NYATN Statement on 2015 Trafficking Victims Protection and Justice Act: Calling on the NYS Senate to Pass Additional Anti-Trafficking Legislation
The NY Anti-Trafficking Network (NYATN) is the first network of anti-trafficking service providers, policy advocates, and activists in New York State. NYATN has provided direct legal and social services to several thousand survivors of human trafficking since 2002. NYATN is dedicated to ending human trafficking and to providing qualified and appropriate services that give survivors the help they want and need in reclaiming their lives.
NYATN roots our advocacy work in basic human rights principles. We are dedicated to a nuanced approach to anti-trafficking efforts that reduces reliance on the criminal justice system and instead values economic opportunity, immigration policy change, and gender equality. We stand firm in promoting dignity, self-determination, and opportunity for people of all genders and experiences.
Trafficking Victims Protection and Justice Act (A.506/S.007)
NYATN welcomes efforts to improve New York’s current anti-trafficking law—already one of the strongest and most comprehensive in the country—particularly those efforts aimed at meeting the needs of trafficking survivors. We are extremely pleased that the Trafficking Victims Protection and Justice Act (TVPJA) includes a private right of action for survivors of trafficking to seek compensation and economic justice, as well as an affirmative defense for people trafficked into prostitution. We appreciate that the TVPJA streamlines access to services for survivors.
While passage of the TVPJA is an important step forward in providing for the needs of trafficking survivors, its primary focus appears to be on enhanced criminal penalties that neither prevent trafficking, nor protect victims and survivors of trafficking. In fact, some of these provisions—such as the increase in penalties for crimes involving vehicles—actually harm victims of trafficking, as it is often a driver who facilitates escape from a trafficking situation. The provisions focused on prostitution in a school zone do not address trafficking at all. In addition, the provisions adding new offenses to the sex offender registry are not designed to identify traffickers or survivors of trafficking, and they do not prevent trafficking. In fact, they cause greater harm to young people and others at risk of being trafficked. Finally, the TVPJA does not equalize treatment of trafficking into all labor sectors.
NYATN is concerned and disappointed these unnecessary and potentially harmful provisions on criminal offenses have been included in the final TVPJA. We continue to call for responses to trafficking in persons rooted in human rights and dignity for all people at risk of being trafficked.
We applaud Assemblyman Joseph Lentol for recognizing several service-related elements were missing from the TVPJA and addressing this in a separate bill, A.2953. The Assembly has wisely passed the Lentol bill, and we now call on the Senate to take action this coming session. We ask for immediate action on this important additional component of New York’s anti-trafficking response and urge both houses to also pass the End Criminalization of Condoms Act, which would protect those most vulnerable to trafficking into prostitution. NYATN understands that enactment of the TVPJA does not signify that we have met all of New York’s anti-trafficking legislative priorities and recognizes there is more that can be accomplished toward this goal. We look forward to working with the Assembly and Senate to continue to improve New York State’s response to this crucial human rights issue.
HOMELESS & STREET-INVOLVED YOUTH:INTERSECTIONS WITH HUMAN TRAFFICKING
Tuesday, October 27, 2015, 6:00-8:00pm
New York City Bar Association
Join an expert panel of service providers, policy advocates, and researchers to learn more about homeless and street-involved youth in New York City. There will be a rich discussion of issues that these youth face, including experiencing or being at risk for human trafficking, exploitation, survival sex, interacting with the criminal justice system and issues particular to LGBT or immigrant youth. Panelists will also draw from the research presented in the recently-released report by the “Urban Institute, Locked In: Interactions with the Criminal Justice and Child Welfare Systems for LGBTQ Youth, YMSM, and YWSW Who Engage in Survival Sex”. Policy recommendations will be explored as well as areas where attorneys and other service providers working with vulnerable youth can be more effective in using a rights-based approach.
Speakers: Laura Berger Staff Attorney at the Immigrant Women & Children Project at the City Bar Justice Center
Brendan Conner Staff Attorney at Streetwise & Safe
Kate D’Adamo National Policy Advocate, Sex Workers’ Project
Meredith Dank Senior Research Associate, The Urban Institute
Moderated By: Suzanne Tomatore Director of the Immigrant Women & Children Project at the City Bar Justice Center
This discussion is free; however, space is limited. Please RSVP by October 23, 2015.
Co-sponsored by: Sex & Law Committee, LGBT Rights Committee, Council on Children, LGBT Bar Association of Greater New York (LeGaL) and the New York Anti-Trafficking Network
NYC Bar Association, 42 West 44th Street, New York, NY 10036 http://www.nycbar.org