Washington State
passed in Washington state legislature and was signed into law on April 1! Thanks to your voice, SB 6476 has made Washington State a leader in the fight against child sex trafficking!
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The bill provides for a ten-fold increase in penalties for buyers and traffickers to bringing the sentences more in line with the severity of the crime of commercial sex abuse of a minor. It also raises the fines for buyers and traffickers, including the vehicle impoundment fine, and funnels these fines into a special account which will pay for the crisis shelter for the child victim and for programs geared toward prostitution prevention and intervention for all ages.
The bill also requires mandatory diversion out of prosecution in the case of a first identification and arrest of a prostituted child which allows an opportunity for the child to be housed in a secure or semi-secure crisis residential center which must have staff who are experienced in dealing with sexually exploited children.
SB 6476 accomplishes several of Shared Hope International’s policy priorities:
1. Provide Access to Specialized Services and Shelter. The bill requires mandatory diversion for a first prostitution-related “offense,” irrespective of any criminal history. This process routes a child sex trafficking victim from the court to intervention services. Further offenses may be diverted if the county has a comprehensive program for child victims of sex trafficking (i.e. King County). The Department of Social and Health Services is required to connect children referred to them through the diversion process to services for children who have been sexually assaulted.
Beginning July 1, 2011 the “Child in Need of Services” petition may be used by DSHS to temporarily detain a sexually exploited child in a secure or semi-secure crisis residential center (CRC) for up to 15 days, without criminal charges having been filed. Each CRC facility must have a staff person experienced working with child sexual exploitation victims as a condition of licensing. Importantly, the bill helps fund the specialized staffing and services through a priority use of the fines collected from buyers and pimps which are to be deposited into the Prostitution Prevention and Intervention Account.
2. Close the Gap in Crime Victims’ Compensation Eligibility. The bill makes explicit that a person identified as a minor in an offense regarding the Commercial Sexual Abuse of a Minor (CSAM) is considered a victim for the purpose of receiving benefits under the Victim Compensation Benefits Program, even if the minor is also charged with prostitution. This is an important step in closing the loophole that makes many victims of domestic minor sex trafficking ineligible for crime victims compensation which can pay for the treatment they desperately need after their traumatic exploitation.
3. Increase Penalties for Buyers. “Johns” now face a sentence of 21 - 144 months in jail instead of 1 – 68 months, and are subject to a new fine of $5,000 which will be deposited into the Prostitution Prevention and Intervention Account.
4. Increase Penalties for Traffickers. Traffickers (pimps) now face 93 - 318 months in jail instead of 21 - 144 months; and fines are increased from $550 to $5,000 which will be deposited into the Prostitution Prevention and Intervention Account.
5. Increase the Risks for Buyers and Traffickers. The bill requires the impounding of vehicles used to commit commercial sex abuse of a minor if owned or rented by the defendant and raises the fee to release the car to $2,500 which will be deposited into the Prostitution Prevention and Intervention Account.
6. No Age Defense Allowed for Buyer or Trafficker. The bill adds the crime of buying sex with a minor to the crimes that do not allow a defense that the defendant did not know the alleged victim's age. The defendant can assert that a reasonable attempt was made to determine the true age of the victim by checking a driver's license, marriage license, birth certificate, or other identification card or paper and did not rely solely on the minor’s stated or apparent age.
7. Training is Critical. Law enforcement is required to develop a model policy on procedures relating to a victim of domestic minor sex trafficking by December 1, 2010 and training on the model policy must be developed by January 1, 2011.
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