgeoning increase in sex trafficking by providing an
affirmative defense in the crime of prostitution. A victim would
offer into evidence the fact that she was coerced into the sex
trafficking trade and did commit the crime of prostitution but
she did so due to coercion by the trafficker. She noted that
evidence of sex trafficking would arise in the pretrial plea
negotiation process between the prosecutor and the defense. She
provided a hypothetical scenario and opined that a reasonable
prosecutor would likely take this evidence into account and
dismiss the case for lack of the intent element of the crime.
She clarified that a victim of sex trafficking charged with
prostitution would not be forced or required to invoke this
defense. It is a legal option that would give a voice to the
many victims of sex trafficking that have been silenced by the
current legal system. Today, even if a victim of sex trafficking
were to confront their trafficker with threats of seeking help
and reporting abuse, the trafficker may say "Well, what are you
going to do, go to the cops? They're just going to arrest you
again."
MS. BRUGGEMAN concluded that SB 21 does not intend to amend the
larger sex trafficking statutes or any other area of
prostitution or solicitation crimes and it does not intend to
legalize prostitution. This legislation would merely add an
optional affirmative defense to a victim who has been sex
trafficked.
2:03:58 PM
MELISA ENGEL, Youth Pastor for five churches in the Juneau
community, testified in support of SB 21 to require courts to
accept an affirmative defense to the crime of prostitution if
the victim can present proof of sex trafficking. She described
the legislation as a common sense public policy to chip away at
the barriers that force victims of sex trafficking to remain
silent. These people need help, compassion, and services. They
should not be put through a system that re-victimizes them when
they try to speak out.
She spoke of being a person of faith who works with people in
poverty. She stressed how difficult it is to get out of the
cycle of poverty, especially if you've been charged with a
crime. She urged compassion for victims of sex trafficking and
having that compassion embodied in policies and laws. SB 21
takes a small but crucial step in that direction.
VICE CHAIR COGHILL named the people online who were available to
answer questions.
SENATOR COSTELLO asked if she'd thought about specifically
addressing minors as some other states have done. For example,
North Carolina takes [sex trafficked minors] into custody as
unsupervised juveniles. She assumed the rationale is to allow
the minor to access other services.
SENATOR GARDNER replied there are already statutes that seek to
protect children and law enforcement takes that seriously. SB 21
addresses adults.
MS. BRUGGEMAN added that a future legislature could look at
mechanisms like the safe harbor law that creates an immunity for
minors that have been arrested for prostitution; this
legislation does not have that focus.
VICE CHAIR COGHILL observed that the bill is narrowly crafted.
SENATOR MICCICHE read an excerpt from the recommendations from
the Ad Hoc NGO Working Group on Sex Trafficking in Alaska that
talked about a case that estimated that Don Webster aka Jerry
Star made $3.6 million on 13 of his 25 known victims, and the
agency considered it a conservative estimate. He also cited a
11/5/2012 Huffington Post article that talked about a sex
trafficking victim who testified that her pimp initially treated
her well, but subsequently beat her and threw her into an
underground tunnel for days. He noted the zero fiscal note and
questioned how victims like those could be expected to come
forward and feel their safety would be ensured after they
testified. He expressed support for the bill and concern about
the ability to provide victims with the tools to make their way
out of their situation.
SENATOR GARDNER said it's a valid point. She added that while
the bill addresses a real problem, she believes few will take
advantage of it, particularly without dedicating a lot of money
to provide services like job training. However, in the current
fiscal climate she would not propose a robust program of
services. Her objective is to provide this option so a victim
has the opportunity to go to the police. It's a start, she said.
SENATOR MICCICHE asked if there was any sort of education in
rural areas in particular that might help potential future
victims recognize the dangers when they leave their village or
small community.
SENATOR GARDNER advised that the Department of Education and
Early Development (DEED) doesn't require schools to teach
personal safety, but it does have a regulation that strongly
recommends that every district offer personal safety classes for
students.
VICE CHAIR COGHILL commented that this is at least one tool.
2:21:06 PM
BELLA ROBINSON, Rhode Island Chapter of COYOTE, Providence,
Rhode Island, said she was a victim of trafficking when she was
a teenager. She shared that at age 17 she was "married off" to a
41-year-old man. She noted that Rhode Island is one of the few
states that has decriminalized prostitution, and it does not
require a person to prove that they are a victim. She opined
that trafficking legislation can always be better. Laws are
passed every year, but they don't stop trafficking. She cited
statistics for services, jobs, housing, and education. She
concluded that "if we are going to reduce trafficking, we need
to stop trying to abolish prostitution."
MAXINE DOOGAN, Community United for Safety and Protection, San
Francisco, California, testified in opposition to SB 21. She
said the bill puts victims in the position of having to defend
themselves against charges of prostitution. She cited the Keyana
Marshall case to illustrate the difficulty of the current
approach. She agreed with the sponsor that few will take
advantage of the law.
TARA BURNS, Student, University of Alaska - Fairbanks,
Fairbanks, Alaska, testified in opposition to SB 21. She said
she was a sex trafficking victim as a minor in Alaska. She
currently is studying sex traffic laws as a graduate student.
She reminded the committee of the case in Nenana many years ago
where a woman in the sex trade was found not guilty of killing a
client who attacked her. She cited more recent cases and pointed
out that this bill would not protect any of the victims because
they were not "forced or induced."
She discussed her research that showed that just one-third of 42
people she surveyed who have had experience in the Alaska sex
trade met the federal definition of a sex trafficking victim.
The bill would not protect any of those people or make police
accept their reports of a crime. She provided an example where a
prostitute risked arrest for reporting a sex trafficking crime.
She noted that Alaska is called the rape capital of the country.
She said this bill divides the victims into two groups; those
who were induced and deserve protection, and those who were not
induced and risk prosecution if they come forward and report
being a victim of sex trafficking.
She suggested the bill should use the federal definition of sex
trafficking, which includes all minors in the sex trade, and the
use of force, fraud, or coercion in the recruitment, harboring,
procurement, and transportation of a person for the purpose of a
sex act. She noted the sponsor's opinion piece that says the
victim should not have to testify and offer proof that they have
been victims of sex trafficking, and she would like the bill to
actually do that. The current dual definition has led to police
harassment in Alaska. She concluded that the bill has the
potential to restore many sex trafficking victims' ability to
come forward to report that they have been the victim of a
crime, but it also has the potential to increase sex trafficking
for those who are excluded from protection, which is the
majority of sex trafficking victims in Alaska.
VICE CHAIR COGHILL asked if she sees an affirmative defense as a
trap.
MS. BURNS replied it is not a workable solution for victims of
sex trafficking. They should neither be arrested in the first
place nor coerced into becoming an informant.
VICE CHAIR COGHILL observed that they would be re-victimized.
MS. BURNS agreed and provided an example.
SENATOR MICCICHE said it seems that there are two issues;
someone charged with prostitution because they were caught in
the act, and someone who has not been charged and wishes to come
forward to report sex trafficking.
MS. BURNS thought the latter was the sponsor's intention.
MANDY O'NEAL COLE, Deputy Director, AWARE, Juneau, Alaska,
testified in support of SB 21. She pointed out that sex
trafficking has been difficult for AWARE to identify. She gave
an example of a young woman who was probably trafficked. She
described sex trafficking as built on the hopelessness of the
victims' situations and provided scenarios whereby a victim
might be trafficked. She provided solutions to stopping sex
trafficking and opined that the bill is a step in the right
direction.
MELANIE DANTE, representing herself, Philadelphia, Pennsylvania,
testified in opposition to the current wording in SB 21. She
said she is a former homeless teenager and sex trafficking
victim who attended college and did research in 2003 on sex
trafficking. She found that it is not safe, effective, or
beneficial to communicate with law enforcement about sex
trafficking. She said she opposes SB 21 because she believes
victims should be able to report a crime without being arrested.
She agreed that victims do not have the tools to help
themselves. The bill does not remedy the long-term costs and
consequences of prostitution arrests and trial, and provides
confusion between prostitution and sex trafficking. Nor does it
provide solutions as to what happens to victims after they
report, she said.
JOSHUA SPRING, representing himself, Anchorage, Alaska,
testified in support of SB 21. He said he's a paralegal who has
spent the last year-and-a-half volunteering in immigration law,
which includes refugee and asylum cases. He shared an encounter
with a victim of sex trafficking who was sold at age 9. He
stressed that surviving as a victim is hard enough without
having the law administer a second layer of shame with legal
repercussions. He believes the bill helps these victims.
KENDRA HIGGINS, representing herself, Anchorage, Alaska,
testified in support of SB 21. She described the high incidence
of sex trafficking in the Fairview region of Anchorage, and the
related problems of substance abuse and mental illness. She
maintained that the victims deserve protection and a voice
without being fearful of arrest or persecution.
TARA DEVLIN, representing herself, Anchorage, Alaska, testified
in support of SB 21. She described the situation of a neighbor
in the Fairview area of Anchorage who was induced into sex
trafficking by a boyfriend.
ROBIN SMITH, representing herself, Anchorage, Alaska, testified
in support of SB 21. She said human trafficking is a form of
modern day slavery. She shared statistics about sex trafficking
of minors in the U.S. She discussed the traumas of prostitution.
She maintained that the bill may not be perfect, but it's a step
in the right direction. She also spoke in favor of Erin's Law.
NICOLE MERRIWEATHER, Fairbanks Youth Advocates, Fairbanks,
Alaska, testified in support of SB 21. She said she works with
homeless youth. She spoke of the difficulty of proving sex
trafficking for those who are 18 years old. It is also hard to
get them out of sex trafficking at that age. She said the bill
will provide a way out of sex trafficking for younger people.
GWEN ADAMS, Priceless Ministry, ChangePoint Church, Anchorage,
Alaska, testified in opposition to SB 21. She said she leads
Priceless, a non-profit organization that supports sex
trafficking victims in Alaska. She said she was also a member of
former-Governor Parnell's Task Force Against the Crimes of Human
Trafficking. She opined that the bill would undermine the work
that has already been done to go after the perpetrators of sex
trafficking. The only way to go after perpetrators is to get
testimony from victims. Law enforcement has access to victims
through the initial arrest for the crime of prostitution.
Priceless works with victims and law enforcement. Of the 14
victims Priceless is working with, only one has been arrested
for prostitution. She spoke against the coercion aspect of the
bill. It does not protect victims, but further victimizes them
by keeping law enforcement away from their pimps.
2:57:00 PM
SENATOR MICCICHE said he didn't agree with her logic. Without
the bill, a victim has less of an avenue and less motivation to
turn in the sex trafficker. This bill allows an affirmative
defense and encourages a prostitute who may be a victim of sex
trafficking to testify against "their master."
MS. ADAMS replied victims often don't even recognize that
they're being trafficked. In order for Priceless to get access
to the victims, it requires distance from their pimp; an arrest
provides that space.
VICE CHAIR COGHILL suggested the sponsor stay in touch with Ms.
Adams.
SENATOR GARDNER described SB 21 as a baby step. Responding to
the last testimony, she clarified that the prostitutes are
arrested and they testify in their own defense. The state can't
coerce them into participating in the prosecution of their
pimps.
VICE CHAIR said he would suggest at the next hearing that law
enforcement testify first followed by the public defender.
SENATOR MICCICHE clarified that he used the term master not as
standing but in recognition that in a trafficking situation
there is a slave/master relationship.
VICE CHAIR COGHILL held SB 21 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB21 Sponsor Statement.pdf |
SJUD 2/23/2015 1:30:00 PM |
SB 21 |
| SB21 version A.pdf |
SJUD 2/23/2015 1:30:00 PM |
SB 21 |
| SB21 Shared Hope International_State by state comparison_Immunity.pdf |
SJUD 2/23/2015 1:30:00 PM |
SB 21 |
| SB21 Rsrch_Polaris Project Report.pdf |
SJUD 2/23/2015 1:30:00 PM |
SB 21 |
| SB21 Rsrch_NCSL Report.pdf |
SJUD 2/23/2015 1:30:00 PM |
SB 21 |
| SB21 Media_HuffPost Trafficking in AK.pdf |
SJUD 2/23/2015 1:30:00 PM |
SB 21 |
| SB21 Media_FBI Las Vegas Man Sentenced.pdf |
SJUD 2/23/2015 1:30:00 PM |
SB 21 |
| SB21 Media_Feds charge 4 for sex traffic kids involved _ Crime _ ADN.pdf |
SJUD 2/23/2015 1:30:00 PM |
SB 21 |
| SB21 Media_In Growing US Sex Trafficking Business.pdf |
SJUD 2/23/2015 1:30:00 PM |
SB 21 |
| SB21 Media_Community Leaders Police Tackle Sex Trafficking Problem in Alaska - KTUU.pdf |
SJUD 2/23/2015 1:30:00 PM |
SB 21 |
| Resume George Brown.pdf |
SJUD 2/23/2015 1:30:00 PM |
|
| Resume Kathryn Dodge.pdf |
SJUD 2/23/2015 1:30:00 PM |
|
| Resume Lester Lunceford.pdf |
SJUD 2/23/2015 1:30:00 PM |