N.C. sets national example by protecting young sex trafficking victims

by Megan Annitto, Charlotte Observer, September 6, 2013.

N.C. legislators have generated a fair share of controversy for the recent passage of legislation on a variety of topics, most notably for increased voter registration requirements. But few have taken notice of an important piece of legislation addressing sex trafficking of minors and adults which passed with little fanfare and, yet, is a law that can be celebrated on both sides of the aisle.

North Carolina’s Safe Harbor bill, signed into law this summer, makes North Carolina one of only a handful of states to ensure that no minors will be prosecuted for their own sexual exploitation. States have passed an assortment of laws over recent years to increase penalties for those who traffic and to try to assist victims. But few states have passed legislation adequately addressing the plight of domestic minors who are sold for sex as North Carolina has. And even when states do pass laws, many do not go far enough; they still allow for prosecution of minors for prostitution under a variety of circumstances. This is despite the fact that a minor is a victim of statutory rape whether or not a person pays to have sex with her.

Although discussion about trafficked youth has become prevalent in mainstream media and other venues, minors who are born in the U.S. are often not recognized as victims and, as a result, they can be – and often are – prosecuted for prostitution. Only about a dozen states have succeeded in passing so called “safe harbor” legislation addressing their needs. And in many instances, even where safe harbor legislation has passed, protection is curtailed in significant ways and the child can still be prosecuted.

In 2013, federal legislation, the American Bar Association, and the Uniform Law Commission specifically called on states to abandon the practice. Still, legislation aimed at immunizing minors from prosecution for prostitution remains difficult for states to pass: In 2013, such bills failed in Georgia, Nevada, California, and Texas, to name a few. But North Carolina, with unanimous support, passed a strong law.

Now let’s take the next step

Awareness of trafficking and the need to address demand to purchase sex with minors has become more sophisticated in the past year or two but progress remains slow. The N.C. legislation is particularly significant because it protects all minors under the age of 18 from prosecution even though North Carolina is one of two states where all juveniles over the age of 15 are prosecuted as adults.

The passage of North Carolina’s bill is promising evidence of the shift that is occurring across the country, slowly but surely. It is one area that all North Carolinians can uniformly support.

Now that the state has proven itself to be a leader is recognizing the vulnerable status of trafficked youth, the challenge remains to build strong services for these and all children who find themselves on the street due to circumstances beyond their control. Hopefully, other states will consider Safe Harbor legislation, following on the path started in New York five years ago and now continuing through North Carolina.