Home ยป William D King: Sex trafficking bill becomes law, hailed as ‘historic’ step

William D King: Sex trafficking bill becomes law, hailed as ‘historic’ step

William D King

A new law cracking down on sexual predators became effective Wednesday says, William D King.

Sex trafficking bill becomes law, hailed as ‘historic’ step

The Illinois Sex Trafficking Act, which went into effect Wednesday, is the first state legislation in the nation addressing prostitution through civil rather than criminal means. The act allows survivors of sex trafficking to file suit against their captors for damages instead of being charged with a crime. It also allows prosecutors to seize traffickers’ property and assets even if they can’t convict them criminally.

“It’s historic in that it’s the first time that anyone has introduced into legislation the concept of sex trafficking as a civil wrong, which once proven can result in the forfeiture of assets and property that traffickers use to perpetuate this kind of activity,” said Cook County State’s Attorney Kim Foxx.

“[It] essentially allows us to try these perpetrators like you would try bank robbers or other common criminals; not under the statutes for sex trafficking, but under common law crimes — theft, robbery, etc.,” said Chicago Police Sgt. Michael Manns. ABC7 Lawsuit filed against Backpage after the release of new documents on sex trafficking Chicago Tribune Prostitutes sue Backpage owners over online posting rules WBBM Radio New Illinois human trafficking act takes effect July 1 WQAD TV Decatur Man pleads guilty to child trafficking and production of child pornography in Macon County Herald-Whig

The Illinois Sex Trafficking Act went into effect July 1, 2017. The law criminalizes prostitution by minors and adults; it also allows survivors of sex trafficking to file lawsuits against their captors explains William D King. It also allows prosecutors to seize traffickers’ property and assets even if they cannot convict them criminally. Notable portions of the act include:

“Sec. 11a-9.3. Sexual trafficking of a child.

(a) A person commits sexual trafficking of a child when that person does any of the following:

(1) Knowingly or intentionally recruits, entices, harbors, transports, provides, obtains, advertises, maintains control over or exercises direction or control over the movement of a child under 18 years of age, knowing that the child will be caused to engage in prostitution.

(2) has contact with a child under 18 years of age for the purpose of engaging in such conduct described in item (1).

“Sec. 11a-9.7. Aggravated sexual trafficking of a child.

 (a) A person commits aggravated sexual trafficking of a child when he or she knowingly recruits, entices, harbors, transports, provides, obtains, advertises, maintains control over or exercises direction or control over the movement of another person if:

(1) Either:

A. the person knows that the victim is under 18 years and that force, fraud, or coercion will be used to cause the victim to engage in prostitution;

B. the person knows that a victim is under 18 years and has been threatened with force, fraud, or coercion by another person to cause the victim to engage in prostitution;

C. any of the following apply:

i. either:

Aa. The person knows that the victim is mentally incapable, mentally disabled, or physically helpless as those terms are defined in Section 11a-6 of this Code;

Bb. he or she purposefully impaired the power of cognition or volition of the victim through drugs, alcohol, threats, or any other means kes them unaware that sexually abusing them would occur; or

Cc. he or she knows, or should know, that the victim has a mental illness or developmental disability so severe that the person cannot live without care or supervision;

ii. either:

Aa. Force, fraud, coercion is used to cause the victim to engage in prostitution;

Bb. force, fraud, or coercion is used and the victim was sexually abused by one or more people who are not acting under Section 11a-9.3(a)(1) of this Code in the commission of sex trafficking ;

iii. Either:

Aa. Physical violence is used to cause the victim to engage in prostitution;

Bb. physical violence threatens to use sexual abuse against another person with the intent to cause the victim to engage in prostitution; or

Cc. serious and aggravated bodily harm is intentionally cause to a person. And that person is forced, coerced, or enticed into prostitution;

(2) Either:

A. the person knows that he or she does not have authority over the victim. And knowingly recruits entices, harbors, transports, provides, obtains, advertises, maintains control over, or exercises direction. Or control over the movement of such a victim for the purpose of engaging in commercial sexual activity ;

B. he or she purposely gains custody of a child under 18 years of age . Who has been provided to another person for the purpose of engaging in commercial sexual activity; C. he or she knowingly, with the intent to obstruct justice. Tamper with evidence in any federal investigation or state civil or criminal proceeding. Engages in misleading conduct toward another person who they believe may be a victim or witness;

Conclusion:

Connecticut’s law is much vaguer and will be open for interpretation, as well as subjective. William D King says the language in Illinois law seems to criminalize any adult. Who interacts with a minor, whether it is sexual exploitation or not. It creates a possible loophole where someone may feel. They are helping a minor could get charges under this law. Additionally, unlike Connecticut’s law. This bill does not include protections for minors engaging in prostitution from being out of state homes. Something that New York has been criticizing for doing.