Title:

Shifting the Focus of Criminalization: Reducing the Prosecution of Human Trafficking

Thesis:

To reduce wrongful convictions of prostitution and encourage victims to come forward,

Background and Analysis:

The state of Michigan falls short in addressing the human trafficking issue due to a lack of
victim-centric statutes.1 Laws have continuously focused on identifying and prosecuting
traffickers rather than rehabilitating the victims. Over the last two years, the number of human
trafficking cases in the state has increased exponentially, reporting at 383 cases thus far in
2019.2 It should be noted that hundreds of cases in the state go unreported each year. The number
of laws pertaining to holding traffickers accountable is more than double the number of laws
focused on victim welfare and protection.3 Further discrepancies arise from these laws as they
make little to no mention of the prostitution victims are coerced into or protections following
performing such acts.6

Dating back to 1930, Section 750.451 of the Michigan Penal Code provides that the penalties of
prostitution range from a misdemeanor to a felony, contingent on the time of the offense.7 Under
Michigan state law, willful prostitution and sex trafficking acts are not differentiated.4 It is a
disparity that leads to the criminalization of faultless victims. With the threat of conviction and a
lack of security to fall back on, victims are reluctant to come forward to law enforcement.5 If
Michigan laws were reformed to ensure victims of forced prostitution are protected from
criminal conviction, the number of victims coming forward would significantly increase, and the
rehabilitation process would be considerably strengthened.

Policy Idea

The state of Michigan should enact legislation that creates an affirmative defense for human
trafficking victims to the charge of a crime that was committed as a result of coercion and a
reasonable fear of danger -- provided that the criminal offense is non-trafficking and non-violent.
The state legislature must establish a standard of proof when asserting such a defense. The
proposed bill would grant a person who successfully raises an affirmative defense the right to
have the court records sealed, except those specified and exempt.

Policy Analysis

This policy aims to protect victims of human trafficking and prevent traffickers from using their
victims as a shield. The racial and economic disparities at the core of the issue of prostitution
further illustrate the need for such a policy.8 In the state of Michigan, 20% of victims are males,
while the rest are females.9 Black women and girls are especially vulnerable to sexual
exploitation and remain trapped in the sex industry as a result of racism.10 Racism works in this
way by limiting educational and career opportunities for African Americans.11 There is a
generational effect as well; what harms the mother trickles down to affect the children. Being
trapped in this industry leads to a distrust of law enforcement and dependence on the abuser from
an early age.12

By implementing this policy, the gap between victims and state authorities will be bridged. There
may be opposition from lawmakers to pass such a law as relying on victims to be truthful,
incriminate their traffickers, and create their defense may cause reluctance due to a mutual
distrust between both the victims and the lawmakers.13 However, states like California and
Maryland have successfully implemented similar laws and should serve as models for other
states across the nation.14,15

In 2018, the National Human Trafficking Hotline received 1,038 contacts with human trafficking
tips; only 159 of these came from victims themselves.16 With an affirmative defense, more
victims may be willing to come forward. An available defense will allow victims to seek help
and cooperate with the government rather than fear conviction.17

Talking Points

 The state of Michigan makes no distinction between voluntary prostitution and forced sex
acts under traffickers, fueling victims’ fears and depriving them of necessary
protections.19
 There are prevalent race- and sex-based disparities in the sex work industry and sexual
slavery that generate a cycle of entrapment and criminalization leading to viewing law
enforcement as adversaries.18
 Successful implementation of an affirmative defense against current or future criminal
convictions helps to promote victim welfare and reshapes the justice system into one that
allows victims to come forward.

Key Facts

 The number of laws relating to prosecuting human traffickers is over twice the number of
laws promoting victim welfare.23
 As of 2018, 15% of human trafficking case contacts came from victims themselves.22
 Victims’ ages range from 13-16 years old.20 Wrongful incarceration of these juveniles
contributes to the over $150,000 it costs Michigan taxpayers per year to confine each
individual.21

Implementation Plan

The lack of victim-centered policies is a consequential issue in Michigan. The next phase of this
policy proposal will be to continue coalition-building with human trafficking rehabilitation
organizations across the state. Such agents of change include the University of Michigan (UM)
Law School’s Human Trafficking Clinic, the Michigan Human Trafficking Task Force, and the
existing Roosevelt Network human trafficking group at UM, all of whom will be consulted for
further research and advocacy. To actualize this policy, the legislation must be passed in both the
Michigan Senate and House of Representatives. In particular, we will lobby Senator Stephanie
Chang and Representative Yousef Rabhi, who can push the legislation in their respective
chambers.

Action Plan Snapshot

Ideally, it will take about 12 months to find sponsors and draft a tangible bill for introduction to
Michigan’s Congress. The first two months of the process will include continuing to work with
UM Law’s Human Trafficking Clinic on research and educating ourselves and Roosevelt
members about affirmative defenses. Subsequently, we will reach out to the Michigan Human
Trafficking Task Force and rehabilitation groups such as Hope against Trafficking in order to
further incorporate victim voices into the legislation and survey what resources would effectively
convince victims to come forward.

By February-March of next year, we will have our own legislation drafted and a one-page fact
sheet for lawmakers to peruse. At this point, we will also be lobbying legislators such as
Stephanie Chang, Yousef Rabhi, Christine Greig, Sylvia Santana, Paul Wojno, and Tenisha
Yancey -- all politicians who supported and advocated in favor of anti-human trafficking policies
and may be potential sponsors.24 We will also utilize the power mapping technique to determine
where opposition lies in the state legislature and strategize how to convince opponents otherwise.
In addition to connecting with legislators in these months, we would also like to connect with
other human trafficking Roosevelt groups at UM and with Sigma Iota Rho -- a campus honor
society that hosts educational events on human trafficking -- in order to educate and recruit
advocates to promote our policy.

By April-May, we would like to have a sponsor(s) for our policy and potential bill drafts from
their office(s). Before departing for our own summer recess, we shall make a second trip to
Congress to discuss our bill’s progress. The summer months will include continued advocacy
and communication with our stakeholders, provided group members remain in the state.

In the fall of next year, the legislation should be reaching its finalization. Another lobbying trip is
due in order to convince other lawmakers to vote in favor of the legislation. Hypothetically, the
bill will be introduced and implemented by early 2021.
11
Jessica Aycock, “Criminalizing the Victim: Ending Prosecution of Human Trafficking Victims.” SSRN Electronic
Journal, February 1, 2019. https://doi.org/10.2139/ssrn.3327525.

22
Human Trafficking Statistics By State 2019, November 7, 2019. http://worldpopulationreview.com/states/human-
trafficking-statistics-by-state/.

33
“Laws.” AG - Laws. Accessed November 3, 2019. https://www.michigan.gov/ag/0,4534,7-359-
82917_81399_81409---,00.html.

66
“Laws.” AG - Laws.

77
“The Michigan Legislative Website Data Sources.” Michigan Legislature - Section 750.451. Accessed November 16,
2019. http://www.legislature.mi.gov/(S(c4tqew4pxgfmapzpwjwkn0lk))/mileg.aspx?page=getobject&objectname=mcl-750-
451.

44
Grewal Law, “Prostitution & Sex Trafficking: Are They the Same Thing Under the Law?” Grewal Law PLLC, June 7,
2019. https://www.4grewallaw.com/blog/2019/june/prostitution-sex-trafficking-are-they-the-same-t/.

55
Isabella Blizard, Chapter 636: Catching Those Who Fall, An Affirmative Defense for Human Trafficking Victims, 48 U.
Pac. L. Rev. 631 (2017). https://www.mcgeorge.edu/documents/Publications/blizardEvidence_TUOPLR483.pdf

88
Vednita Nelson, Prostitution: Where Racism & Sexism Intersect, 1 MICH. J. GENDER & L. 81 (1993).
https://repository.law.umich.edu/mjgl/vol1/iss1/6

99
Jessica Royce, “What You Need to Know about Human Trafficking in Michigan.” WNEM Saginaw, May 21, 2018.
https://www.wnem.com/news/what-you-need-to-know-about-human-trafficking-in-michigan/article_9d283575-f6b3-5f4d-
b209-1f68770fbfaa.html.

1010
Ibid.

1111
Nelson, Prostitution: Where Racism & Sexism Intersect

1212
Blizard, Chapter 636

1313
Ibid.

14,1514,
“Bill Text.” Bill Text - AB-1761 Human trafficking: victims: affirmative defense., September 26, 2016.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1761.
15
“Maryland HB905.” TrackBill, February 13, 2015. https://trackbill.com/bill/maryland-house-bill-905-criminal-law-
human-trafficking-affirmative-defense/861245/#/details=true.

1616
“Michigan.” National Human Trafficking Hotline. Accessed November 4, 2019.
https://humantraffickinghotline.org/state/michigan.

1717
Francisco Zornosa, Protecting Human Trafficking Victims from Punishment and Promoting Their Rehabilitation: The
Need for an Affirmative Defense, 22 Wash. & Lee J. Civ. Rts. & Soc. Just. 177 (2016).
https://scholarlycommons.law.wlu.edu/crsj/vol22/iss1/7

1919
Grewal Law, “Prostitution & Sex Trafficking”

1818
Ibid.
2323
“Laws.” AG - Laws.

2222
“Michigan.” National Human Trafficking Hotline.

2020
Royce, “What You Need to Know about Human Trafficking in Michigan.”

2121
Tierney Sneed, “What Youth Incarceration Costs Taxpayers.” U.S. News & World Report. U.S. News & World Report,
December 9, 2014. https://www.usnews.com/news/blogs/data-mine/2014/12/09/what-youth-incarceration-costs-taxpayers.

2424
“The Michigan Legislative Website Data Sources.” Michigan Legislature