Spring 2016 | Page 11

Beginning in the summer of 2014, a coordinated statewide effort took shape to adapt our approach to human trafficking and to address these difficulties. Five nonprofit organizations1 came together and secured funding to establish a statewide grassroots coalition called FUSE. FUSE hired a full-time coordinator, put in place an Advisory Committee with 25 members,2 and set to work on revising our state laws, securing funding for increased capacity for law enforcement and service providers, and providing training and technical assistance across the state. During the 2015 Legislative Session, FUSE partnered with the Attorney General’s Office to advocate for increased funding and robust changes to our state laws. The centerpiece of the legislative progress made by FUSE was the Uniform Act on Prevention of and Remedies for Human Trafficking (UAPRHT) that went into effect August 1, 2015. The law did many important things to strengthen services for adult and minor trafficking victims in North Dakota. One of the biggest changes the law brought about is a concept called Safe Harbor, which is now found in N.D.C.C. § 12.1-41-12. Safe Harbor mandates that a person who is a minor and committed a prostitution offense (and other related offenses that occurred as a direct result of being trafficked) is not subject to criminal liability or a juvenile delinquency petition, but rather is identified as a deprived child in need of social service intervention. The Safe Harbor provision allows law enforcement and court personnel to provide a consistent message to the victims they work with, that they are indeed victims and will be treated accordingly, rather than entering the court system with what can feel like criminal charges. This formal policy change mirrors what we’ve been seeing in evolving practice by many law enforcement agencies, juvenile court officers, and judges in North Dakota. They recognize in order to fight sex trafficking, we must focus on those coordinating and benefitting from the sale and purchase of commercial sex, the traffickers, and the customers, and that we are more likely to be successful in that endeavor if we understand the nature of the commercial sex industry as inherently exploitative and coercive. The narrative of the liberated sex worker and the harmless exchange of sex between consenting adults is largely a myth, and by instituting Safe Harbor policies, we are recognizing that myth and updating our policies acco