REPORT ON COMMERCIAL SEXUAL EXPLOITATION IN PENNSYLVANIA SPRING 2021 Villanova University Charles Widger School of Law cseinstitute.org The Institute to Address Commercial Sexual Exploitation CSE in Pennsylvania Table of Contents 1. Introduction and Overview .............................................................................................................. 1 2. Our Board of Advisors ...................................................................................................................... 4 3. Law and Policy 3.1 Current Law ............................................................................................................................ 5 3.2 Legislative Changes ................................................................................................................ 8 3.3 Legislative Recommendations .............................................................................................. 10 3.4 Policy Breakdown: Equality Model In Premise, In Practice ..................................................12 3.5 Federal Focus: EARN It Act ..................................................................................................15 4. Law in Action 4.1 Criminal Law Overview and Statistics .................................................................................. 16 4.2 Precise Charging Matters ..................................................................................................... 19 4.3 Police Sexual Misconduct .................................................................................................... 19 4.4 Who Needs to be Arrested to Build a Sex Trafficking Case ..................................................22 4.5 Attorney Collaboration: Creating a Web of Support for Survivors of Sex Trafficking ............ 23 4.6 Federal Focus: AUSA Sean Camoni .................................................................................... 24 4.7 Civil Impact Litigation ........................................................................................................... 25 5. Law and Social Change 5.1 Jennifer Glatthorn. Woman. Mother. Daughter. Survivor: Finding Beauty After Trauma ....... 27 5.2 Criminal Record Clearing Options ......................................................................................... 29 5.3 Vacatur: Successes and Set-backs ....................................................................................... 31 5.4 Forty Years is Enough: Cyd Berger’s Petition for Commutation ............................................ 32 5.5 Commercial Sexual Exploitation: At the Intersection of Racism, Mysogny, and Poverty ...... 33 6. Misinformation and Misunderstanding in the Movement 6.1 #TraffickingTruths: Combatting QAnon and Human Traifficking Conspiracy Theories .........36 6.2 A Christian Response ...........................................................................................................38 6.3 The Dangers of “Sex Work” as Language and Policy ...........................................................41 7. Organizations & Groups Working Against Commercial Sexual Exploitation in Pennsylvania ........43 8. References .....................................................................................................................................46 9. About the CSE Institute ..................................................................................................................55 © 2021 Villanova University Charles Widger School of Law, The Institute to Address Commercial Sexual Exploitation, all rights reserved. Edited by Alexia Tomlinson, Esq. Designed by Allyson Fifer and Chelsea Eret. Villanova University Charles Widger School of Law cseinstitute.org The Institute to Address Commercial Sexual Exploitation CSE in Pennsylvania 1. Introduction and Overview This year, the focus of our annual racism and racial inequality; we know Report is Truth and Justice. Fourteen that women and girls of color are dis- months ago, the realization was just proportionately represented amongst setting in that the global pandemic victims and survivors of sex traffick- was drastically changing our day to ing. Anti-exploitation advocates must day lives. We accurately predicted center racial justice in their efforts to that commercial sexual exploitation combat trafficking. Justice matters. (CSE) would not decrease and, in fact, remains ever present. In provid- In this year’s Report we also cover the ing this Report to our stakeholders, current Pennsylvania laws, policies we reaffirm our commitment to being and prosecution practices related to the best resource in Pennsylvania on sex trafficking and CSE. We have issues related to human trafficking and made several recommendations for commercial sexual exploitation. We legislative reforms centered around have confronted many new challenges adopting the Equality Model and in our work and are fighting harder enacting trauma-informed practices. than ever before. We also note continued problematic charging practices. Persons in pros- The national anti-exploitation com- titution continue to be criminalized, munity united during quarantine and meanwhile, those who purchase sex, Shea M. Rhodes, Esq. spent an extraordinary amount of time the force driving the market, continue Director & Co-Founder seeing and defeating division on two to be rehabilitated. Persons who buy On behalf of the CSE Institute, I want fronts. First, QAnon used the pan- and sell children for sex are still not to thank all of our stakeholders who demic to fuel social media campaigns charged with Trafficking in Minors, have worked tirelessly on the front that spread myths and misinformation instead they plea to minor changes, lines during COVID-19 to ensure the about sex trafficking and exploitation. minimizing the harm suffered by their safety and health of those impacted by Second, many organizations continue victims. Again: Justice matters. commercial sexual exploitation. The to work to decriminalize the full sex vulnerabilities that lead to falling prey trade, without consideration for the The most important piece of the CSE to CSE have only been exacerbated inherent harms to those in prostitu- Institute’s mission is to center the lived during the pandemic and we must tion. At the CSE Institute we know all experiences of survivors in developing remain vigilant in this fight to end all too well that word choice and rhetoric policies and best practices. I am excit- forms of exploitation. I invite you to are critical to advocating legal and ed for you to learn from the triumph of reach out and engage with our work, policy positions. We have faced false Jennifer Glatthorn in Finding Beauty and I express my appreciation to you narratives head on and continue to After Trauma. Above all else, the for reading our Report, and for giving challenge any notion that sex is work movement to end sex trafficking and your time and attention to combatting and that victims and survivors should sexual exploitation must demand sur- sexual exploitation here in Pennsylva- be rescued by those with a savior vivors’ voices are at the forefront of ev- nia and beyond. complex. Truth matters. ery effort to end the sex trade. Since our inception we have consistently Truth and justice matter - we still have This year saw unprecedented efforts engaged the survivor community, their so much work to do. to achieve racial justice, as pro- guidance shapes everything that we testors, lawmakers and advocates do and we will continue to partner with Sincerely, took to the streets following George agencies and organizations that share Floyd’s death. Commercial sexual our vision and values exploitation is fueled by systemic Villanova University Charles Widger School of Law 1 cseinstitute.org The Institute to Address Commercial Sexual Exploitation CSE in Pennsylvania Justice for Victims Clinical Fellowship The focus of the Fellowship program Recently, Alexia has coordinated virtu- is to directly engage with victims and al office hours to continue to provide survivors by providing legal represen- these services. In the past year, the tation in the form of post-conviction Fellowship program has served over relief, including vacatur and expunge- 20 clients during their time at the Drop- ment. Alexia has continued to work In Center. with the Defender Association of Phila- delphia, providing technical assistance As in past years, the Fellows contin- to the Project Dawn Court (PDC) staff ue to create and provide training ses- attorney and pursuing post-conviction sions to attorneys, members of law relief advocacy for all eligible Defend- enforcement, and other stakeholders er Association clients. As a result of in the Commonwealth and across the the Fellows’ collective efforts, 16 sur- country. This year, the CSE Institute vivors have had convictions vacated, successfully transitioned to training amounting to over 85 cases and over virtually. We partnered with several or- Alexia Tomlinson, Esq. Dickinson School of Law, Class of 2018 140 charges being erased from their ganizations including HP Enterprises, Justice for Victims Fellow criminal records. These survivors had the Bucks County Bar Association, and anywhere from 1 to almost 40 vaca- Blair County to conduct virtual train- Providing trauma-informed, holistic le- tur-eligible charges removed from their ings. Additionally, we hosted a three- gal services to survivors of commercial criminal histories. Additionally, for the part CLE series on Sex Trafficking, sexual exploitation and sex trafficking