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Coalition Calls to Eliminate 5-Year Statute of Limitations for Human Trafficking Survivors to Press Charges

ASSEMBLYMAN JEFFREY DINOWITZ (A.D. 81) addresses those gathered along with a coalition of elected officials, advocates, and survivors of human trafficking who joined Manhattan District Attorney Alvin Bragg, Jr., on Jan. 18, 2024 to call on the New York State legislature to support survivors by eliminating the five-year statute of limitations for sex trafficking and child sex trafficking.
Photo courtesy of the Office of Assemblyman Jeffrey Dinowitz

Coinciding with Human Trafficking Awareness Month in January, Northwest Bronx Assemblyman Jeffrey Dinowitz (A.D. 81), a Democrat, was among a coalition of elected officials, advocates, and human trafficking survivors who joined Manhattan District Attorney Alvin Bragg, Jr., on Jan. 18, to call on the New York State legislature to support survivors by eliminating the five-year statute of limitations for sex trafficking and child sex trafficking.

 

The definition of human trafficking is the practice of exploiting adults and children for use as commodities, or objects, in conditions of sexual and labor servitude, according to the nonprofit Safe Horizon. “Also known as ‘modern slavery,’ human trafficking is the illegal trade in human beings through recruitment or abduction by means of force, fraud, or coercion for the purposes of forced labor, debt bondage or sexual exploitation” nonprofit representatives write.

 

According to the DA’s office, trauma, fear, and cultural stigmas frequently lead survivors to delay reporting to law enforcement. They said New York has recognized this issue by eliminating the statutes of limitation for B-felony sexual offenses, including first-degree rape and incest, as well as aggravated sexual abuse, and course of sexual conduct against a child.

 

They said in 2019, New York extended the period during which survivors of child sexual violence can commence a civil suit. They said the latest human trafficking bill, which they said passed the Senate unanimously in 2023, would provide sex trafficking survivors the same protections as survivors of other B-felony sex offenses by removing the criminal statute of limitations for sex trafficking and sex trafficking of a child.

DAWN ROW, (AT podium) of Girls Vow, Inc., which is part of the NYS Task Force for Missing and Murdered Women & Girls of Color, and which also works in the area of human trafficking, speaks to those gathered during an event highlighting the issue on Nov. 3, 2023 close to City Hall in Manhattan. Bronx Assembly Member Karina Reyes (A.D. 87) was also in attendance. Many victims of human trafficking are girls of color, according to advocates who work in the area of prevention. 
Photo by Síle Moloney

During the press conference, Bragg Jr. said, “It is long past time for New York State to eliminate the statute of limitations for sex trafficking and child sex trafficking. Five years to report is simply not enough – which the State recognized when it eliminated the statute of limitations for serious sex crimes two decades ago. I call on the legislature to help us support survivors and prosecute traffickers: pass this critical bill this session.” Bragg Jr. thanked Cleare and Dinowitz, as well as the survivors and advocates for what he described as their “persistence, dedication, and leadership.”

 

In addition to Dinowitz, the coalition included another sponsor of the S349B/A1940A bill, State Sen. Cordell Cleare (S.D. 30), who represents much of Upper Manhattan, including Harlem, Sonia Ossorio, executive director of the nonprofit NOW-NYC, Melanie Thompson, human trafficking survivor and advocate with the nonprofit, Coalition Against Trafficking in Women, First Deputy Commissioner Saloni Sethi of the Mayor’s Office to End Domestic and Gender-Based Violence, and a broad coalition of survivor-centered advocacy groups and organizations.

 

For her part, Cleare said, “I commend District Attorney Alvin Bragg for his incredible focus and tireless dedication to eradicating the vile scourge of human trafficking. Senate Bill 349-B, legislation which I proudly sponsor, would eliminate the criminal statute of limitations for sex trafficking, and extend the window for survivors to file lawsuits, ensuring that effective and lasting prosecution will take place and that survivors will receive our full measure of support and justice!”

 

The assemblyman provided an overview of the history on legislation around human trafficking, saying, “We’re in the year 2024. It was some time, I think, in late 2004, almost 20 years ago, that I first started working on legislation regarding human trafficking because up until then, there was no mention of human trafficking in New York Law. There was no crime of human trafficking, and you would have [thought] it would have been a no brainer that we could have passed something really quickly to combat human trafficking, both sex trafficking and labor trafficking, and yet, it took a few years, before we finally put together a strong-enough coalition to deal with that.”

 

Gesturing to those gathered around him, the assemblyman continued, saying, “I just want to say, right now, having DA Bragg and Sen. Cleare…  telling your story and all these advocates and survivors here is why I’m confident that we can get the job done twenty years after we started working on this issue. I’m not a patient person but this is way too long. In 2007, we passed the first anti-human trafficking law. It was called the Anti-Human Trafficking Act of 2007 and it defined what human trafficking was in law.”

ASSEMBLYMAN JEFFREY DINOWITZ (A.D. 81) along with a coalition of elected officials, advocates, and survivors of human trafficking joined Manhattan District Attorney Alvin Bragg, Jr., on Jan. 18, 2024 to call on the New York State legislature to support survivors by eliminating the five-year statute of limitations for sex trafficking and child sex trafficking. 
Photo courtesy of the Office of Assemblyman Jeffrey Dinowitz

Dinowitz went on to say, “It established various penalties for various acts of human trafficking, as well as providing services to human trafficking survivors and over the years, we’ve realized, we had to strengthen the law and so, bit by bit, that law was strengthened but right now, we still have more work to do, all these years later, and this legislation, I think, is crucial because by eliminating the statute of limitations [the criminal statute], it gives the DAs [district attorneys] the ability to go after the people who have committed among the most heinous crimes.”

 

He added that the elimination of the statute of limitations for the most severe sexual crimes was a recognition that survivors may need years to come to terms with their abuse, referencing similar needs of survivors who benefited from the previously passed Child Victims Act and Adult Survivors Act, in extending the period of time during which a civil cause of action could be started. “This legislation would ensure that survivors of the monstrous crime of sex trafficking have the same opportunities for justice as survivors of other sexual offenses,” Dinowitz said.

 

Survivors of human trafficking have sometimes cited their astonishment at the fact that society is appalled by child sex abuse but when money changes hands in exchange for such abuse, it seemingly turns a blind eye. The 2021 Annual Report by the New York State Interagency Task Force on Human Trafficking can be read here. It should be noted that arrests for human trafficking are not a good indicator of the pervasiveness of the problem due to its covert nature. We reached out to the Bronx District Attorney’s office for specific Bronx figures. We were referred to the NYPD. We will share any updates we receive.

 

According to Safe Horizon, 24.9 million people are victims of forced labor according to a 2017 International Labor Organization (ILO) report. They said 16 million people are trafficked for forced labor in the private economy according to the report. Private economy includes private individuals, groups, or companies in all sectors except the commercial sex industry. They said 4.8 million people are trafficked for forced sexual exploitation according to the report and 4.1 million people are trafficked for forced labor in state-imposed, forced labor. They said it is estimated that 20.9 million people are trafficked worldwide and that women and girls are disproportionately affected by human trafficking, accounting for 71% of all victims.

 

For her part, Ossorio said, “Survivors of sex trafficking deserve the same access to justice that sex assault survivors have been granted. They deserve their day in court too. A five-year statute of limitations on this horrific crime shocks the conscience. Traffickers are being given immunity. The New York Assembly should move swiftly and join their colleagues in the Senate who repealed the limits on prosecution last year.”

 

Thompson reiterated the message, saying, “Placing a Statute of Limitations on the crime of sex trafficking is telling survivors like me that we only have 5 years to get over to get over trauma that can be crippling for life. It is inexcusable- and the longer our voices are ignored, the clearer it will be that the assembly doesn’t take this crime seriously and continues to contribute to the problem.”

ASSEMBLYMAN JEFFREY DINOWITZ (A.D. 81) along with a coalition of elected officials, advocates, and survivors of human trafficking joined Manhattan District Attorney Alvin Bragg, Jr., on Jan. 18, 2024 to call on the New York State legislature to support survivors by eliminating the five-year statute of limitations for sex trafficking and child sex trafficking.
Photo courtesy of the Office of Assemblyman Jeffrey Dinowitz

Cecile Noel, commissioner of the Mayor’s Office to End Domestic and Gender-Based Violence, said the office was committed to supporting survivors of trafficking, many of whom come to the office in the hopes that its systems can hold the person who has trafficked them accountable. “But all too often, those who suffer long-term trauma related to repeated experiences of victimization, like sex trafficking survivors, cannot access existing legal remedies because they come forward long after the abuse happens,” she said.

 

The office is also looking at the intersection of homelessness and human trafficking and is encouraging housing shelter providers to complete their research survey in order to better address the issue. The survey can be found here.

 

Noel said passing the latest proposed bill would increase pathways to justice for trafficking survivors. “Today, we stand with survivors of human trafficking, and our partners […] to urge passage of this legislation so that trafficking survivors can access legal relief that supports their journey towards healing,” she said.

 

Liz Roberts, Safe Horizon CEO, said the nonprofit had led the campaigns to pass the landmark Child Victims Act and Adult Survivors Act, and strongly supports A.1940/S.349B. “We know [..] trauma takes time, and survivors should be able to come forward and find justice in courts when they are ready to do so,” she said, in part.

YOUNG GIRLS OF color attend a candlelight vigil hosted by Girls Vow, Inc., which is part of the NYS Task Force for Missing and Murdered Women & Girls of Color, and which also works in the area of human trafficking, on Nov. 3, 2023 close to City Hall in Manhattan. Bronx Assembly Member Karina Reyes (A.D. 87) was also in attendance. Many victims of human trafficking are girls of color, according to advocates who work in the area of prevention. 
Photo by Síle Moloney

Dawn Rowe, founding president of Girl Vow, Inc., said in part that the passage of A1940/S349B was not just a necessity but a moral imperative. “Every survivor deserves to be unshackled by the unimaginable atrocities,” she said. “How can we place a timetable on how victims survive harm? Girl Vow calls upon our legislators to act swiftly and decisively to ensure that justice knows no bounds until survivors can seek closure coupled with justice.”

 

She added, “Girl Vow stands united in our commitment to the protection of sex trafficking survivors. They should not have to survive on their own. We urge The New York State Legislature to eliminate the criminal statute of limitations and extend a lifeline to survivors. It is time we end consequential harm to all survivors.”

 

Restore NYC President Ida Mutoigo said, in part, “In our experience of serving about 300 survivors of human trafficking each year, the current statute of limitations of 5 years is an appalling limited amount of time for survivors to have sufficient support and restoration from trauma to ensure their readiness for civil and criminal action that is essential for just and fair litigation.”

 

Taina Bien-Aimé, executive director of Coalition Against Trafficking in Women, said in part, “We know it takes a long time for victims even to understand that they are, or were, trafficked, especially when the vast majority of survivors were sex trafficked as children, often by those charged to care for them.”

The Mayor’s Office to End Domestic and Gender-Based Violence is asking housing shelter providers to complete a survey in order to better understand the intersection between human trafficking and homelessness.
Image courtesy of the Mayor’s Office  to End Domestic and Gender-Based Violence

She added, in part, “With this legislation, New York can deepen its understanding of the means and patterns of human trafficking for sexual exploitation, the mechanics used by perpetrators, the abuse of vulnerability, and the demand for prostitution that fuels it all.”

 

Hon. Judy Harris Kluger, chief executive officer of Sanctuary for Families, said, “In the commercial sex trade, sexual assault is not just prevalent — it is ubiquitous. It is time for New York State to provide the same legal protections to sex trafficking survivors as other sexual assault survivors. Eliminating the criminal statute of limitations is simply the logical and judicious thing to do.”

 

As previously reported, the nonprofit, Freedom Youth NYC, have long been working to help survivors of human trafficking in The Bronx. Email Moniqueriley@freedomyouthfamilyjusticecenter.org or call (929) 612-3667 for more information.

 

Read our previous stories on this issue here, here, here, here, here, here, here, here, here.

 

If you are a victim of human trafficking, or if you have information about other victims, please call the National Human Trafficking Hotline at 888-373-7888, or the Bronx DA’s Crime Victims Assistance Unit, (718) 590-2115.

 

 

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