January 13, 2011
Because of the importance of this day, we are again praying for the State of Washington Anti-Trafficking Engagement Day this month. In preparation for that day, there is a training in Olympia on Sunday, January 9, 2011. On the 13th a luncheon at the United Church directly across the street from the Capitol from noon-1:00 p.m. will be presented by the South Puget Sound Chapter with Bradley Myles of Polaris Project in Washington D.C. as the speaker to grassroots leaders of organizations committed to anti-human trafficking.
Information: Presidential Proclamation--National Slavery and Human Trafficking Prevention Month
On December 22, 2010, President Obama proclaimed January as National Slavery and Human Trafficking Prevention Month and stated in part, "We cannot strengthen global efforts to end modern slavery without first accepting the responsibility to prevent, identify, and aggressively combat this crime at home. No country can claim immunity from the scourge of human rights abuses, or from the responsibility to confront them. As evidence of our dedication to a universal struggle against this heinous practice, the Department of State's "Trafficking in Persons Report 2010" included America in its rankings for the first time, measuring our efforts by the same standards to which we hold other nations. Looking ahead, we must continue to aggressively investigate and prosecute human trafficking cases within our own borders.
Although the United States has made great strides in preventing the occurrence of modern slavery, prosecuting traffickers and dismantling their criminal networks, and protecting victims and survivors, our work is not done. We stand with those throughout the world who are working every day to end modern slavery, bring traffickers to justice, and empower survivors to reclaim their rightful freedom. This month, I urge all Americans to educate themselves about all forms of modern slavery and the signs and consequences of human trafficking. Together, we can combat this crime within our borders and join with our partners around the world to end this injustice.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim January 2011 as National Slavery and Human Trafficking Prevention Month, culminating in the annual celebration of National Freedom Day on February 1. I call upon the people of the United States to recognize the vital role we can play in ending modern slavery and to observe this month with appropriate programs and activities."
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: 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
Prayer:
Dear Heavenly Father,
We come before you in the Name of Jesus with grateful hearts for what You are doing in America on behalf of the victims of human trafficking and ask that the proclamation of the President would move on the hearts of our local legislators in the State of Washington to respond to our Anti-Human Trafficking Engagement Day proposals and requests. Lord, please prompt these legislators and convict them to move quickly and surely on behalf of human trafficking victims.
We lift the January 9, 2011 training day before You and ask that all materials would be readied, that a suitable venue would be available and that you would send many workers to this advocacy training day. We ask that the word would go out and inspire and motivate people to respond by attending the Engagement Day in Olympia on the 13th and thereafter to advocate for human trafficking victims in our State. Give Deana Berg and Rose Gunderson wisdom as they prepare the materials for this training and bless them for their efforts.
We ask that the Engagement Day would bring about amazing results that show Your Hand has been extended to give favor to our pleas on behalf of the trafficked victims. We ask for the funding, for the man power and for the power of Your Holy Spirit to be released to bring freedom to victims of human trafficking in Washington. Thank you for unity among the many organizations participating in this movement. We ask that you would give luncheon speaker Bradley Myles of Polaris Project in Washington D.C. the perfect information to draw the legislators into accepting our future bill. Give him the words to inspire passion for HT victims as he speaks during the open sessions. Bless him and Attorney General, Rob McKenna as they plan, travel and present on this significant day.
Our hearts are broken by the heinous practice of human trafficking and we praise You that You give us a way to act and a means to advocate to bring about change in our State against this evil through this movement. Use us Lord to be a "unified voice that speaks up for victims and speaks out against perpetrators" . We will give you all the glory and all the praise for what You will do. In Jesus' Name we pray. Amen.
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