April 25, 2024
In recent years, there has been significant growth in human trafficking cases in the United States. While it has proven exceptionally difficult to collect data on the number of instances of human trafficking (due to a lack of consistent definitions, among other reasons), the FBI shows an increase in the number of human trafficking cases in state courts. Cases have high potential to be human trafficking cases when victims do not have control over their own travel or finances, have limited personal items, have unpredictable work schedules or receive little pay, and do not have a stable living situation.
Sex trafficking cases, specifically, can be heard in a specialized court or docket. These courts look at a victim-defendant’s needs to deal with the criminal case and to provide resources to the victim to prohibit further exploitation. In these courts, procedures include cases identified as potential red flags for human trafficking, judges and courtroom staff follow trauma-informed procedures, and victim-defendants are connected with services for emotional and situational support and make frequent and consistent appearances in front of trained judges.
Changing Actions to Change Habits (CATCH) Court in Franklin County, Ohio is grounded in the evidence that many individuals involved in prostitution were exploited at a young age, and 92% of them want to escape. In a 2016 study, two common themes emerged among the women arrested for prostitution: many of them suffered from opioid addictions and could be diagnosed with PTSD. Judge Paul Herbert helped shift the court from viewing these women as criminals to viewing them as victims of human trafficking.
Through structured support, women who participate in CATCH receive trauma-based aid around mental health disorders and substance abuse issues. Judge Herbert notes, “The miracle of this program is taking women who have been misjudged, mislabeled, vulnerable, trapped, and setting them free and what awesome things can happen when you do that.”
New York’s Human Trafficking Courts originated because “the purchasers of commercial sex were arrested about half as often as those engaged in prostitution.” These courts have developed a unique screening tool to better identify victims and support all victims of human trafficking, regardless of their age, sexual orientation, or citizenship status. Combining practices from drug treatment courts, domestic violence courts, and mental health courts, human trafficking courts aim to provide comprehensive support and reframe those engaged in prostitution as victims instead of perpetrators.
In January, Pennsylvania hosted a webinar in honor of National Slavery and Human Trafficking Prevention Month. This session emphasized Pennsylvania’s dedication to prioritizing the safety of victims of human trafficking. If a conviction was caused by human trafficking, survivors can vacate their charges by petitioning the court.
What protocols do you have in place to identify human trafficking? Email us at Knowledge@ncsc.org or call 800-616-6164 and let us know. Follow the National Center for State Courts on Facebook, X, LinkedIn, and Vimeo. For more Trending Topics posts, visit ncsc.org/trendingtopics or subscribe to the LinkedIn newsletter.