Achieving Equal Opportunity and Justice: Commercially Sexually Exploited Children in California
- Orion Brutoco
- Mar 8, 2017
- 14 min read
Achieving Equal Opportunity and Justice
To promote “Equal Opportunity and Justice,” one must examine the concept of social stigma. According to the American Academy of Social Work & Social Welfare, this social stigma is arguably the reason and cause for many who are disadvantaged by social inequalities. More specifically, this social stigma becomes a negative label, which differentiates certain individuals from others. Society further separates these individuals into ‘undesirable’ groups. Examples of populations that have been stigmatized are the mentally ill, the homeless, and those who struggle with addiction. (Goldbach, Amaro, Vega, & Walter, 2015). In the case of domestic child sex trafficking, the most vulnerable youth are recruited from foster homes or they are runaways living homeless on the street. Disadvantaged by their negative labels (foster child, runaway, etc.), these children are seen as undesirable by society due to their backgrounds of trauma, mental health, addiction, or socioeconomic standing. Once a society deems an individual/group as undesirable, that individual/group receives less opportunity and far less resources (Goldbach, Amaro, Vega, & Walter, 2015). Though bills have been brought to the Governor’s desk, to address the mental and physical needs of this socially stigmatized group (sexually exploited children), it is clear that the stigma exists and still remains.
The Department of Homeland Security (DHS) has initiated their Blue Campaign to address the larger issue of sex trafficking to fight it on a national scale. According to their most recent report, traffickers prey on potential victims who are socially vulnerable and lack a safety net of support (Department of Homeland Security, 2016). Results show that between 100,000-300,000 American children are being sexually exploited and trafficked for commercial sex in the United States each year. Girls enter the trade as young as twelve and boys as young as eleven (Department of Homeland Security, 2016).
In 2003, the Federal Bureau of Investigation (FBI) partnered with the National Center for Missing and Exploited Children and the Department of Justice’s Child Exploitation and Obscenity Section, to launch their Innocence Lost National Initiative (ILNI). The ILNI initiative specifically focuses on the growing problem of domestic child sex trafficking in the United States (FBI, 2016). Operation Cross Country IX was born out of the ILNI, which includes fifty-three FBI field offices, seventy-three Child Exploitation Task Forces, in one hundred thirty-five cities across America, including Sacramento, with over five hundred law enforcement personnel (FBI Sacramento, 2015). As of October 1, 2016, over 6,000 children have been recovered from underage commercial sexual exploitation and 2,500 convictions have resulted from arrests (FBI, 2016).
Toni Atkins serves as the Speaker Emeritus of the California State Assembly and also represents the 78th District (San Diego). She recognizes that domestic child sex trafficking is a statewide epidemic that is growing rapidly and that California lacks the resources to support victims and survivors of these heinous crimes. According to a report published in 2009, the FBI designated San Diego, as among thirteen of the highest intense metropolitan cities most at risk for child sex trafficking and exploitation (U.S. Department of Justice, 2009). To combat the issue on a statewide effort, while addressing the needs of her district of San Diego, Atkins co-authored a bill to provide wrap around mental health services and temporary housing for commercial sexually exploited youth.
Policy Background
Currently, the state of California lacks the facilities that provide comprehensive mental health services that specifically address commercial sexually exploited youth. According to the authors of the bill, Atkins and Eggman, there are currently only two options for housing minor victims of the commercial sex trade: juvenile detention facilities or foster care placement by court order (California Legislature 2015-2016 Session, 2016). California legislative bill AB-1730 proposes a pilot program in one or all of four counties; San Diego, Santa Clara, San Joaquin and Sacramento, to provide temporary housing and wrap around mental health services with a ‘trauma-informed’ approach. This approach is an effort to give children the services they need, complete with a medical staff to assess each victim’s condition and properly treat mental health issues. In addition, provide them with strong mentors to assist them in their recovery and to provide them with a safe place to stay (in a geographically remote location), away from the physically and emotionally damaging sex trade environment (California Legislature 2015-2016 Session, 2016). There would be further recommendations for permanent placement to keep victims out of harm’s way and off the streets, which would prevent them from returning to the sex trade.
The bill states, that if passed, the Board of State Community Corrections (BSCC) will establish a five-year pilot project in up to four counties depending on which, or all of the counties, if they elect to participate. The county’s probation department, child welfare agency, or both must create the program. In addition, the State Department of Social Services must oversee all facilities. The funds provided by the State will be used to fund both the pilot project and program. Once a county elects to participate they must agree to an evaluation after one year that assesses the effectiveness of youth progress with outcome related data, in order to receive continued funding provided by the BSCC. The initial funding required for this pilot program is nineteen million dollars (California Legislature 2015-2016 Session, 2016).
When the bill was first presented to the State Assembly it was amended. It then passed unanimously (Ayes 80, Noes 0). The bill was then passed to the State Senate, after making further amendments, where it passed again unanimously (Ayes 39, Noes 0). On September 26th, 2016 the bill made its way to the Governor’s desk and he vetoed it (California Legislature 2015-2016 Session, 2016)! Governor Brown claimed it was a funding issue.[1]
[1] He cited the appropriations needed for this bill (nineteen million dollars), which were approved according to his final Budget Act Summary for the year 2016-2017 (Brown, Jr., 2015), were insufficient to cover the costs.
Scope of the Issue
The Trafficking Victims Protection Act (TVPA) was originally passed in 2000 and has been amended to include various provisions and protections by Congress in years 2003, 2005, 2008, and 2013 (Polaris, 2016). In 2005, the TVPA provisions included a Reauthorization Act, which put forth a pilot program to shelter minors who were considered ‘survivors’[2] of human trafficking. According to the official bill, the purpose of the pilot programs was to provide residential shelters, psychological counseling, and assist juvenile’s in developing life skills to help them readjust and become independent. Grant programs were initiated to provide states and local law enforcement with needed funds (ten million dollars for both fiscal year’s 2006 and 2007) to combat human trafficking (United States Government, 2005). This Reauthorization Act set a precedent on a federal level. It set a priority for states and local law enforcement to provide victim services for children combating the mental trauma of the abuse they had suffered at the hands of their traffickers and thereby break the vicious cycle of trafficking.
[2] For the purpose of this paper, “survivors” are defined as past victims who admitted to involvement, while “victims” are defined as rescued children, recovered by law enforcement.
The California Child Welfare Council issued a report in 2013 entitled, “Ending the Commercial Exploitation of Children: A Call for Multi-System Collaboration in California.” In it they explicitly report on this very issue and argue the importance of providing adequate medical and housing services for minor victims of commercial sexual exploitation. The Council estimates that a single trafficker (street name: pimp) can earn up to $650,000/year from exploiting a minimum of four children (California Child Welfare Council, 2013). Seven years is the average life expectancy for children exploited for commercial sex, with HIV/AIDS and homicide as the highest contributing factors to their deaths (California Child Welfare Council, 2013). Violence and abuse, whether physical or emotional, is constantly used by traffickers to coerce their victims into depending on the trafficker for all survival aspects along with maintaining full control over their entire life (California Child Welfare Council, 2013). This common threat of violence combined with the increased risk of sexually transmitted diseases (STD’s), present both mental and physical difficulties that require professional care.
Below are two reports on domestic sex trafficking from two prospective counties the proposed bill has offered as possible pilot locations for the programs:
Sacramento County, CA
To adequately define the needs of victims and survivors in Sacramento County, a non-profit organization named the Sex Workers Outreach Project (SWOP) of Sacramento, released a report entitled, “Sex Work and Human Trafficking in the Sacramento Valley; A Needs Assessment.” Authors DiAngelo and Anderson interviewed forty-four participants who identified as: having engaged in “sex work” in the past six months, were current residents of Sacramento County, and were at least eighteen years of age (DiAngelo & Anderson, 2015).
Findings revealed that 96% (42) of participants identified as female, while 4% (2) identified as male. One participant entered the sex trade at twelve years old and two participants were over sixty years old, with an average age of forty years old (DiAngelo & Anderson, 2015). 46% of participants were forced to engage in sexual activity against their will, (21). In addition, 59% (26) had said they were raped at least one time. Of those who were raped, 62% (16) said physical violence was used, with the most common weapons being knives and guns (DiAngelo & Anderson, 2015).
Authors concluded their report by asking participants to assess their most dire needs and requirements to feel safe, if they were to continue as a “sex worker.” Some participants discussed experiences of being raped or robbed at night, while sleeping (DiAngelo & Anderson, 2015). A majority revealed that having a safe place to sleep, free from fears of rape or abuse, and off the street were most important to them (DiAngelo & Anderson, 2015). To meet their most essential human requirements, many admitted to engaging in “survival sex,” to have access to shelter, food and water, clothing, and/or basic feminine hygiene products (DiAngelo & Anderson, 2015).
San Diego County, CA
In 2015, the University of San Diego published a report entitled “The Nature and Extent of Gang Involvement in Sex Trafficking in San Diego County.”[3] It suggests that street gangs are largely affiliated with an annual $810 million dollar sex trafficking industry, in San Diego County alone (University of San Diego, 2015). Females are the most common gender recruited, with an average age of entry being sixteen years old (University of San Diego, 2015). It was estimated that 8,100 girls are at risk of entering the commercial sex trade each year (University of San Diego, 2015). According to arrest reports, the average age for first time offenders of female prostitution is nineteen years old (University of San Diego, 2015). According to the study, 50% of women/girls charged with prostitution may have experienced sex trafficking as an adult or a minor (University of San Diego, 2015). Since sex trafficking and abuse are aspects of life commonly not spoken about, these females are often misplaced in the criminal justice system. Therefore, they do not receive the type of care or housing they need to feel a sense of security and effectively heal from their trauma. After serving time, many return to the streets and the life that is familiar to them, even though it is dangerous and abusive.
[3] Through a sample compiled from multiple sources including, survey data from first offenders of prostitution charges (a mandatory program set up through the city attorney’s office), data from victim intake services (provided by eight local nonprofits), arrest and booking information (provided by local law enforcement), focus groups from San Diego County schools, and interviews with those who had direct knowledge of sex trafficking (including victims/survivors and current/past prisoners serving time).
Authors outlined recommendations for victim services, which to their assessment had been inadequate thus far in providing a mental health focus. The focus needed to be redirected from criminalization to rehabilitation, for those suffering from many of the mental and physical effects of sex trafficking (University of San Diego, 2015). According to the authors, the first step toward achieving healthy and mental well-being for victims/survivors of sex trafficking begins with laws that decriminalize child prostitution. Instead, laws need to be focused around replacing punishments with victim services that protects them, rather than alienates them (University of San Diego, 2015). A second step would be to address housing issue for victims of child sex trafficking. Currently, in the entire county of San Diego, there are only twenty-nine beds for survivors of sex trafficking; none of them are reserved for minors (University of San Diego, 2015). With this growing issue of child sex trafficking and the amount of girls at risk, the county lacks the facilities for adequate placement.
Perspective
In June of 2014, California bill SB 855 was signed into law. Through its passing the bill had allocated fourteen million in annual funds to provide for children who have fallen victim to commercial sexual exploitation. The law provided funding for training to child welfare agencies and foster care providers, along with teaching other youth how to prevent and avoid dangerous situations by having professionals visit youth shelters, consult victims to assess their history, and provide support for survivors (National Center for Youth Law, 2014). The passage of this law defined the child sexual exploitation of victims as having engaged in “survival sex,” which meant they were forced to engage in sexual activity in exchange for food and shelter because they were dependent on their traffickers to survive (National Center for Youth Law, 2014). This was a defining moment in child exploitation legislation because victims would no longer be funneled through the criminal justice system and punished. (National Center for Youth Law, 2014). The focus was effectively taken off of criminalization and instead pointed towards prevention and intervention.
This law was a step in the right direction, however it does not address treating the victim’s mental health issues after experiencing extreme trauma. Nor does it provide alternatives to housing outside of what is already available. Traffickers prey on minors living in foster care or youth shelters, so providing a place for them outside of those areas is key in implementing a safe living space independent of threat. The Department of Social Services lacks the mental health care and resources for the trauma associated with the extent of abuse victims endure.
Policy AB-1730 is a defining moment for human rights. It is not about decriminalization, it is about serving the victim. It is purely about helping others and providing the services necessary to protect minors while providing advocates and health professionals to assist them in empowerment toward leading lives free from inner turmoil. I chose this bill because I wanted to understand why our governor would veto a bill that provided funding to our most underserved population: sexually exploited minors. Once I found out that the funds were appropriated, passed in the Governor’s annual budget for 2016-2017, the bill passed unanimously in both the Senate and House, I felt a compelling need to understand why these children were not receiving the services or opportunities they deserved and were entitled to. The social worker in me felt deeply inclined to fight for this social injustice. Our local Assemblyman Das Williams published an article around the issue and stands firm on human rights for all, especially children. I was driven to find the real reason why the bill was vetoed. It is our duty as citizens and government officials to protect our children from this horrendous crime, which many government officials refer to as ‘modern slavery.’ It was worrisome to me that the Governor did not find it such an important matter.
Action Narrative
Santa Barbara is a small tourist town about one hundred miles north of Los Angeles. According to U.S. Census data in 2010, 423,895 residents lived in the county (U.S. Census Bureau, 2010). Assemblyman Das Williams represents the thirty-seventh district, which includes Santa Barbara, Ventura, and Solvang in the California State Legislature (Williams, 2016). Sexual exploitation is an issue important to Williams, the community, law enforcement and local agencies. As recent as October 4th, 2016, the Santa Barbara District Attorney (DA) and the Santa Barbara County Sherriff’s Office were awarded a grant for $1.3 million dollars from the U.S. Department of Justice to address the local human trafficking problem (Hoover, 2016). According to Hoover, $600,000 of the grant has been dedicated to providing access to victim services, through the District Attorney’s Victim-Witness Assistance Program (Hoover, 2016).
Assemblyman Williams has written a total of eleven bills that have all been signed and passed by the Governor over the past two years. I chose him because he represented my area and seemed to have a close relationship with the Governor, which I thought could be helpful in explaining the veto of the bill. Issues most important to Williams include human rights, environmental protection, homelessness, and education. According to Williams, “we do not punish the trafficker severely enough” (Personal Communication, October 12, 2016). Criminalization for child prostitution is not something that happens a lot in California, according to Williams. The incentive to go into mental health facilities for youth to avoid criminal charges was the largest reason why they would stay there, but since the state legislature pushed for decriminalization of child prostitution it removed their largest incentive (Personal Communication, October 12, 2016). Williams also believes that with bill AB-1730, the Governor is attempting to save money on law enforcement, while simultaneously taking back control of the prison system in the state (Personal Communication, October 12, 2016). These priorities put the Governor in a conflicted position when it comes to making decisions for California’s sexually exploited youth, because his attention is elsewhere. When asked about why the Governor vetoed AB-1730, when the funds had already been appropriated in the budget that was approved by him, Williams said there were only two possibilities. “One, the Governor wanted that money for something else; or two, there was an oversight by the budget committee about what the Governor agreed to initially” (Personal Communication, October 12, 2016). Since the funds were not allocated to this bill (AB-1730) and they were appropriated for this initially, the money does not go away, according to Williams (Personal Communication, October 12, 2016). Something about this explanation seems “fishy” when children’s lives are at stake. I do not know what the “deal” was, but as a social worker I would like to pry open the truth behind the veto.
Ethical Considerations
Social workers have the responsibility to uphold the value of social justice as defined in the Code of Ethics, by the National Association of Social Workers (NASW). According to the core value of social justice, social workers must focus on ensuring that all people receive equal opportunities, while providing access to culturally competent services and resources. It is the duty of social workers to advocate toward the elimination of exploitation and discrimination of any person or group; regardless of age, ethnicity, social class, income, sexual orientation, or other form of social stigma used to separate or discriminate them from receiving equal rights (NASW, 2008).
The UN Charter’s Declaration for Human Rights protects all humans regardless of age from slavery and servitude. It publicly defines this behavior as wrong and prohibited. Article four of the Charter states, “No one should be held in slavery or servitude; slavery and the slave trade shall be prohibited in all forms” (United Nations, 1948). Article five states, “No one should be subjected to torture or to cruel, inhuman or degrading treatment or punishment” (United Nations, 1948). These articles defend all humans regardless of age from sexual exploitation in all forms, while universally protecting their rights as individuals free from torture. The United Nations has set a standard for the world to follow, that this behavior will not be tolerated at any level. Furthermore, they have explicitly stated that such behavior is morally wrong. One would hope that one day the Governor would read these words and choose to implement them.
References
Brown Jr., E. (2015). California State Budget 2016-2017 (p. 30). Sacramento, CA: State of California.
California Child Welfare Council. (2013). Ending the Commercial Exploitation of Children: A Call for Multi-System Collaboration in California (pp. 10-15,). Sacramento, CA: California Health and Human Services Agency.
California Legislature 2015-2016 Session. (2016). Assembly Bill No. 1730: Human Trafficking: Minors. Sacramento, CA: California Legislature 2015-2016 Session.
Department of Homeland Security. (2016). Human Trafficking 101 for School Administrators and Staff. Washington D.C.: Blue Campaign.
DiAngelo, K. & Anderson, R. (2015). Sex Work and Human Trafficking in the Sacramento Valley; A Needs Assessment (pp. 10-15, 22-24). Sacramento, CA: Sex Workers Outreach Project (SWOP) of Sacramento & Safer Alternatives Through Networking and Education (SANE).
FBI Sacramento. (2015). FBI Announces Results of Nationwide Human Trafficking Operation. Retrieved from https://www.fbi.gov/contact-us/field-offices/sacramento/news/press-releases/fbi-announces-results-of-nationwide-human-trafficking-operation
FBI. (2016). Violent Crimes Against Children/Online Predators. Federal Bureau of Investigation. Retrieved 22 October 2016, from https://www.fbi.gov/investigate/violent-crime/cac/
Goldbach, J., Amaro, H., Vega, W., & Walter, M. (2015). The Grand Challenge of Promoting Equality by Addressing Social Stigma (18th ed., pp. 2-5). Cleveland, OH: American Academy of Social Work and Social Welfare. Retrieved from http://aaswsw.org/grand-challenges-initiative/12-challenges/achieve-equal-opportunity-and-justice/
Hoover, K. (2016). District Attorney, Sheriff Awarded Total $1.3 million Grant to Combat Human Trafficking in Santa Bar. Noozhawk. Retrieved from https://www.noozhawk.com/article/district_attorney_sheriff_awarded_total_1.3_million_grant_to_combat_human_t
NASW. (2008). Code of Ethics (English and Spanish) - National Association of Social Workers. Socialworkers.org. Retrieved 8 November 2016, from https://www.socialworkers.org/pubs/code/code.asp
National Center for Youth Law. (2014). California Governor Signs Legislation to Protect Commercially Sexually Exploited Children. Retrieved from http://youthlaw.org/california-governor-signs-legislation-to-protect-commercially-sexually-exploited-children/
Polaris. (2016). Current Federal Laws. Polaris. Retrieved 25 October 2016, from https://polarisproject.org/current-federal-laws
U.S. Census Bureau. (2010). American FactFinder. Factfinder.census.gov. Retrieved 8 November 2016, from http://factfinder.census.gov/faces/nav/jsf/pages/index.xhtml
U.S. Department of Justice. (2009). The Federal Bureau of Investigation's Efforts to Combat Crimes Against Children (p. 70). Washington D.C.: U.S. Department of Justice Office of the Inspector General Audit Division.
United Nations. (1948). The Universal Declaration of Human Rights. Paris: United Nations.
United States Government. (2005). Trafficking Victims Protection Reauthorization Act of 2005 (H.R. 972) (pp. H.R. 972-13: Sec. 203). Washington D.C.: United States Government Publishing Office.
University of San Diego. (2015). The Nature and Extent of Gang Involvement in Sex Trafficking in San Diego County (pp. 17-18, 21-22, 31-34, 44, 76-77, 80-87, 91-95). San Diego, CA: University of San Diego & Point Loma Nazarene University. Retrieved from https://www.ncjrs.gov/pdffiles1/nij/grants/249857.pdf
Williams, D. (2016). 37th District Map - Assemblymember Das Williams Representing the 37th California Assembly District. Asmdc.org. Retrieved 18 November 2016, from http://asmdc.org/members/a37/district/37th-district-map/37th-district-map
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