PROVIDENCE—An effort by Rhode Island lawmakers to increase penalties against sex trafficking of minors gained momentum last Thursday when the Senate and House judiciary committees endorsed separate bills on the issue.
The bills would imprison those convicted of recruiting, harboring or soliciting minors for "commercial sexual activity" for up to 40 years and fine those found guilty up to $40,000.
Anyone found guilty of intimidating adults in "forced labor in order to commit a commercial sexual activity" could be imprisoned for up to 20 years and face a fine up to $20,000.
Under the proposed bills, prosecutors wouldn't have to prove coercion by traffickers.
The House bill (H-5661 A), introduced by Rep. Joanne Giannini and the Senate bill (S-605 A), sponsored by Sen. Rhoda Perry, however, are not identical.
A plan for police training and the creation of an oversight committee to identify trafficking victims was removed from the House bill, but kept intact in the Senate bill.
The House Judiciary Committee approved the bill in an 8-to-0 vote.
"My legislation is aimed at making our human-trafficking bills more enforceable. The problem is that it's very difficult for prosecutors to prove that the victims are forced to participate," stated Giannini in a recent news release.
Tammy Dudman, chair of the Rhode Island Coalition Against Human Trafficking, said it was essential for the Senate bill to include the provisions for police training and the formation of a 16-person oversight committee.
"If we don't have a trafficking persons council then there is no accountability and no creation of a model policy for the police. The police need to look at a list to see if a person is a trafficker," said Dudman, adding she is pleased that Giannini's bill was endorsed by the House Judiciary Committee, but is concerned the police will lack the tools to enforce trafficking laws with the removal of the two provisions.
"It won't give the police the proper tools they would need to make accurate assessment when they go out on a runaway call. If they don't have that assessment protocol they're not going to be able to make an assessment if they think that person may be a human-trafficking victim. This is an essential part of legislation to give the police the tools they need to combat human trafficking," she added.
The criminalization of indoor prostitution remains controversial among members of the General Assembly and with some women's-rights advocates.
Giannini and the Rhode Island State Police maintain law enforcement will lack the tools to enforce the trafficking laws without prostitution being criminalized in all venues.
"Without the prostitution bill being passed, this trafficking law means nothing. Prostitution is a crime, and we can't make laws and give immunity to certain people," said Giannini.
Giannini said there were no prosecutions under the law, because the loophole has not been closed yet on indoor
prostitution.
Meanwhile, Dudman said the Coalition Against Human Trafficking has not taken a stance on Giannini's prostitution bill, and said "none of us want to see women criminalized."
Giannini said she will continue to try to shut down the sex industry in Rhode Island, and wonders why people under age 21 would face immunity from prosecution under the Senate trafficking bill.
"If we care about the victims we need to shut down the sex industry and give the police the tools they need. If opponents of the prostitution bill care about women, they should want to shut down the sex trade," said Giannini.
Giannini emphasized the "status quo" on prostitution in Rhode Island "doesn't help the victims (women)."
