SB 170-AFFIRMATIVE DEFENSE TO PROSTITUTION  1:58:03 PM CHAIR COGHILL announced the consideration of SB 170, "An Act relating to a defense to the crime of prostitution for victims of sex trafficking." This was the first hearing on the bill. 1:58:39 PM SENATOR BERTA GARDNER, Alaska State Legislature, Juneau, Alaska, sponsor of SB 170, directed attention to an article in the packets from KTUU. It talks about the case/story of Keyana Marshall, who at 15 started babysitting for a woman who turned out to be a madam, and was sucked into prostitution. Ms. Marshall said when she got out of the "trade" she was mistaken by law enforcement as someone who willingly engaged in prostitution and, as a result, spent time in prison. She is now a member of a group called "Sex Trafficking Alaska" whose members say, "The state's prostitution laws are punishing women who are forced into the sex trade." SENATOR GARDNER reported that Alaska Attorney General Geraghty said a change in prostitution laws is not necessarily the solution. He says, "Victims need to take a courageous first step and help them untangle the web of commercial sex trafficking. They have to agree to cooperate - we have to get their trust. They have to come forward, testify, cooperate with us in trying to get the traffickers." She advised that SB 170 gives victims a reason to trust law enforcement and gives law enforcement a tool to garner information about traffickers. 2:00:41 PM STEVE HANDY, Intern, Senator Berta Gardner, introduced SB 170, on behalf of the sponsor. He spoke to the following sponsor statement: [Original punctuation provided.] This bill directs the court system to accept an affirmative defense in the crime of prostitution, if a person can prove they were the victim of sex trafficking at the time of the prostitution charge. Currently, in Alaska, anti-sex trafficking statutes may ensnare those who have been trafficked, resulting in the arrests and prosecution of those who were, themselves, victims of sex trafficking. This creates a system of re-victimization; a prostitute forced into sex work can be subjected to arrest, prosecution and the hardships and stigmas of conviction. SB 170 will not only provide protection from the double victimization explained above but it will also help to expose the extent of sex trafficking in Alaska. According to the FBI in Anchorage, seven sex trafficking cases have resulted in 105 arrests. But these are not complete numbers. Prostitutes do not call law enforcement or other emergency services to report victimization out of fear of arrest and conviction. This set of circumstances not only denies people access to basic and necessary services; it renders sex trafficking and prostitution in the state extremely difficult to address or measure. As supporting documentation indicates, other states are recognizing the irrationality and unfairness of such a system. This bill will refine Alaska law to differentiate between a victim of sex trafficking and a person willfully committing a crime, and thus begin the process of rehabilitation of sex trafficking victims forced into prostitution. Federal and state law enforcement and public policy experts contacted in the research phase of this bill summarily welcomed SB 170 as appropriate and timely. The Alaska Department of Law has reviewed the bill and supports its intent and language. I hope you will join them, the co-sponsors, and this office in support of this important bill. 2:05:46 PM CHAIR COGHILL opened public testimony. 2:06:09 PM ROBIN RICHARDSON, Urban Justice Center, New York City, New York, summarized her history as an experienced anti-trafficking advocate and concerned Alaskan. She pointed out needed changes to the bill. She suggested expanding the language of SB 170 to create a remedy for victims at any stage of the criminal process, including post-conviction, and repairing the relationship with law enforcement by providing screening training for law enforcement that is led by survivors. She thanked the committee for helping Alaska to potentially become a leader in eradicating human trafficking. 2:11:11 PM SENATOR DYSON noted that the statute says a person is guilty of sex trafficking if they induce someone through the use force. His understanding is that getting a person addicted to heroin or some other drug has been the means of forcing the prostitution. He asked that should be included as a positive defense. MS. RICHARDSON offered her belief that trafficking in Alaska has removed the elements of force, fraud, or coercion. In Alaska, a person could be guilty of sex trafficking in the fourth degree for facilitating prostitution. CHAIR COGHILL affirmed that the statute was amended last year. He suggested that the Department of Law could review those changes for the committee. 2:13:17 PM JESSICA EMERSON, Staff, Equal Justice Works Fellow, Women's Law Center of Maryland, Towson, Maryland, stated that she's been an anti-trafficking advocate for ten years. She voiced support for the intent of SB 170 and offered recommendations to make it more comprehensive and responsive to the experiences of the victims of sex trafficking. First, the bill should be expanded to allow previous convictions to be vacated once the victim is able to come forward, because victims often are arrested multiple times before they reveal their victimization. This would serve as an incentive to report to law enforcement. Second, the affirmative defense should not be limited to prostitution offenses only, as it does not reflect the reality of the trafficker's influence and control over their victims. Traffickers routinely force or manipulate their victims into committing a range of crimes. Finally, SB 170 should expressly permit the introduction of exigent evidence by armed service providers or other advocates as evidence of a person's victimization. Evidence from a governmental organization should create a rebuttable presumption that the victim is eligible for such relief. Placing the burden on the victim ignores the reality that most sex trafficking victims are too scared, ashamed, or traumatized to report their victimization. Others are unaware that they are victims of trafficking and have been manipulated by their traffickers to believe that they are deserving of such criminalization. 2:17:10 PM PATRICK VENTGEN, representing himself, Anchorage, Alaska, said he's a mental health clinician who commends SB 170 as a good start. He agreed with the suggested changes that Robin Richardson offered. He offered his experience that sex traffickers often are people the victim already knows. The grooming techniques can be very subtle and stretch out over a number of years. By the time the sex trafficking starts, the individuals have been doing prostitution for a long time. They are victims and SB 170 is a first step to not revictimize these individuals. 2:20:05 PM MAXINE DOOGAN, Community United for Safety and Protection, San Francisco, California, offered suggestions to improve SB 170. The first is to remove the burden on victims who must qualify their status when they find themselves a defendant in a criminal proceeding. Another improvement is to ensure that sex trafficking victims' prior convictions are vacated once they decide to come forward. Finally, a provision should be added to protect the identity of sex trafficking victims or those alleged to be in prostitution to reduce the likelihood of further harassment or discrimination. LAEL MORGAN, representing herself, Anchorage, Alaska, offered to answer questions related to SB 170. She advised that she had authored books on prostitution during the Alaska-Yukon Gold Rush. 2:23:00 PM TARA RUPANI, Member, Community United for Safety and Protection, Fairbanks, Alaska, said she was a trafficking victim as a child. She advised that she made a public records request for all the charges related to sex trafficking and prostitution in 2012-2013 and learned that only alleged prostitutes have been charged with sex trafficking and the alleged victims have been arrested and charged with prostitution. The trafficking law that was passed in 2012 has only been used against vulnerable women in the sex industry and never to help them. MS. RUPANI discussed the marked differences in the language in SB 170 and the sex trafficking law, and the difficulties associated with gaining employment or stable housing with a criminal record of sex trafficking. She cited examples and suggested that all the convictions related to being a trafficking victim should be removed from CourtView. This will help these victims become productive members of society. She said the bill formalizes what appears to be current practice which is that the police generally choose not to charge victims who cooperate with their demands. However, the process of making access to services and treatment as a victim contingent on cooperating with law enforcement, which may include testifying, re-traumatizes the victim and violates their human rights. She offered her belief that Alaskans want all victims to be protected, not just those who win the approval of law enforcement. She concluded saying that Alaskans are dependent on legislators to stop the revictimization of victims. 2:30:29 PM DIANA BLINE, Director, Program Services, Covenant House Alaska, Anchorage, Alaska, reviewed the array of services that Covenant House offers homeless and at-risk youths ages 13-20. She discussed staff training and advised that over a three-month period last fall, 27 young people were identified as active victims of sex trafficking. A young victim is revictimized once they are arrested; they face legal sanctions and have a permanent record. This limits their future opportunities and makes it more difficult to leave the life of prostitution. On behalf of Covenant House, she stated strong support for the intent of SB 170. 2:32:40 PM KAYT SUNWOOD, representing herself, Fairbanks, Alaska, stated that while SB 170 is an appreciated step toward addressing sex trafficking in Alaska, some aspects should be expanded to ensure the intent is realized. First, it is essential that sex trafficking victims and potential victims' identities are protected. Law enforcement should receive proper training, there should be a safety net for cooperating survivors, and limited immunity should be provided for those who report incidents of human trafficking. 2:34:24 PM JEAN RICHEY, Ph.D., Professor, University of Alaska Fairbanks, said her primary concern is for social justice for victims of sex trafficking. That includes immunity for anyone making a report of sex trafficking and protection of the victim. She commended Senator Gardner for introducing SB 170 and expressed hope that the language would be made stronger. 2:35:35 PM DAVID POPPE, representing himself, Nenana, Alaska, advised that working as an emergency medical services (EMS) provider, he has noticed that patients are reticent to discuss their victimization with law enforcement. He suggested additional training so they don't appear so forceful in cases involving prostitution. He also expressed a desire for more plain English in the law. 2:37:39 PM KEYANA MARSHALL, representing herself, Fairbanks, Alaska, stated that she was a sex trafficking victim from age 15 and was charged as a co-conspirator as a result of being trafficked. She described the difficulties she's had getting a job because of her record, none of which she did of her own volition. She said she would like the bill to be revised and provide greater protections for victims. 2:40:42 PM CHAIR COGHILL commented on the scope of the bill and asked the sponsor if she had closing comments. SENATOR GARDNER said she recognizes that there are many more things that can be done, but the decision was to present a simple bill and perhaps get it passed this year. CHAIR COGHILL announced he would hold SB 170 in committee for further consideration.