State of Washington Anti-trafficking Engagement Day
Training and Advocacy Day Monday, December 6, 2010
Information: Washington Anti-Trafficking Engagement Day Legislative Proposals and Request
I. (Top Priority) A Victim-Centered Approach to Commercial Sexual Exploitation of Children (CSEC) Police Investigation
We seek to provide an exemption to the current two-party consent privacy act for CSEC police investigation in WA State so as to further protect and prevent re-victimization of CSEC victims.
Reason for this exemption request:
When a police officer finds an alleged CSEC victim, the priority is to protect the victim. The second priority is to obtain incriminating evidence of the trafficker (her pimp), but there is only a window of about 30 minutes to accomplish this goal. The best incriminating evidence against the trafficker is to record the phone conversation or the text message between the victim and the trafficker after an alleged act of prostitution. Currently this recording is prohibited by the state’s privacy law under RCW 9.73.
Due to current limitations from the State, then, the police officer has to re-victimize the child by sending her back to the trafficker to obtain incriminating evidence, or risks letting the trafficker go to prey on another victim. Therefore, we propose an exemption similar to what the current law permits for drug trafficking under RCW 9.73.230 for CSEC investigation under RCW 9.68A.100-103.)
Benefits of this exemption
• Immediate protection to the victim.
• Provide incriminating evidence against the trafficker (sex trafficking does not have objective evidence to support a conviction like finding cocaine for drug trafficking charges, so recording a CSEC victim’s conversation with a trafficker provides evidence acceptable in a court of law.
• Provide justice to the victim.
• Prevent further victimization of other children.
• Enable implementation of a standardized victim-centered approach to CSEC investigation.
• Relief to victims because the recording minimizes the need for prosecutors to question victims multiple times even before trials.
• Increase in conviction of traffickers because recording provides hard evidence against traffickers.
Questions or potential objections to this exemption request:
• Does the exemption violate the Constitution?
No. Only 12 out of the 50 states have similar two-party consent recording requirements, and our State is one of them. In fact, federal law enforcement in our State can record such this type of evidence upon approval while a local police is completely prohibited to do so under our current law. (CA, CT, FL, IL, MD, MA, MI, MT, NV, NH, PA) http://www.rcfp.org/taping/states.html
• Is the exemption unprecedented?
No. Our Privacy Act under RCW 9.73 provides exemptions under four circumstances.
o For national security. RCW 9.73.050.
o Common carrier (telephone services) and emergency personnel exemptions. RCW 9.73.090-095.
o Drug trafficking investigation for the sole purpose of law enforcement’s safety, but it cannot be used as evidence in court. RCW 9.73.200-210.
o Drug trafficking investigation with the authorization of the jurisdiction’s chief law enforcement officer or the designee. Judicial review of the authorization is required, and the recording can be used in judicial proceedings. RCW 9.73.230.
• Will the exemption deprive us further of our liberty?
No. The exemption requires stringent review of an independent magistrate that is similar to the warrant issuing process. Besides, the benefits for trafficking victims far outweigh this concern.
• What if the victim claims to be underage or the police make a mistake that the victim is underage, but is actually over 18 when the police apply the exemption to do the recording?
o The Legislature will have to decide the standard to apply if a mistake occurs, but the standard should be similar to the reasonable belief standard used in RCW 9.68A.100-103. Police’s good faith mistake is usually not a bar to using the recording as evidence.
II. Utilizing the HT hotline poster further in WA State?
Pass a resolution that all govt agencies, especially school and public facilities are encouraged to post the Human Trafficking Hotline poster at places of employment and/or public notice boards. (The poster is a joint effort of various government entities and non-governmental organizations.)
III. Host a Work Committee with business representatives in the Labor and Commerce Committee to explore the beginning of a business coalition against trafficking here in our State.
Reason - Establishing common understanding of the benefits of a slave-free Washington State and to be a launch pad of further cooperation and agreements of a win-win strategy. For example, “fair trade” labeling is already used by Starbucks and some other companies. The meeting will discuss how implementing anti-trafficking measures in employment policies and to promote a ‘slave-free’ environment will be rewarded by consumers because of the growing awareness.
Potential groups to invite: restaurant association, massage business groups, hotel industry, farming, tavern business, Microsoft, Alaska airline, Nordstrom, etc.
IV. Add Human Trafficking into the definition of the Criminal Profiteering Act (RCW 9A.82.010)
When the human trafficking criminal statute was passed, the Legislature intended to grant human trafficking victims a private right of action to claim damage from traffickers even when the conviction is pending. (Bill Report of SB 1175 in 2003) This intent, however, was omitted in the session law of SB 1175 and is still not in the current RCW. The Legislature needs to add this back and permit retroactivity for human trafficking victims as it permits victims claim damage from traffickers. It should also be referenced in the Human Trafficking statute in RCW 9A.40.100.
Information: Legislators:
The delegation have meetings scheduled with five senators on Monday, December 6, 2010. Senator Adam Kline is extremely influential in regard to this proposed bill because he could be the bill's main opposition. He's a former ACLU attorney and sits as the chair of the Judiciary Committee, this means if he kills the bill, it won't go any further. The other senators that the delegation will meet with include Kohl-Welles (D), Stevens (R), Hargroves (D) and Delvin (R).
Information: 16 Organizations Represented
- Western Washington Coalition Against Human Trafficking
- The Genesis Project
- UW Against Slavery
- University Presbyterian Church Human Trafficking Task Force
- Seattle Against Slavery
- Soroptomist Northwest
- Shared Hope International
- New Horizons Ministries
- Ballarmine Preparatory School
- Women of Vision South Puget Sound Chapter
- International Justice Mission
- Zonta of South Sound
- Zonta of Olympia
- Seattle Prayer Against Slavery Movement
- Not For Sale Campaign
- Washington Anti-Trafficking Engagement
Dear Heavenly Father,
We come before You in the Name of Jesus and ask that you would be honored and glorified next Monday at the Capitol as this delegation arrives to advocate on behalf of the victims of human trafficking in our State. We pray that as they meet with the legislators that You would give them wisdom, boldness and peace as they present these proposals. Help them to speak clearly and articulate the essence of the proposals and requests in a way that the hearers would receive them. Open doors that only You can open and close doors that You want closed surrounding these proposals and requests. We cast down anything that sets itself up against You and your will in these proposals.
We pray that each of the senators would listen carefully to the plea of the delegates and that they would see the wisdom in making our State an unwelcome place for predators. We ask specifically for Senator Adam Kline that You would open his eyes to the severity of the problem and make him amenable to this bill. Thank You that he will not resist it, but rather that he will present it and encourage others to pass it. Thank You that the other senators will receive these proposals and request with the willingness to present them as a bill. Thank you that they will see that this is an opportunity to do right to those who have been so wronged.
Lord we pray for the victims of human trafficking in our State. We ask that You would set them free. That they would see a hotline poster and call the number given and that they would be rescued from the horrific inhumane circumstances that they are enslaved to never to return to them. That these proposals and this request would become a bill and that the bill would be passed into law to protect them and rescue them. Give them hope even now as we pray, Lord, in their darkness. Bring them your Light, Jesus. Soothe their souls with the healing balm of your love and mercy.
We ask that your Holy Spirit would hover around all of the proceedings of the day and that your will and your way would be done. In Jesus Name we pray. Amen
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