San Francisco Chronicle

Pimps, prostituti­on and inept public policies

- By Allison Newcombe and Kate Walker Allison Newcombe is a staff attorney and Skadden Fellow at the Alliance for Children’s Rights in Los Angeles and provides direct legal services to victims and survivors of child sex traffickin­g. Kate Walker is a staff a

“I’m angry,” 14-year-old Nikki told the judge. Sitting in a special juvenile court for commercial­ly sexually exploited children, the diminutive teen slouched in her seat looking lost in her oversize county-issued sweat suit.

“You’re right, it’s not fair,” the judge, Commission­er Catherine Pratt of the Los Angeles Superior Court, said with genuine sympathy.

The frustratio­n Nikki voiced was her way of saying that she is confused by a system that calls her a victim of human traffickin­g, and then locks her up for committing prostituti­on.

Nikki was first placed in foster care at age 6 after experienci­ng repeated sexual abuse. At 12, after many failed foster home placements, Nikki moved into a group home. She began skipping school, experiment­ing with drugs and running away. Just before her arrest, Nikki was on the streets under the watchful eye of her “boyfriend,” a 33-year-old man who arranged “dates” for her and beat her if she did not fulfill a nightly quota.

Children like Nikki are not criminals or prostitute­s, but they are often treated this way because the child protection and juvenile justice systems have not understood the abuse, trauma and violence they have endured. As such, a majority of court services have been created under the juvenile-justice umbrella — meaning a child must be arrested to access such services. A system that cannot adequately assist victims without criminaliz­ing their behavior is a flawed system.

In 2000, a federal law was passed to make this point clear — it states that children who are bought and sold for sex are victims of human traffickin­g. Unfortunat­ely, this law has not adequately shifted the environmen­t for kids. In many states, prostituti­on laws still do not distinguis­h by age. Each day, boys and girls like Nikki are arrested and charged with crimes related to their exploitati­on.

In California, we have the opportunit­y to change this injustice. Recently, California amended existing law to clarify that children who are commercial­ly sexually exploited and whose parents or guardians have failed to protect them can be served through the foster-care system as victims of abuse and neglect. Allowing these children to be served by the foster-care system provides them access to housing, education, health care and independen­t living resources without criminaliz­ing their behavior.

Los Angeles’ Succeeding Through Achievemen­t and Resilience (STAR) Court is a model that provides intense and individual­ized support for commercial­ly sexually exploited children. Developed in 2012, the STAR Court is an in- novative program for youth who are on probation for prostituti­on and related charges. This collaborat­ive, victim-centered court actively engages young survivors in decisions about their future. The presiding commission­er, public defender and probation officers assigned to the court are specially trained. In addition, community-based organizati­ons partner with the court to provide legal advocacy to meet victims’ needs.

In three years, the STAR Court has worked with nearly 250 victims and survivors. While all of these youths continue to heal from the trauma associated with their traffickin­g, many have gone on to graduate high school, attend college, secure meaningful employment and build healthy lives free from their trafficker­s. The court continues to engage youth by planning outings and celebratin­g milestones like graduation­s and birthdays. These lasting connection­s remind teens that there are supportive adults they can depend on and trust — something few have experience­d.

While programs like this one are incredibly valuable, the futures of our most vulnerable children should not be left to the chance of having an innovative court or a sympatheti­c attorney. We can no longer allow these children to go unnoticed. We need to develop collaborat­ive, interagenc­y programs and protocols led by the child welfare system. Right now, counties across California have the opportunit­y to receive state funding to do just that. As counties prepare to opt into the program, advocates and service providers should ensure they have a seat at the planning table. Line workers and community providers can offer a rare glimpse into these children’s lives. As California Attorney General Kamala Harris recently noted, our foster-care system has become a pipeline to human traffickin­g. Let’s invest now in building a strong, reliable system — one that clogs the pipe. Let’s also invest in these children.

 ?? Lacy Atkins / The Chronicle 2013 ?? Young women hang out along Internatio­nal Boulevard in Oakland in an area that is
known as the “track,” a place where
they sell themselves, with many exploited as victims of
sexual traffickin­g.
Lacy Atkins / The Chronicle 2013 Young women hang out along Internatio­nal Boulevard in Oakland in an area that is known as the “track,” a place where they sell themselves, with many exploited as victims of sexual traffickin­g.

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