Ending The Criminalization of Children

The criminalization of child sex trafficking victims continues to be an issue throughout this country. Far too often, the judicial system penalizes exploited children, without consideration given to the horrific abuse they endured. Traffickers leave their victims hopeless and engulfed in fear; escaping this vicious reality seems impossible for some. For that reason, children should not be criminalized for crimes committed that occurred as a result of their victimization. Our legal system’s inability to view kids as victims in these circumstances prevents it from being able to adequately serve vulnerable youth.

To better protect these children, we need to pass laws that ensure child sex trafficking victims are not prosecuted - often known as Safe Harbor Laws. There are a troubling number of states that still allow children to be arrested and charged for “prostitution.” The continued use of this language to describe the commercial sex of children is incredibly harmful and underscores an underlying issue with this nation’s criminal justice system -- its egregious failure to protect children.

As advocates have been saying for decades, children cannot consent to exploitation, and children are often forced to commit crimes while under the control of their traffickers or turn to criminal behavior out of fear for their lives.

In recognition of this devastating reality, state legislatures have begun to address minimum sentencing standards and vacatur laws. For example, Virginia's HB 744 allows judges to depart from minimum sentencing standards in cases where a juvenile is tried as an adult and convicted of a felony and requires courts to assess adverse childhood experiences (ACEs), early childhood trauma, and instances with child welfare agencies.

Often, the long-term implications of convictions make it increasingly difficult for survivors to access urgent services they may require. It is imperative that state legislatures pass laws across the country that allow convictions that occurred because of a survivor’s trafficking to be dismissed. We must protect children, not punish them. ECPAT-USA will continue to highlight the voices of survivors and ensure meaningful and supportive approaches are at the forefront of policy discussions.