In the last five years, statutory changes have resulted in a shift in the way the state of California views and supports victims of commercial sexual exploitation. These laws have helped bring awareness to the growing epidemic that is child sex trafficking and, more importantly, highlighted the need for all entities interfacing with minor victims to work collaboratively and proactively to bring this abuse to an end. Given the challenge of engaging and supporting this population effectively, the California Department of Social Services has released guidance supporting the use of a harm reduction approach as a promising practice to better engage and support victims and for law enforcement agencies to, ultimately, build stronger criminal cases against exploiters.
Most importantly, law enforcement officers should understand that when a youth is being exploited, a rescue mentality that seeks an immediate and complete break in the abusive relationship has proven ineffective. Assuming victims have a choice to leave will only result in their disengagement and distrust.
In 2016, the passage of Senate Bill (SB) 1322 made the laws that criminalize soliciting or engaging in prostitution inapplicable to commercially sexually exploited (CSE) youth. For law enforcement officers this changed the foundation of how child sex trafficking cases are investigated, and more specifically, how minor victims are identified and engaged. SB 1322 made the following changes to existing law:
CSE minors may no longer be prosecuted for soliciting or engaging in prostitution and, in turn, may not be detained in a county juvenile justice center on suspicion of that act;
Continues to require a child abuse and neglect report be made to the local county child welfare agency should officers encounter a minor involved in, or suspected to be involved in a commercial sex act; and
Allows temporary protective custody pursuant to Welfare and Institutions Code section 300, subdivision (b), for either release to placement or a legal parent or guardian.
As a result, SB 1322 caused a shift in the way law enforcement officers engage minors they suspect are being commercially sexually exploited. Specifically, officers must take an approach that is welfare and safety oriented, including the use of trauma-informed rapport building and increased collaboration with community providers. In addition to benefiting the minor sexual exploitation victims, this approach creates an opportunity for officers to begin their initial interviews and build rapport with a victim.
