5 How the Juvenile Justice System, the Judiciary, and the Criminal Justice System Can Help
As discussed in Section 3, minors who are victims of commercial sexual exploitation and sex trafficking may instead be treated—inappropriately—as delinquents or criminals. Thus, the juvenile justice system, the judiciary, and the criminal justice system all have roles to play in responding to these crimes.
Given the fundamental differences between youth and adults, the approach to violations of the law by juveniles historically has been to treat and rehabilitate the youth while ensuring public safety [9]. Although juvenile court judges have considerable discretion and authority over the outcome of juvenile cases, the preferences and actions of police, attorneys, court staff, and probation staff all can influence whether and how youth proceed through the system. The discretion and preferences of each of these actors are often driven by their role or their function within the legal system. For example, judges and probation staff may be considering the rehabilitation role of the system, whereas police and prosecutors may be aligned around public safety responsibilities. In addition, decisions by each of these actors are influenced not just by the nature of an offense committed by a juvenile, but also by the youth’s personal characteristics [9].
When youth are prostituted, the juvenile justice system typically approaches them in one of three ways, depending on state law: (1) prostitution of a juvenile is recognized as harm against children, so a youth should never enter the juvenile justice system on a prostitution charge; (2) juvenile prosti-
BOX 8
Los Angeles County Probation Department: An Example of a Juvenile Justice Response to Sex Trafficking
In 2011, the Los Angeles County Probation Department received grant funding from the State of California to enhance the services provided to domestic sex trafficking victims and to collaborate with several other county agencies to address the county’s trafficking problem. California has not enacted a safe harbor law, so the juvenile justice system has jurisdiction over sex trafficking victims. In 2010, 174 girls under age 18 and 2,351 women between the ages of 18 and 24 were arrested for prostitution [39]. Although most juvenile suspects are not detained upon arrest, girls arrested for prostitution spent, on average, 25 days in custody between arrest and adjudication [36]. County officials were concerned about these statistics, as well as the disproportionate representation of minorities and the involvement of multiple systems (e.g., child welfare and juvenile justice) among the juveniles arrested for prostitution [39, 40].
The grant funding allowed the Probation Department to hire two full-time staff who coordinate the department’s activities, which include training, a pilot program within the district attorney’s office, a domestic minor sex trafficking subcommittee of the Los Angeles County Inter-Agency Council on Child Abuse and Neglect, development of a protocol with the Departments of Mental Health and Health Services, and collaboration with the Department of Child and Family Services [41]. The Probation Department provided training on sex trafficking of youth to at least 1,000 county staff, including 3 deputy probation officers who provide full-time supervision, court support, assessment, and aftercare to victims of sex trafficking and at least 350 other department staff [39, 41]. The department also is working to prevent trafficking within the county by offering a 10-week My Life, My Choice curriculum in four communities and a 5-week workshop within the detention center [39].
FOR MORE INFORMATION:
tution on is deemed a status offense, so the juvenile justice system will work to obtain services and avoid detention for a youth; or (3) juvenile prostitution is a crime, so a youth will enter the juvenile delinquency system. As of this writing, one state, Illinois, had adopted the first approach. Other states, with “safe harbor” laws (see Section 1), had adopted the second approach; in these states, if a youth does not cooperate with services, a juvenile delinquency case can be reopened. Most other states had adopted the third approach, treating commercially sexually exploited and trafficked youth as delinquents so they enter the traditional juvenile justice system. Some of these states and localities within them have diversion programs so that, as in states adopting the second
approach, youth identified as victims of trafficking can receive treatment as part of their rehabilitation or in lieu of punishment, but must cooperate with these services or the juvenile delinquency case will proceed or be reopened.
Finally, the juvenile justice system has opportunities to identify victims of trafficking who are in the system on charges unrelated to prostitution through intake screenings, runaway and homeless programs, and programming in juvenile detention centers [39, 42, 43, 44]. See Box 8 for an example of a juvenile justice response to sex trafficking.
“Although many states continue to criminalize juvenile prostitution, judges have considerable discretion over how they approach these cases.”
The judiciary can promote an appropriate response to commercial sexual exploitation and sex trafficking of minors in two ways: by recognizing and treating juveniles involved in trafficking or prostitution as victims rather than delinquents or criminals, and by providing adequate sentences for traffickers and purchasers of sex. Although many states continue to criminalize juvenile prostitution, judges have considerable discretion over how they approach these cases. Boxes 9-11 describe three examples of courts that treat youth
BOX 9
Midtown Community Court Services to Access Resources and Safety (STARS) Program
The Midtown Community Court in New York City has jurisdiction over all prostitution offenses in Manhattan for children and adults aged 16 and over. The STARS program was developed to address the physical, sexual, and emotional trauma experienced by defendants with a history of abuse and trafficking. Through this program, case managers at the court screen each client for a history of trafficking and trauma. If the case manager identifies such a history, the client is referred to on-site services, including a multisession counseling group that covers such topics as staying safe on the street, trauma regulation, and healthy relationships. Girls aged 16 to 19 are often referred for services to Girls Educational and Mentoring Services (GEMS) (http://www.gems-girls.org) and other off-site service providers [11]. Successful completion of the STARS program serves as an alternative to adjudication or detention.
FOR MORE INFORMATION:
http://www.courtinnovation.org/project/midtown-community-court
BOX 10
Queens County Prostitution Diversion Court
The Queens County Prostitution Diversion Court began in 2004 when Judge Fernando Camacho noticed that many defendants in his court had a history of trauma, and some did not appear to be engaging in prostitution voluntarily [45]. He partnered with GEMS (see Box 9) to provide services to girls under age 21 and with the Mount Sinai Sexual Assault and Violence Intervention Program for women over age 21 [11, 14], among other organizations. When the court identifies girls and women as victims of abuse or trafficking, it diverts them to services at one of its partner organizations instead of placing them in detention or confinement.
FOR MORE INFORMATION:
http://www.courtinnovation.org/research/prostitution-diversion-programs
BOX 11
Los Angeles County Succeed Through Achievement and Resilience (STAR) Court
In 2011, the Los Angeles County Juvenile Court received funding for the STAR Court, a collaborative court designed to provide enhanced supervision of youth arrested for prostitution and collaborate with the Probation Department to improve services to those youth. Instead of engaging youth arrested for prostitution in an adversarial court process, the STAR Court works with the district attorney and defense counsel to defer prosecution while youth are engaged in treatment. The court meets weekly with the youth and their service providers (including the district attorney, defense counsel, physical and mental health care providers, and victim service providers) to monitor and facilitate progress. The court plans to work with the school district to address educational needs and help youth approaching age 18 find transitional housing [36]. After successful completion of a treatment program, the court dismisses prostitution charges. Importantly, the court’s grant includes funding for evaluation.
charged with prostitution as crime victims in need of services. These programs have not been formally evaluated, so the IOM/NRC report does not endorse them; nonetheless, they appear to be a positive development worthy of evaluation and further exploration.
Federal legislation appears to have provided the criminal justice system with means of dealing more harshly with those convicted of commercial sexual exploitation and sex trafficking of minors, including increased prison sentences. One study found that the average sentence for these crimes was 53 months in 1999, before the Victims of Trafficking and Violence Prevention Act was passed, and 80 months in 2005, after the 2013 Trafficking Victims Protection Reauthorization Act was passed [34].
Looking at deterrence rather than punishment, another study found that men who purchased sex viewed the following as deterrents:
- being embarrassed in front of their families,
- being embarrassed in front of their work colleagues,
- being fined, and
- having their property (e.g., automobile) confiscated [46].
Still another study found that individuals who purchase sex are most deterred if:
- they are required to register as sex offenders,
- their photo/name is made public, and
- they are incarcerated [47].
Additional research is needed to understand effective deterrents for different types of exploiters. For example, one recent study suggests that individuals who habitually buy sex are less likely to be deterred by legal sanctions than those who purchase sex infrequently [48].
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