How Does Your State Stack Up?

Thanks to the Renewal Forum in Washington, D.C., for issuing today “An Examination Of State Laws On Human Trafficking.”

The report analyzes not only the laws of the 36 states that have enacted laws against human trafficking; it also analyzes the U.S. Department of Justice’s model anti-trafficking law for states—and gives it a grade of “D.” The state law receiving the highest grade was Illinois, with a B-. Six states that have anti-trafficking laws received a grade of “F” or “F+,” among them my home state of South Carolina. North Carolina, where many of my friends in the Carolina Clapham Circle live, received a “C.”

The folks at the Renewal Forum seem to know what they are talking about. The organization’s president, Steven Wagner, was director of the Human Trafficking Program at the U.S. Department of Health and Human Services from 2003-2006. He started the “Rescue and Restore Victims of Human Trafficking” campaign that I’ve spoken highly about on this blog. Senior Fellows Margaret MacDonnell and Rodger Hunter-Hall, and Legal Fellow Ian Kitterman, have impressive backgrounds, too.

So it appears that we may have something practical to work on, namely lobbying our state leaders to strengthen these laws. I urge you to read the report at the link above and even to download the report for future reference.

Here are the summaries the report gives for North and South Carolina:

NORTH CAROLINA
• North Carolina has made it illegal to engage in trafficking and has also enacted an enhanced penalty if you traffic in minors but it does not make it a crime to benefit from a trafficking victim.
• North Carolina should enact an affirmative defense for trafficking victims for crimes committed under the direction of their captors. It should also establish training policies for law enforcement as well as require support for victim certification. Finally, North Carolina should establish a fund for trafficking victims to provide restorative services, which could be funded by the forfeiture of any property gained from the act of trafficking.
• North Carolina recently passed a statute that provides trafficking victims services under their crime victims rights scheme. North Carolina should now require court ordered restitution and restoration for victims of trafficking from their traffickers. In addition, North Carolina should give victims of trafficking a private right of action against their captors.
• North Carolina should establish a taskforce to study human trafficking in the state and recommend the best policies to abolish human trafficking from the state.


SOUTH CAROLINA
• South Carolina has taken a step in the right direction by passing a statute that criminalizes trafficking in persons but it falls short by not protecting victims of sex trafficking. In addition, the law does not criminalize benefiting from a victim of trafficking or provide enhanced penalties for trafficking in minors.
• South Carolina should enact an affirmative defense for trafficking victims for crimes committed under the direction of their captors. It should also establish training policies for law enforcement as well as require support for victim certification. Finally, South Carolina should establish a fund for trafficking victims to provide restorative services, which could be funded by the forfeiture of any property gained from the act of trafficking.
• South Carolina has not taken any steps to provide for the victims of trafficking after they are found. It should require court ordered restitution and restoration for trafficking victims from their traffickers. In addition, it should give victims of trafficking a private right of action against their captors. Finally, South Carolina should explicitly provide victims access to their normal crime victims services.
• South Carolina should establish a taskforce to study human trafficking in the state and recommend the best policies to abolish human trafficking from the state.