Wednesday January 26, 2011 was Virginian's Lobbying day for Anti-human trafficking bill. Though Virginia currently retains human trafficking law in principle, it is only incorporated into part of state's abduction statute. Also, the conviction was never been made under the legislation because of the legislative loopholes. Therefore, a few good legislators were in the forefront of the fight introduced bills to close such loopholes and further assist victims.
Prosed Bills
HB1893, is a bill to close "the loopholes in the current Abduction statutes and make it easier for law enforcement and prosecutors to target traffickers." The bill will also expand the definition of abduction to include "specified trafficking activities such as the recruitment, solicitation, or enticement of individuals for forced labor or prostitution." It will also provide protection for sex trafficking victims who are in the age of 18 or older. What's more, under the bill a minor victim will no longer have a burden of proof to show force, intimidation, or deception by his or her trafficker. The bill will also "expand the scope of receiving money for procuring a person to include procuring a person for forced labor or services."
HB 2190 will help law enforcements to identify the victims and coordinate the delivery of services such as healthcare, housing, education, job training, and legal services, and HB 2393 will require adult entertainment businesses to feature the National Human Trafficking Hotline. HB 2440 bill would give "a victims of human trafficking an affirmative defense to a charge of prostitution. It will also allow victims to have their criminal records expunged of any arrest, charge, or conviction of prostitution while they were a victim of human trafficking. Lastly, HB 1898 would expand the scope of abduction to include pornography or sexually explicit performances as purposes for which a minor could be abducted for. It also "ensures that lack of knowledge of a victim's age or consent of the victim is not a defense to a change under the statute."
Human trafficking in Hampton Roads and its lucrative nature
Some opponents have argued that federal legislation against human trafficking is sufficient to prosecute traffickers in Virginia. Others also have argued that human trafficking in Virginia is only limited to Northern Virginia region. However, past news reported cases demonstrate that neither argument is true.
In August, 2010, Tyree Walker was arrested for sex trafficking two teenagers. And one of the teen victim was from Norfolk Virginia. The arrest was made after the undercover cop responded to the sex ads posted on Backpage.com. When the girls agreed to meet with the police and have sex with him, they were arrested for child prostitution charges. Meanwhile, neither the children's parents, nor the local and state police in Virginia were aware of the the girl's recruitment for sexual servitude.
In June 11, 2010, Alan Strieper, 25, pleaded guilty to attempted enticement, receipt of child pornography, and possession of material containing child pornography." According to the court records, Strieper began engaging in chat session with an undercover federal police about his interest in child pornography and engaging in sexual acts with children. He later discusses with "the undercover source his desire to kidnap and rape a child as young as two years old." During subsequent chats, "the undercover source agreed to fly from St. Louis, Mo., to Norfolk on Feb. 5, 2010 to put the kidnapping plan into action." After the arrest, ICE agents found evidences of kidnapping plan such as, "two rolls of duct tape, a pre-paid Tracfone, rubber gloves, sponges, bleach and other cleaning materials, several bottles of unknown pills, and a stuffed Elmo doll." Though Strieper was charged in federal court, he was never charged with human trafficking nor abduction.
In July, 2009, Shawn Forrest Eagel, 31, of Virginia Beach was arrested on abduction charge for kidnapping and molesting two minors. In 2008, he brought a then 16 year old minor from Pennsylvania to Virginia Beach to have sex with her at a hotel. He also taped a video of him having sex with the minor. Eagel also took a 13 year old South Carolina girl to Virginia Beach after the girl got into a fight with her family. The girl also said that she had sex with Eagel numerous time.
All of the above cases show that the lucrative nature of human trafficking. Two of the cases were handled by the federal agents after proactive and prolong investigation while the other shows that the victim was recovered at the mercy of an undercover sting performed in another state. Therefore, without active law enforcement investigation on local as well as state level, it is difficult to rescue victims that are hidden from the rest of the society and prosecute traffickers. What's more, all of the cases above show that federal law enforcement alone is not enough to investigate all human trafficking cases. And even if the predator was prosecuted under the current abduction statute, he or she will likely spend less than five years and be fined $2500, which serve no purpose on behalf of victims' restoration.
Obstacle: ignorance or apathy?
When I asked Delegate Adam Ebbin what the biggest obstacle in implementing comprehensive anti-human trafficking bill, he pointed out lack of awareness among many legislators and public in Virginia. But, one student lobbyist might have disagreed with the Delegate Ebbin. When she approached Delegate Christ Stolle's office (Norfolk, VA) for her lobbying appointment regarding human trafficking bill, his secretary said that the student needed to make an appointment with him (again). Meanwhile, she also could see Delegate Stolle walking in and out of the office in front of her. One can only hope that the incident that the student ran into was a matter of awareness that can be changed soon.
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