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The Impact of Safe Harbor Legislation on Court Proceedings Involving Sex Trafficked Youth: A Qualitative Investigation of Judicial Perspectives
Authors:Ginny Sprang  Jennifer Cole  Christine Leistner  Sarah Ascienzo
Abstract:The passage of the Trafficking Victims Protection Act (TVPA) facilitated the conceptual shift in reframing youth involved in sex trafficking as victims, rather than criminals. Many states have passed legislation in the form of Safe Harbor laws to protect sex trafficked juveniles from criminal charges and provide rehabilitative services (Polaris, 2015). Nevertheless, limited research has examined the impact of Safe Harbor laws and the role juvenile and family court judges play in how minor victims of sex trafficking are treated by the court system. Consequently, the purpose of this qualitative study was to examine juvenile and family court judges’ knowledge and perceptions of Safe Harbor legislation and identify legal challenges when presiding over cases involving sexually exploited youth. Semi‐structured interviews were conducted with a national sample (N = 82) of family and juvenile court judges. Findings suggest that respondents perceive Safe Harbor laws to have positively affected both attitudes and practices, although several challenges and unintended negative effects were identified. Further, dispositional issues, difficulties with case identification, legal and policy issues, and challenges with interagency collaboration were identified as ongoing issues to address. Legal implications as well as practice and policy considerations based on the study findings are discussed.
Keywords:Safe Harbor legislation  domestic child sex trafficking  judicial perspectives  child sex trafficking in the court system  disposition of child sex trafficking cases  juvenile court  family court
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