Hi! My name is Anna and I’m a 3L who is in my fourth semester working with the Center for Global Justice. For the last year and a half, I have been working on projects for Shared Hope International. These projects support Shared Hope on combating child sex trafficking in the United States and reforming state laws to better protect child victims.
The project I am working on now focuses on juvenile justice laws, and the ways that "abuse and neglect statutes" do (or do not!) protect children, especially children who have been sexually trafficked.
In my research of various state laws it has been surprising to learn that there are child protective statutes out there that in fact do not protect children. (As a side note, I do believe that the intent of the statute writers is to protect children, but legislators do not always anticipate some of the situations abused and neglected children are found in).
For example, some state statutes addressing abuse and neglect only provide for the definition of "abuse" being met, and therefore triggering the jurisdiction of Child Protective Services, when the abuse been perpetrated by a family member--or at least someone residing in the same home as the child. Accordingly, when the "abuse" occurs by other people, e.g., a trafficker, Child Protective Services is legally blocked or barred from providing services to child trafficking victims.
As we become more cognizant of situations taking place in the modern era, we must update our laws so that they continue to provide adequate support and protection for our youth. I am thankful to be assisting Shared Hope is this much needed work!
Showing posts with label Shared Hope. Show all posts
Showing posts with label Shared Hope. Show all posts
10/7/18
Seeking Justice: Presented by Shared Hope
On September 25, 2018, the Center for Global Justice welcomed Sarah Breyer and Christine Raino from one of our partner organizations, Shared Hope International. Sarah and Christine came to Regent to share their organization’s mission and legislative goals.
Shared Hope International works to prevent human trafficking through training, awareness, and collaboration and restore those who are victims of human trafficking by sharing stories of hope.
Sarah and Christine shared about the Protected Innocence Challenge, what Christine called their “core state policy project.” Christine discussed the variety of approaches the states undertake in addressing human trafficking victims and why this is such an issue. In many states and under federal law, children that are bought and sold for sex acts are classified as “victims” but still face criminal charges for prostitution. As someone sitting in the audience, it was shocking to hear that the most vulnerable among us who are truly victims of others heinous acts are now being charged for the crimes arising of their trafficking.
Sarah shared that many states charge minors for sex crimes as a means to get the minors out of their trafficker's hand. While this may be good in theory, Sarah pointed out a key flaw in this logic: if the first contact a minor has with the criminal justice system is being processed and charged for a crime committed against them it often leads to distrust of the system. Further, there are much better options, like safe homes, that the states can utilize to get victims out of their abusers’ hands without having to cause more trauma to the victim. These options empower victims to seek restoration and redefine their future.
Find out more about Shared Hope International here.
7/12/18
Interning with Shared Hope International
My name is Amanda Lopez and I am a 2L interning with Shared Hope International in Arlington, Virginia. Through my work as a student staff member with the Center for Global Justice last semester, I had the privilege of working on a Shared Hope project, which opened the door to joining the organization on-site for the summer. I am currently working as a Law Clerk in its Legal Policy Office.
During my time here so far, I have had the opportunity to visit the Capitol for a discussion on the homelessness of our nation’s youth, as well as observing various webinars discussing human trafficking, and specifically child sex trafficking. Shared Hope specifically works with states to try to implement policies protecting and advocating for child sex trafficking victims.
My main project this summer is to research federal legislation pertaining to law enforcement reporting requirements for missing and located children and how states implement this federal legislation. Shared Hope creates ‘Report Cards’ for each state to evaluate the state’s compliance with federal legislation. Reporting requirements for missing and located children makes up Shared Hope’s Report Card component 6.6.
My goal is to assist Share Hope to ensure that component 6.6 is accurate and not duplicative of the federal legislation. It has been truly eye-opening to see how many states do not follow federal legislation. Organizations like Shared Hope strive to ensure such vital legislation is being followed, especially when this legislation seeks to assist such a vulnerable community within our society.
Learn more about Amanda and make a donation to her page here >>
This post was written by a Center for Global Justice intern. The views expressed in this post do not necessarily reflect those of Regent University, Regent Law School, or the Center for Global Justice.
During my time here so far, I have had the opportunity to visit the Capitol for a discussion on the homelessness of our nation’s youth, as well as observing various webinars discussing human trafficking, and specifically child sex trafficking. Shared Hope specifically works with states to try to implement policies protecting and advocating for child sex trafficking victims.
My main project this summer is to research federal legislation pertaining to law enforcement reporting requirements for missing and located children and how states implement this federal legislation. Shared Hope creates ‘Report Cards’ for each state to evaluate the state’s compliance with federal legislation. Reporting requirements for missing and located children makes up Shared Hope’s Report Card component 6.6.
My goal is to assist Share Hope to ensure that component 6.6 is accurate and not duplicative of the federal legislation. It has been truly eye-opening to see how many states do not follow federal legislation. Organizations like Shared Hope strive to ensure such vital legislation is being followed, especially when this legislation seeks to assist such a vulnerable community within our society.
Learn more about Amanda and make a donation to her page here >>
This post was written by a Center for Global Justice intern. The views expressed in this post do not necessarily reflect those of Regent University, Regent Law School, or the Center for Global Justice.
2/6/18
Decriminalization Laws for Minors
Having more than six years of work experience in law enforcement, I can easily see both sides of this issue. I have always had a heart for trafficking victims, but on the law enforcement side of things, I can understand the need to “detain” these victims in some way in order to provide them with necessary services and shelter.
Though I am early into my research on this subject, I am astounded at the difference between federal and state laws. The federal government views such minors as victims who are eligible for specialized services, while many states treat these minors as offenders. Even in those states with safe harbor statutes, there may be a disconnect between the statute and law enforcement implementation. I am excited to do more research on this issue to see if, or how, the courts have handled this subject.
This post was written by a Center for Global Justice student staff member. The views expressed in this post do not necessarily reflect those of Regent University, Regent Law School, or the Center for Global Justice.
12/13/17
The Unique Needs of Juvenile Sex Trafficking Victims
This semester I have had the privilege to work on a project for Shared Hope researching alternative processes to the traditional juvenile justice procedures, like dependency and delinquency, that juvenile trafficking victims may be able to go through.
Before I started this project, it never occurred to me that when these juveniles are brought through the system, many times after being brought into custody by a law enforcement officer, their status as a trafficking victim is not taken into account during the proceedings. If these juveniles are not being recognized for what they are – victims – then they are not going to truly get the treatment and help they really need.
It gives me hope when states have recognized the need to care for trafficking victims differently and treat their specific needs. However, only certain states actually offer specialized services specifically for trafficking victims.
It would be a major step, and extremely beneficial, for each state to offer specialized services for victims because of the unique trauma that trafficking victims have faced.
The more states that recognize the unique needs that juvenile sex trafficking victims have, the better it will be for those victims that end up going through the juvenile justice system as a consequence of their victimization.
This post was written by a Center for Global Justice student staff member. The views expressed in this post do not necessarily reflect those of Regent University, Regent Law School, or the Center for Global Justice.
12/12/17
Alumni Profile: Sarah Breyer
Many of Regent Law's 3,300+ alumni have worked or are presently working to bring justice to the oppressed and promote the rule of law around the world. We hope you enjoy reading the following alumni profiles, which represent just a small portion of our many alumni literally changing the world.
Sarah Breyer
JD Class of 2015
LL.M. Class of 2016
Sarah joined Shared Hope International’s policy team in 2016. Shared Hope “strives to prevent the conditions that foster sex trafficking, restore victims of sex slavery, and bring justice to vulnerable women and children.”
While serving on the Center for Global Justice’s student staff, Sarah had the opportunity to assist Shared Hope with the Protected Innocence Challenge, the nation’s only comprehensive survey of state child sex trafficking laws. Though Sarah always had a passion for helping vulnerable women and children, it was this work that inspired Sarah to obtain her LL.M. in human rights law and to join the fight to end child sex trafficking.
Her experiences at the Center for Global Justice ultimately led to a full-time position with Shared Hope. As policy counsel, Sarah now leads the Protected Innocence Challenge project—updating advocacy materials to reflect the latest legislative advancements and compiling national state law surveys. She further aids her team’s advocacy efforts by tracking legislation introduced in all 50 states and DC that relates to the commercial sexual exploitation of children.
Each November, every state receives a grade based on a thorough statutory analysis of existing law. Since its launch, the Protected Innocence Challenge has seen the national grade average rise from 59.1% in 2011 to 82% in 2017. For Sarah, this 23 point jump is just the beginning. “There’s still a great deal of work to be done, but I’m excited to be a part of this national change going forward.”
Read more alumni profiles >
Sarah BreyerJD Class of 2015
LL.M. Class of 2016
Sarah joined Shared Hope International’s policy team in 2016. Shared Hope “strives to prevent the conditions that foster sex trafficking, restore victims of sex slavery, and bring justice to vulnerable women and children.”
While serving on the Center for Global Justice’s student staff, Sarah had the opportunity to assist Shared Hope with the Protected Innocence Challenge, the nation’s only comprehensive survey of state child sex trafficking laws. Though Sarah always had a passion for helping vulnerable women and children, it was this work that inspired Sarah to obtain her LL.M. in human rights law and to join the fight to end child sex trafficking.
Her experiences at the Center for Global Justice ultimately led to a full-time position with Shared Hope. As policy counsel, Sarah now leads the Protected Innocence Challenge project—updating advocacy materials to reflect the latest legislative advancements and compiling national state law surveys. She further aids her team’s advocacy efforts by tracking legislation introduced in all 50 states and DC that relates to the commercial sexual exploitation of children.
Each November, every state receives a grade based on a thorough statutory analysis of existing law. Since its launch, the Protected Innocence Challenge has seen the national grade average rise from 59.1% in 2011 to 82% in 2017. For Sarah, this 23 point jump is just the beginning. “There’s still a great deal of work to be done, but I’m excited to be a part of this national change going forward.”
Read more alumni profiles >
11/13/17
Teen Court
My name is Anna Colby and I am a 2L serving on the student staff for the Center for Global Justice, Human Rights, & the Rule of Law (CGJ).
This semester I began working on the Shared Hope project researching dependency, delinquency, and alternate processes (see Courtney Knox’s blog post). I was very surprised to learn about an area of our juvenile judicial system that is rarely talked about- Teen Court.
In Teen Court (also called youth or peer court), first-time offending juveniles who have committed low-level crimes or status offenses can admit guilt and choose to be adjudicated by a jury of their peers (other teens), complete with a teen judge, for a sentence. The youth advocate defender, as well as the community advocate, are both teens as well. Although this system is not very well known, it has had great success in preventing minors from re-offending.
Minors who go through the Teen Court process don’t face the same kinds of consequences as in a regular juvenile court. The goal of Teen Court is to deal with the root issue of why an offender took the actions he or she did, not just to hand down a sentence.
Finding out about this alternate form of adjudication has been refreshing and enlightening to me, and has given me hope for the juvenile justice system.
If you’d like to read more about teen courts, please check out the following articles:
Katie J.M. Baker, Welcome to Teen Court, Buzzfeed News (2015).
Lynne Marie Kohm and Alison R. Haefner, Empowering Love and Respect for Child Offenders Through Therapeutic Jurisprudence: The Teen Courts Example, Sociology and Anthropology 4(4): 212-221 (2016).
This post was written by a Center for Global Justice student staff member. The views expressed in this post do not necessarily reflect those of Regent University, Regent Law School, or the Center for Global Justice.
9/29/17
Student Staff Update from Courtney Knox
I am spending this semester helping Shared Hope International, one of our partner organizations, with the Protected Innocence Challenge. This is the second time I have had the privilege to work on this project. I love that it continues to challenge me and open my eyes to the many issues that child sex trafficking victims face every day. There is much work to be done in this field and I am honored to be even a small part in the fight against the atrocity that is human trafficking.
The specific issue we are tasked with this semester is identifying each states alternative processes to dependency and delinquency laws. Many states have what are called child-in-need-of-supervision (CHINS) laws, or something similar to CHINS. Our focus is on reviewing those laws and identifying the process and procedures associated with them. Our goal is to determine the consequences of going through the CHINS (or CHINS-like) process in order for Shared Hope to determine whether it will be a good thing for child sex trafficking victims to go through rather than a delinquency or dependency proceeding.
So far most states we have reviewed do have an alternate process, whether it is explicitly CHINS or just CHINS-like. It is very encouraging to know that there may be better avenues for trafficking victims to go through rather than traditional juvenile proceedings that might not always promote the best interests or needs of a child sex trafficking victim. I love this project because if we do identify that CHINS will best serve child sex trafficking victims, Shared Hope can then advocate on behalf of them and encourage states to move sex trafficking victims through this process. That encourages me to always work diligently and enthusiastically, trusting in the Lord to know that He will continue to bless our work and use it to serve the Shared Hope team and the trafficking victims they fight for every day.
This post was written by a Center for Global Justice student staff member. The views expressed in this post do not necessarily reflect those of Regent University, Regent Law School, or the Center for Global Justice.
4/26/17
CGJ Student Staff Update: Shannon Fields
This semester I had the privilege to work on a project for Shared Hope. My team and I researched statutes that could be used to prosecute facilitators of human trafficking and victim offenders/bottom girls. Shared Hope uses our research and analysis to determine whether a state’s statutes specifically target the individuals they were written to convict or if the state’s statutes are too broad. Shared Hope then gives each state legislature a grade to indicate how well their statutes are targeting their intended recipient. Then, ideally, the state legislatures will make the necessary changes to more narrowly target the individuals responsible for trafficking offenses. It is tedious work, but it is a privilege to have the opportunity to influence state trafficking statutes across the country. Nothing in law school has been more rewarding than the work I have done for the Center for Global Justice.
This post was written by a Center for Global Justice student staff member. The views expressed in this post do not necessarily reflect those of Regent University, Regent Law School, or the Center for Global Justice.
3/7/17
Student Staff Update: Lorri Ann Drazan
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| This blog post was written by 1L Lorri Ann Drazan |
This semester I have had the privilege to join the Center for Global Justice student staff as a first-year law student. Over the last few months, I have been working on a research project for Shared Hope International. Shared Hope is an organization that is dedicated to ending sex trafficking with a focus on prevention, restoration, and justice. My research has involved analyzing statutes in all 50 states to determine the possible repercussions on victim-offenders of statutes aimed at facilitators. Victim-offenders may perform similar acts like those of sex trafficking facilitators; however, victim-offenders often have no choice due to the amount of control the trafficker has over them. So far I have completely analyzed the statutes in three states and have begun analysis on six more states. Shared Hope will use our statutory analysis in implementing recommendations to state legislators to improve state laws regarding facilitators and victim-offenders.
My work on this project has specifically piqued my interest in human trafficking. In fact, I will be interning with an organization in Israel over the summer where I will have the opportunity to work on human trafficking issues. During my interview, my internship employer was impressed with the fact that I have had exposure to researching these issues as a first-year law student. I am grateful for the opportunity to work on real legal research as a law student that I can then transfer into my summer work experience. The Center for Global Justice student staff is a great way to succeed in (what I like to call) the “backpack to briefcase” transition.
This post was written by a Center for Global Justice student staff member. The views expressed in this post do not necessarily reflect those of Regent University, Regent Law School, or the Center for Global Justice.
This post was written by a Center for Global Justice student staff member. The views expressed in this post do not necessarily reflect those of Regent University, Regent Law School, or the Center for Global Justice.
3/6/17
CGJ Student Staff Blog Post: Courtney Knox
As a first-year law student, and new member of the student staff, it has been a wonderful opportunity getting to work with the Center for Global Justice. To witness not only the great legal work being done but the selflessness and dedication my peers bring to each and every project in order to help the poor and the oppressed is truly humbling. The first year of law school is scary and overwhelming to say the least. But working with the Center has been the best experience, and many times, is a reminder of why I came to law school in the first place. Joining the Center this semester has provided me a unique opportunity to take what I’m learning in the classroom and work on a legal project that is aimed at helping those who are victims of sex trafficking.
Specifically, I have been working on a project for Shared Hope International analyzing the laws of the 50 states in order to determine how they may apply to victim-offenders. A victim-offender is one who is a trafficking victim herself, but has been forced to take actions that resemble that of a trafficker. Many times, because a victim-offender can look just like a trafficker, they are being unduly prosecuted and are not being protected under the law. With the states I am assigned, my job is to analyze their statutes and determine whether they include certain language that would allow a victim-offender to be prosecuted under it. Further, if it is determined that they can be prosecuted under such a statute, I have to determine whether it would also require them to (a) register as a sex offender or (b) have their parental rights terminated. With this information, Shared Hope will be able to identify which states need better laws to protect trafficking victims and can push for better legislation that will actually protect victim-offenders.
Victims of sex trafficking should never be criminalized for committing actions they were forced to do. I’m so excited to be a part of working to change laws so that they protect, rather than criminalize, victims of sex trafficking.
This post was written by a Center for Global Justice student staff member. The views expressed in this post do not necessarily reflect those of Regent University, Regent Law School, or the Center for Global Justice.
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| 1L Courtney Knox |
Victims of sex trafficking should never be criminalized for committing actions they were forced to do. I’m so excited to be a part of working to change laws so that they protect, rather than criminalize, victims of sex trafficking.
This post was written by a Center for Global Justice student staff member. The views expressed in this post do not necessarily reflect those of Regent University, Regent Law School, or the Center for Global Justice.
11/29/16
Announcing the 2016 PIC Report Cards
Every semester the Center for Global Justice supports Shared Hope with the Protected Innocence Challenge (PIC). The PIC is a 50-state survey designed to improve the laws of all 50 states as they relate to the sex trafficking of children. This semester, the Center is analyzing whether each state has vacatur laws that allow minor sex trafficking victims to have any convictions that resulted or related to their trafficking vacated rather than merely expunged. Below is a blog post from a student staff member working on this project. After Chelsea's post is an announcement from Shared Hope about this year's PIC report card grades.
I am working on a project for Shared Hope for this semester. The project is focused on searching through the statutes of each state to find a vacatur law that essentially allows human trafficking victims to clear their records of a delinquent adjudication or conviction that is related to their being trafficked. This type of statute is important because the victims are able to have a fresh start and need not worry about a conviction following them for the rest of their lives.
Unfortunately, through the research that the student staff team has gathered so far, there does not appear to be many vacatur laws in place to help human trafficking victims. Most of the vacatur laws that we are finding only allow a victim to vacate the conviction for certain acts related to trafficking, such as prostitution. Unfortunately, this type of vacatur law turns a blind eye to the other offenses that human trafficking victims are often charged with under domestic law. More states need to provide vacatur laws that are all-inclusive in regards to the types of acts acceptable for vacation. It is unfair that these individuals are punished for crimes that they committed as a result of being victims to all forms of abuse. I think that these laws can only help the victims and I hope that more legislators will begin to understand the importance of adopting this type of vacatur law.
Announcing the
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| Chelsea Mack |
I am working on a project for Shared Hope for this semester. The project is focused on searching through the statutes of each state to find a vacatur law that essentially allows human trafficking victims to clear their records of a delinquent adjudication or conviction that is related to their being trafficked. This type of statute is important because the victims are able to have a fresh start and need not worry about a conviction following them for the rest of their lives.
Unfortunately, through the research that the student staff team has gathered so far, there does not appear to be many vacatur laws in place to help human trafficking victims. Most of the vacatur laws that we are finding only allow a victim to vacate the conviction for certain acts related to trafficking, such as prostitution. Unfortunately, this type of vacatur law turns a blind eye to the other offenses that human trafficking victims are often charged with under domestic law. More states need to provide vacatur laws that are all-inclusive in regards to the types of acts acceptable for vacation. It is unfair that these individuals are punished for crimes that they committed as a result of being victims to all forms of abuse. I think that these laws can only help the victims and I hope that more legislators will begin to understand the importance of adopting this type of vacatur law.
This post was written by a Center for Global Justice student staff member. The views expressed in this post do not necessarily reflect those of Regent University, Regent Law School, or the Center for Global Justice.
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Announcing the
2016 Protected Innocence Challenge
Report Card Grades
Shared Hope's Protected Innocence Challenge is the nation's only comprehensive study of state laws on sex trafficking, providing 51 Report Cards which grade each state and DC on 6 areas of law. What is your state's grade? Find out here!
Last week, at the National Foundation of Women Legislators annual conference, Shared Hope hosted a press conference to release the 2016 Report Card Grades. You can watch the press conference here.
This Year's Report
Last week, at the National Foundation of Women Legislators annual conference, Shared Hope hosted a press conference to release the 2016 Report Card Grades. You can watch the press conference here.
This Year's Report
Every state now has a law covering child sex trafficking according to the annual Protected Innocence Challenge State Report Card released by Shared Hope.
“But kids can still be prosecuted as criminals in 31 states because law has not kept up with reality – the reality is that these children are victims of sex trafficking and cannot be criminals at the same time for the same thing,” said SHI founder Linda Smith, at a press conference in Orlando, FL where the National Foundation for Women Legislators is meeting.
SHI started the annual report card—known as the Protected Innocence Challenge—six years ago, in 2011, when 26 states got Fs and 15 had Ds. This year 30 states have As and Bs.
While she commended legislators and activists for the progress they have made, “We must stop criminalizing kids for crimes committed against them!” declared Smith. “Domestic minors are #twicecondemned: first by sex buyers and the voracious commercial sex trade, then by the juvenile justice system.”
“Only when buying sex becomes very costly—meaning steep fines and jail time—will we be able to prevent this crime from happening in the first place,” Linda observed. Shared Hope research shows that a very small percentage of buyers are arrested and even fewer do time.
“Only when buying sex becomes very costly—meaning steep fines and jail time—will we be able to prevent this crime from happening in the first place,” Linda observed. Shared Hope research shows that a very small percentage of buyers are arrested and even fewer do time.
11/18/16
Giving Survivors of Sex Trafficking the Life They Deserve
The following post was written by CGJ student staff member Shannon Fields.
For the past several weeks, I have had the privilege of providing legal research for Shared Hope International, which is an organization that fights sex trafficking across the country. My job has been to research state statutes to determine whether each state has a statute that vacates a minor's conviction if it was the result of being a victim of sex trafficking.
Or, the next best scenario would be if the state has a general statute that allows one's conviction to be vacated if the individual was a victim of sex trafficking. If neither of these scenarios exist, then Shared Hope will push for such a statute to be enacted within that state.
Victims of sex trafficking are being convicted of crimes that they were forced to do. No victim of sex trafficking should have to endure the trauma of being trafficked and then be treated as a criminal for it. These statutes provide victims a way to remove the "offender" label placed on them to give them the opportunity to live a life of their choosing. I'm thankful for the opportunity to be part of changing the law to give victims of sex trafficking the life they deserve.
For the past several weeks, I have had the privilege of providing legal research for Shared Hope International, which is an organization that fights sex trafficking across the country. My job has been to research state statutes to determine whether each state has a statute that vacates a minor's conviction if it was the result of being a victim of sex trafficking.
Or, the next best scenario would be if the state has a general statute that allows one's conviction to be vacated if the individual was a victim of sex trafficking. If neither of these scenarios exist, then Shared Hope will push for such a statute to be enacted within that state.
Victims of sex trafficking are being convicted of crimes that they were forced to do. No victim of sex trafficking should have to endure the trauma of being trafficked and then be treated as a criminal for it. These statutes provide victims a way to remove the "offender" label placed on them to give them the opportunity to live a life of their choosing. I'm thankful for the opportunity to be part of changing the law to give victims of sex trafficking the life they deserve.
This post was written by a Center for Global Justice student staff member. The views expressed in this post do not necessarily reflect those of Regent University, Regent Law School, or the Center for Global Justice.
10/12/16
Student Staff Projects for Fall 2016
To provide Regent Law students with practical experience in the legal protection of human rights, students volunteer with the center each semester for a minimum of 5 hours/week. Here is an overview of the projects that our student staff members are working on this semester:
IJM Uganda: International Justice Mission Uganda fights land grabbing, a terrible problem that affects thousands of widows and orphans in Uganda. In order to aid IJM's work, the Center is expanding a legal memo it drafted last semester on the legal doctrine of res judicata. The Center's memo will help IJM decide the best legal strategy to bring civil suits on behalf of widows whose land was stolen.
Kyampisi Childcare Ministries: KCM is a nonprofit organization in Uganda that fights child sacrifice. In order to aid KCM in its work of monitoring child sacrifice cases, as well as aid prosecutors, the Center is putting together a legal manual that outlines the steps involved in a child sacrifice case, applicable charges for the defendant, and various legal issues that will have to be addressed to have a successful prosecution.
Handong: The Center works in partnership with Handong International Law School to advance the rule of law and expand religious freedom in Mongolia. This semester, the Center is drafting a legal memorandum relating to the implementation of homeschooling in Mongolia.
Shared Hope: Every semester the Center supports Shared Hope with the Protected Innocence Challenge (PIC). The PIC is a 50-state survey designed to improve the laws of all 50 states as they relate to the sex trafficking of children. This semester, the Center is analyzing whether each state has vacatur laws that allow minor sex trafficking victims to have any convictions that resulted or related to their trafficking vacated rather than merely expunged. When a sentence is vacated, it is completely erased from all existence, as opposed to expungement, which normally just seals the records of the conviction. Vacation of a sentence thus offers greater protection to the victim.
Turkey Project: This semester the Center is planning on writing a short book that discusses the legal framework regarding secularism and religious freedom in Turkey. Turkey is a very strategic country, situated between the west and the east, mostly Muslim but constitutionally secular, etc. Recent events in Turkey, however, have the potential to upset this balance and make Turkey another Islamic state. The booklet is thus intended to explain Turkey's constitutional commitment to secularism and guarantee of the Free Exercise of Religion and (2) the illegality of many of the government's recent actions, including the ongoing state support of mosques. We intend to use the booklet as a means to educate those in Turkey about what Turkish law actually says and requires.
African Commission on Human and Peoples' Rights: The African Commission on Human and Peoples' Rights (ACHPR) is the body responsible for overseeing and implementing the major human rights treaty for Africa. The Center for Global Justice is currently praying about whether to become a certified non-profit organization (NGO) before the ACHPR, which hosts two sessions every year in order to address the status of human rights in the continent. Center Executive Director, Professor Jeffrey Brauch, will be attending the next session, which is to be held in The Gambia in October. We are drafting a legal memo on the ACPHR to help us identify if and how we can be involved and to better understand the major human rights issues that need to be addressed from a biblical perspective.
ADF International: As always, the Center is partnering with ADF International to monitor all cases before the European Court of Human Rights to ensure that we identify all cases on which ADF should intervene.
Jerusalem Institute of Justice: This semester the Center is continuing a project from last semester for JIJ on the Palestinian refugees. One of the primary points of disagreement between Israel and Palestine is what to do with the Palestinian refugees. Palestine claims all refugees have a "right to return" to Israel. Israel claims that no such right exists. We are analyzing the legal situation of the refugees, specifically looking at whether a future (or existing?) state of Palestine has an obligation under International Law to grant citizenship to the refugees.
IJM Uganda: International Justice Mission Uganda fights land grabbing, a terrible problem that affects thousands of widows and orphans in Uganda. In order to aid IJM's work, the Center is expanding a legal memo it drafted last semester on the legal doctrine of res judicata. The Center's memo will help IJM decide the best legal strategy to bring civil suits on behalf of widows whose land was stolen.
Kyampisi Childcare Ministries: KCM is a nonprofit organization in Uganda that fights child sacrifice. In order to aid KCM in its work of monitoring child sacrifice cases, as well as aid prosecutors, the Center is putting together a legal manual that outlines the steps involved in a child sacrifice case, applicable charges for the defendant, and various legal issues that will have to be addressed to have a successful prosecution.
Handong: The Center works in partnership with Handong International Law School to advance the rule of law and expand religious freedom in Mongolia. This semester, the Center is drafting a legal memorandum relating to the implementation of homeschooling in Mongolia.
Shared Hope: Every semester the Center supports Shared Hope with the Protected Innocence Challenge (PIC). The PIC is a 50-state survey designed to improve the laws of all 50 states as they relate to the sex trafficking of children. This semester, the Center is analyzing whether each state has vacatur laws that allow minor sex trafficking victims to have any convictions that resulted or related to their trafficking vacated rather than merely expunged. When a sentence is vacated, it is completely erased from all existence, as opposed to expungement, which normally just seals the records of the conviction. Vacation of a sentence thus offers greater protection to the victim.
Turkey Project: This semester the Center is planning on writing a short book that discusses the legal framework regarding secularism and religious freedom in Turkey. Turkey is a very strategic country, situated between the west and the east, mostly Muslim but constitutionally secular, etc. Recent events in Turkey, however, have the potential to upset this balance and make Turkey another Islamic state. The booklet is thus intended to explain Turkey's constitutional commitment to secularism and guarantee of the Free Exercise of Religion and (2) the illegality of many of the government's recent actions, including the ongoing state support of mosques. We intend to use the booklet as a means to educate those in Turkey about what Turkish law actually says and requires.
African Commission on Human and Peoples' Rights: The African Commission on Human and Peoples' Rights (ACHPR) is the body responsible for overseeing and implementing the major human rights treaty for Africa. The Center for Global Justice is currently praying about whether to become a certified non-profit organization (NGO) before the ACHPR, which hosts two sessions every year in order to address the status of human rights in the continent. Center Executive Director, Professor Jeffrey Brauch, will be attending the next session, which is to be held in The Gambia in October. We are drafting a legal memo on the ACPHR to help us identify if and how we can be involved and to better understand the major human rights issues that need to be addressed from a biblical perspective.
ADF International: As always, the Center is partnering with ADF International to monitor all cases before the European Court of Human Rights to ensure that we identify all cases on which ADF should intervene.
Jerusalem Institute of Justice: This semester the Center is continuing a project from last semester for JIJ on the Palestinian refugees. One of the primary points of disagreement between Israel and Palestine is what to do with the Palestinian refugees. Palestine claims all refugees have a "right to return" to Israel. Israel claims that no such right exists. We are analyzing the legal situation of the refugees, specifically looking at whether a future (or existing?) state of Palestine has an obligation under International Law to grant citizenship to the refugees.
5/11/16
Strengthening Sex Trafficking Legislation
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| Chelsea Mack, '17 |
My project this semester was
assisting Shared Hope International with analyzing the efficacy of certain
statutes relating to child sex trafficking.
This project was quite the
task. Those of us on the team learned very quickly that we no longer
understood the meaning of words because every time we thought a word meant
something, then we would look at another statute in a different state and
discover that the statute implicated a different definition.
Reviewing
multiple statutes in fifty-one jurisdictions (including Washington D.C.)
provided a broad perspective of legislation in the United States. I was
surprised that certain states that hold larger populations possessed statutes
containing weaker, or simply broader, language regarding child sex trafficking
than other states with smaller populations.
This project definitely
pushed me to a new level of legal analysis than I expected at the beginning of
the project.
I hope and pray that Shared Hope will be able to utilize our
summaries to communicate with legislators around the country to amend existing
statutes and pass new ones to effectively criminalize and prosecute more
individuals who offer to buy sex with minors.
Chelsea Mack, '17
CGJ Student Staff Member
This post was written by a Center for Global Justice student staff member. The views expressed in this post do not necessarily reflect those of Regent University, Regent Law School, or the Center for Global Justice.
2/22/16
The Protected Innocence Challenge
by Chelsea Mack
This semester I am working on a project involving U.S. statutory law—a huge change from my project last semester that involved researching African laws. My team project is being done on behalf of Shared Hope International, and specifically, the Protected Innocence Challenge, which is a tool for advocates to use to help change the laws for the state to better protect minor sex trafficking victims.
We are analyzing statutes that the Shared Hope identified in its state report cards that relate to prosecuting buyers of commercial sex acts. Our narrow focus is to analyze whether the plain language of the statutes allows for the conviction of the buyers if they make only a mere offer or solicitation to buy sex with minors, rather than fully carrying out the agreement. During my research, I am identifying which states have effective statutes for this issue while also identifying which states need to amend their statutes to make them useful to prosecutors.
This project is eye-opening for me because I am learning how easy it is for a buyer of sex with a minor to slip through the cracks during prosecution of human trafficking. Indeed, the buyers should be held criminally responsible for their actions since they are participating in the trafficking scheme and are the driving force behind sex trafficking. It seems that it would be intuitive to convict the buyers since they are trying to have sex with a child. However, this is often not the case in some of the states. The lack of convictions on this issue demonstrates how important the language of laws is in targeting the specific types of perpetrators for which the law is designed. Words carry great weight, and now I am realizing that the weight can be a matter of imprisonment or freedom for both the perpetrators and the victims.
We are analyzing statutes that the Shared Hope identified in its state report cards that relate to prosecuting buyers of commercial sex acts. Our narrow focus is to analyze whether the plain language of the statutes allows for the conviction of the buyers if they make only a mere offer or solicitation to buy sex with minors, rather than fully carrying out the agreement. During my research, I am identifying which states have effective statutes for this issue while also identifying which states need to amend their statutes to make them useful to prosecutors.
This project is eye-opening for me because I am learning how easy it is for a buyer of sex with a minor to slip through the cracks during prosecution of human trafficking. Indeed, the buyers should be held criminally responsible for their actions since they are participating in the trafficking scheme and are the driving force behind sex trafficking. It seems that it would be intuitive to convict the buyers since they are trying to have sex with a child. However, this is often not the case in some of the states. The lack of convictions on this issue demonstrates how important the language of laws is in targeting the specific types of perpetrators for which the law is designed. Words carry great weight, and now I am realizing that the weight can be a matter of imprisonment or freedom for both the perpetrators and the victims.
11/12/15
Shared Hope International Bottom Girl Project Update by Jessica Rigsbee
The project that I have been working on this semester
personifies that goal. My team and I have been working on a project for Shared
Hope International, which primarily works to prevent and raise awareness of
human trafficking. Shared Hope wanted a memo on the topic of “bottom girls” and
how they are treated in human trafficking litigation. “Bottom girls” are the
lead prostitutes for pimps who are often in charge of the other prostitutes,
handling the money, scheduling meet-ups, etc. Due to their active role in
prostitution and the trafficking of minors with the pimps, they are frequently
charged with trafficking and sentenced the same as the pimps they work for. The
issue we have been examining is what happens when the bottom girl is a victim
of trafficking herself, and is therefore coerced by the pimp to engage in
trafficking? Do courts consider her a victim, or punish her the same as the
trafficker?
The cases we have been researching vary, but it is clear
that the violence bottom girls often experience needs to be considered more in
trafficking cases. With the memo that my team and I are creating, Shared Hope
will be a better position to promote awareness and advocate for bottom girls in
litigation.
11/2/15
Partner Organization Highlight: Shared Hope International
Shared Hope International
is a Christian non-profit organization dedicated to combatting sex trafficking
in the U.S. and around the globe through a three-pronged approach: preventing
the conditions that foster sex trafficking, restoring victims of sex slavery,
and bringing justice to vulnerable women and children.
The Center for Global Justice, Human Rights, and the Rule of
Law Student Staff works with Shared Hope International by completing research
projects, drafting reports, and assisting with the Protected Innocence
Challenge (PIC), a comprehensive study of existing state laws relating to sex
trafficking that is designed to inspire and equip advocates. Assisting
Shared Hope furthers the Center’s goal of advancing legal strategies and
policies to end sexual exploitation and trafficking across the globe.
In early 2015, Ernie Walton, Administrative Director of the
Center, advocated with Shared Hope and the Virginia Kids Are Not For Sale
Collation at the Virginia Senate to pass Virginia’s first ever sex trafficking
law; while meeting with various members of the Virginia General Assembly, the
Coalition and Shared Hope distributed some of the exact materials that the
student staff had updated the previous year.
10/28/15
Student Staff Project Update by Carter Budwell
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| Carter Working in the Center Suite |
As I
mentioned in my previous blog post, I am working on a project for Shared Hope
International
For this post, I want to focus on
a different, but crucial aspect of fighting injustice – mercy. Specifically,
mercy for those who perpetrate injustice – in this case, pimps.
First, let me clarify: I am not
speaking about simply forgetting about what they have done, nor am I in any way
saying that they should not be punished for their actions. Through my research,
I have read of pimps doing horrific things to others that merit considerable
punishment, and I believe justice is served when they are punished. What I am
talking about here is our heart attitudes toward these people.
As Christians, many of us
undoubtedly experience God’s broken heart over victims of injustice. But do we
realize that His heart is broken over the perpetrators of injustice as well? We
must remember that these men and women who do such terrible things are still
people who are loved by God, and for whom Christ died. I am convinced that we
will not be truly effective in fighting injustice until we can look at the
perpetrators of injustice with the same love and compassion as we do the
victims.
I am reminded of the story of
John Newton, a man who worked as the captain of a slave ship yet had his heart
changed by the Lord and became the author of the hymn, “Amazing Grace,” and
inspired people like William Wilberforce, the great abolitionist. We must never
forget the redeeming power of God to change a man’s heart. Newton himself said,
“I am a great sinner and Christ is a great Savior.” As I write this, I wonder
how many John Newton’s are currently working as pimps? Dare we believe in God’s
ability to change their hearts and use them to build His kingdom?
In closing, I want to encourage
those reading this to join me in prayer for those who perpetrate injustice.
They too are in bondage, like all of us, to sin, and are in need of the mercy
and love of our Savior, who came “to seek and save those who are lost.” – Luke
19:10.
10/26/15
Student Staff Update: Trayce Hockstad
Currently, Shared Hope is attempting to aid the passage of a Hawaii statute that would facilitate the prosecution of criminal defendants charged with commercial sexual exploitation of children. However, opponents to the proposed statute argue that there are constitutional risks to defendants, primarily in the context of double jeopardy violations, that would cause the statute to merge with other existing criminal codes and thus would be irrelevant.
This fall, I've been researching the rather convoluted legal principle of merger, sometimes called the “lesser included offense doctrine.” The tradition of merging two criminal defenses together when one is necessarily included in the other has been around since early common law practice in England. However, states have interpreted and applied this concept in a variety of ways, creating inconsistent treatment in American jurisdiction.
Our goal is to provide Shared Hope with research on Hawaii's treatment of the doctrine of merger so that the next time the statute is presented and the objection raised, the proponents of the bill will be better equipped to explain that the merger doctrine does not bar the statute from being passed or create a risk of impinging the constitutional rights of defendants. Instead, the proposed statute will be another step in the right direction of ending commercial sexual exploitation of children.
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