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Community Courts, Specialized Dockets, and Other Approaches to Address Sex Trafficking

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Community Courts, Specialized Dockets, and Other Approaches to Address Sex Trafficking Research. Development. Justice. Reform. 520 Eighth Avenue, New York, New York 10018 P. 646.386.3100 F. 212.397.0985 courtinnovation.org Community Courts, Specialized Dockets, and Other Approaches to Address Sex Trafficking In recent years, staff in many community courts and specialized dockets have been developing an expertise in identifying trafficking victims and responding to their needs by connecting them to social services and other supports. Unlike victims of labor trafficking, whose work may not be in and of itself illegal, victims of sex trafficking are often induced to engage in illegal activities and therefore are more likely to be arrested and treated as criminals. One common query from jurisdictions interested defendants rather than as isolated incidents best in improving their response to trafficking is treated with a short-term jail sentence. whether or not the level of services or intervention differs based on whether or not a defendant/ Midtown Community Court victim fits the federal or state definition of a One community court, called the Midtown “trafficking victim.” The answer is no. Underlying Community Court, is near Times Square in all of the below examples is an assumption that Manhattan. Before its inception, prostitution was each defendant with prostitution or related a major issue in the court’s catchment area. The charges should be offered the same degree of court, through partnerships with community- service; even if a defendant does not meet the based service providers, domestic violence legal standard for sex trafficking1, she or he has agencies, a nonprofit defender organization, and still potentially experienced trauma. Further, the prosecutor’s office, decided to focus on the a common goal is to help prevent defendants underlying victimization faced by many women from cycling through the justice system, and the and transgender defendants entering the criminal approaches described below may help victim- justice system. Such partnerships required defendants find safe pathways out of the sex trade, intentional curating. potentially avoiding future re-arrests and jail time. Following are several examples of ways in The Midtown Community Court recognized which courts can better respond to victims of sex that the same women were cycling through the trafficking. system again and again, unable to escape “the life” of prostitution. A multitude of issues, such Community Courts as Vehicles for addressing as coercive control by abusers, trauma, substance Prostitution/Trafficking Cases abuse, economic powerlessness, and immigration Community courts, with their complementary status, among other challenges, kept these women goals of reducing crime and incarceration while from leaving a pimp, trafficker, or “the life.” improving public trust in justice, differ from Importantly, the court recognized that many traditional criminal courts in that they see low- adult victims entered into prostitution as minors level crimes as opportunities to offer help to and were still being arrested as adults. Center for Court Innovation | Page 2 During the fall of 2013, the Midtown Community address topics such as safety, trauma reactions, Court saw approximately 80 prostitution cases. healthy coping, relationships, financial literacy, Since the inception of the prostitution diversion and other important concerns, such as human docket, the court has found that over 80 percent trafficking, legal, employment, and housing of women arrested for prostitution have histories issues. Offered as either a five- or 10-session of victimization and trauma—including domestic program, WISE not only provides a safe space for violence, sexual assault, childhood sexual abuse, women to support each other, but it also allows or physical assaults.2 In the hope of helping these Midtown Community Court and STEPS staff women increase their safety and support systems, to engage in goal-oriented case management and possibly exit “the life,” the court built and aftercare planning. Adaptations of WISE, partnerships and a comprehensive assessment including a Spanish-speaking curriculum as well that would help the court identify needs and as a group for transgender women, have been respond with appropriate referrals and sanctions. added since the program’s inception. Further, partnerships with community domestic violence Judge Felicia Mennin, Midtown Community Court: agencies serving Mandarin- and Korean-speaking “Collaboration between the judge, district attorney’s victims have allowed defendants to receive office, and defense bar is crucial in prostitution cases. assessment, counseling, and other services in A partnership approach, which relies heavily on the their own language. engagement of social service agencies and their trauma- focused practices, allows me to make more informed Importantly, the specially trained judge who decisions and, in many cases, seems to help people find presides over the Midtown Community Court safety or leave ‘the life’ instead of appearing before the still responds consistently to noncompliance for court time and time again.” defendants that have been identified as victims; the response is simply tailored to the goal of To identify the myriad needs of women arrested reducing the use of incarceration. The judge for prostitution, staff at Midtown Community takes into account the common barriers that Court developed a comprehensive psychosocial prostituted women face in leaving “the life”— assessment, which focuses on criminogenic needs similar to those who are addicted to substances, as well as past and/or current victimization. The women may suffer setbacks, such as re-arrest, assessment, as well as the services that follow, before successfully achieving safety or leaving is trauma-informed, meaning that a centerpiece “the life.” The judge often uses graduated of the interaction with a defendant is to sanctions, such as mandating additional services establish rapport, help develop a sense of safety, or increasing the frequency of court visits, to and listen for symptoms of trauma, including encourage compliance, rather than sentencing a re-experiencing, avoidance, or arousal (i.e., defendant to jail. Women arrested for prostitution hypervigilance or exaggerated startle response).3 also meet with Midtown Community Court staff and partners regularly, so that non-compliance The practice of using an in-depth assessment can be identified early and responded to quickly. allows a judge to make a more informed and The judge’s response is aided by the presence of a nuanced decision about an appropriate alternative dedicated prosecutor and defense attorney; these sanction. At the Midtown Community Court, the stakeholders, who also have specialized training, most common mandate involves participation collaborate with the judge to help ensure that in an on-site evidence-based, psychoeducational trafficking victims are not convicted of crimes for program known as WISE – Women’s which they are not culpable. Independence, Safety and Empowerment. Through a partnership with a local domestic Applications in Other Settings violence agency (STEPS to End Family Violence), This emphasis on compliance is applicable a combination of group and individual sessions to other criminal court settings; consistency, Center for Court Innovation | Page 3 accountability, and the provision of services individual’s progress and recommended tailored to the offense are all fairly universal strategies in advance of compliance hearings. goals. Indeed, the National Center for State Courts identified the clear and rigorous monitoring The support system created at the Midtown in community courts as a practice that could Community Court is one that can be developed be successfully adapted by traditional courts.4 in other urban, suburban, or rural courts. Following are several specific ways in which courts The emphasis on collaboration between court can adapt their compliance practices to fit the and community stakeholders, such as public needs of sex trafficking victims. defenders, prosecutors, domestic violence — Mainstream courts could adapt the practice agencies, and other social service providers, is used in Midtown Community Court of key in identifying and responding to prostitution responding swiftly to noncompliance, and and trafficking cases. Further, the development emphasizing social services and frequent court of a mandate that is tailored to the experiences of appearances, if necessary, rather than jail. This prostituted women and transgender individuals reliance on alternative sanctions is another (such as WISE) is crucial for courts wishing to community court practice that the National adapt their response to victims of trafficking. Center for State Courts identified as ripe for adoption by mainstream courts. Specialized Dockets as a Vehicle for — The National Center for State Courts addressing Prostitution/Trafficking Cases emphasized that procedural justice in For many jurisdictions, specialized dockets may community courts is a practice that is readily be more familiar than community courts; models applicable to traditional courts. Procedural such as drug courts, mental health courts, and justice seeks to improve perceptions of domestic violence courts might already exist in fairness in the justice system by encouraging the community. Such specialized dockets can judges, attorneys and other court staff to serve as important intercept points for defendants treat defendants, victims and the public with who have experienced trauma and, in some
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