Surrounded by twelve smiling state representatives Governor of Washington Christine Gregoire signed into law on May 3 the bipartisan House Bill 1874. The bill, effective August 1, is yet another step forward in an effort to eradicate sexual exploitation and human trafficking in Washington State.
Called modern-day slavery, human trafficking is a problem affecting almost every country. According to the International Justice Mission’s website, more people are held in slavery right now than over the course of the entire trans-Atlantic slave trade. Because of such trafficking, children, even in the US, are forcibly exploited in the commercial sex industry.
In 2003 Washington became the first state to pass legislature criminalizing human trafficking.
In 2010 alone the National Human Trafficking Resource Center received 228 calls concerning human trafficking—15 calls specifically reporting victims of sex exploitation. A study done by Debra Boyer in 2008 estimates that 300 to 500 children were victimized that year by child prostitution just in the Seattle area.
Yet, as of 2010, only one person in Washington has been convicted of human trafficking.
Rep. Christopher Hurst, chairman of the Public Safety and Emergency Preparedness Committee of Washington and a sponsor of HB 1874, said the reason for the lack of persecutions is because of the difficulties in obtaining evidence. A 14-year-old prostitute will never come to court to testify so testimonial evidence is nearly impossible to obtain, Hurst said.
HB 1874 hopes to change that.
In Washington, in order for law enforcement to record a conversation they must have the consent of all persons involved. The exception to this rule, called one-party consent, is when the investigation involves illegal drugs or, because of HB 1874, when the investigation involves human trafficking. More specifically, according to Hurst, this bill allows law enforcement to obtain one-party consent after the recording of conversation.
It is a long process for law enforcement to obtain approval to record based on one-party consent laws, Hurst said. It is a longer process than even a search warrant. Allowing investigators to obtain approval after a recorded conversation is crucial in capturing human trafficking criminals, he said.
HB 1874 also allows law enforcement to use the aid of a minor in investigation involving human trafficking if minor is the alleged victim in a case.
Kari L. Boiter works as the legislative assistant to Rep. Mary Lou Dickerson. Dickerson was the primary sponsor for HB 1874 and Boiter worked alongside Dickerson throughout the entire proceedings of the bill. Boiter explained that the bill will not allow minors to be used as bait during human trafficking investigations. The bill only allows law enforcement to use the aid of a minor if the minor is already involved, she said.
“We don’t want to be using minors as law enforcement officials,” Boiter said.
If a minor is out prostituting and law enforcement picks them up the new law allows investigators to tape the business proceedings of the minor and the pimp via phone or email, Boiter said. It will help give investigators concrete evidence to put traffickers behind bars, she said.
A speedy investigation is of the highest importance in trafficking cases, Boiter said. Human trafficking is ran like a business and the victims are moved around like inventory, she said. Even if police see a victim yesterday, by tomorrow the victim could be in Nevada.
HB 1874 will significantly speed up the process it takes to gather time-sensitive evidence.
“It’s an important tool for police to have,” Boiter said. “We have to do something to help these kids.”
Azra Grudic, anti-trafficking coordinator for the Eastern Washington Region, is glad to see more legislation passed in Washington concerning human trafficking. Grudic works directly with victims of human trafficking and is a self-admitted victim’s advocate.
“I think it is wonderful that we continue focusing on human trafficking and new laws,” Grudic said. “However, if we do not provide funds to assist the victims of human trafficking those laws won’t be beneficial.”
Grudic has seen numerous victims go back to their trafficker or pimp because of a lack of resources that assist victims.
Hurst hopes the new law leaves no traffickers left in Washington for victims to return to.
A single trafficker is often in charge of numerous victims, he said. HB 1874 will allow investigators to gain evidence needed to ensure prosecutions.
“Only a couple cases to impact thousands and thousands of people,” Hurst said.
HB 1874 has given rise to controversy over privacy rights and government expansion, Hurst said. But because the new law seeks to protect the innocent opposition to the bill holds almost no weight, he said.
The bill passed unanimously in the senate and 82-15 in the house.
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