Sign the Petition to Enact State Law!
(Petition Sign-in Below)Overview
Hawaii remains 1 of 7 states in the nation that has not passed legislation making Human Trafficking a felony offense while protecting victims of this horrible crime.
According to the U.S. Department of State, 300,000 U.S. children are forced or manipulated into the sex-trafficking trade. 1.2 million children worldwide are trafficked. According to the Honolulu Police Department, in 2008, Honolulu (not statewide) saw 15 children as High Risk Victims for Human Trafficking PER MONTH (or one child every other day).
Existing local laws do not adequately address the problem of Human Trafficking.
Some of the problems of using current statutes include:
1) Prostitution statutes place both victim and patron in the same criminal category making it virtually impossible for HPD to recognize prostitutes as victims. These are hardly victim centered laws,
2) Promoting prostitution statutes are NOT adequate in addressing Human Trafficking as they criminalize victims as "prostitutes," which carries heavy societal bias, and their penalties do not fit the atrocities of Human Trafficking. e.g. 30 months in jail and 3-5 years supervised release. *See Rodney D. King case for past example.
3) Most times, only promoting prostitution in the 3rd degree is applied to pimps/traffickers (misdemeanor), and,
4) These laws are not preventative so authorities need to "wait" until something severe like sex assault, murder, extortion, or kidnapping occur to pin the trafficker with anything worthwhile, of course to the detriment of the victim trafficked.
Please sign this petition to urge Governor Linda Lingle, the Hawaii State Legislature, City Prosecutor Peter Carlisle and Attorney General Mark Bennett to support legislation to create a state Human Trafficking law.
The Petition Letter
Dear Honorable Governor Lingle,
The rise in Human Trafficking among international and domestic trafficked persons is increasing in Hawaii, adversely affecting the image of the state and therefore tourism and the economy. Hawaii remains 1 of 7 states in the nation that has not passed legislation making Human Trafficking a felony offense while protecting the victims of this crime.
Existing Hawaii laws are ineffective to deter Human Trafficking and protecting victims. Effective deterrents require bringing traffickers, and patrons who solicit services from trafficked persons, to justice. Additionally, current prostitution statutes place both patrons of prostitution and prostituted persons into the same criminal category.
Victims often find it difficult or impossible to report the crimes committed against them or to assist in the investigation and prosecution of these crimes because they are subjected to coercion and intimidation, including physical or psychological control, persecution, debt bondage, and fear of retribution.
The lack of legal definition in our Hawaii statutes creates a deficit of adequate services and facilities in Hawaii to meet the needs of trafficking victims in terms of health care, housing, education, medical services, and legal assistance-- services which safely support the recovery and ability of trafficked persons to regain control of their lives and also to assist with the prosecution of traffickers.
In order to deter Human Trafficking, Hawaii must recognize that Human Trafficking is a serious offense. This can be simply accomplished by prescribing appropriate punishment, giving priority to the prosecution of trafficking offenses, and protecting, rather than punishing, the victims of these offenses.
Below is a list of just some Human Trafficking cases that have been inadequately addressed with current prostitution statutes. Promoting prostitution cases are commonly dropped and rarely brought to trial considering the amount of pimp/traffickers there are in Hawaii.
1. 09‐326022/Promoting Prostitution 3rd
Suspect: Clarence Moten
Synopsis: Suspect befriended female in Dallas Texas. Bought her a ticket to come to Hawaii under pretense of a birthday gift. Upon arrival on her birthday, placed her on the street as a prostitute. No direct coercion or threat. Only misdemeanor charge of Promoting Prostitution in the 3rd. Posted bail and is free.
2. 09‐086789/Promoting Prostitution 1st
Suspect: Joseph Vaimili
Synopsis: Victim was recruited by a suspect in Dallas Texas. Transported over to Honolulu to work as a prostitute. Victim ran away from the suspect and was picked up by another “pimp” (Vaimili) via a prostitute and was forced to work for him as a prostitute. Vaimili was charged. The suspect who transported her over from Dallas was not identified at this time. Only charge on the transporting suspect if identified is Promoting Prostitution in the 3rd, a misdemeanor. Posted bail and is free. Victim is unreachable.
3. Promoting Prostitution 1st (1999) – Currently faces 15 years minimum to life in prison for Federal Offense of Sex Trafficking of minors and adult women.
Suspect: Rodney D. King
Synopsis: Rodney D. King faces fifteen years to life in prison for trafficking women and children for sex. In 1999, Hawaii brought Rodney D. King to trial for the same crime of sex trafficking minors but King received only thirty months in prison and three years supervised release for his guilty plea.
4. Kidnapping, Sex Assault 1, Promoting Prostitution 1st (2005)
Suspect: Jason Smith and Martez Djuan
Synopsis: Two men raped a 15-year-old girl over two days, told her she was their "property" and forced her into prostitution for two days in a hotel room before she managed to escape. Prosecutors dropped the case.
The residents of Hawaii are respectfully asking you, Governor Lingle, to sign SB2045 SD1 HD1 CD1 into law to effectively combat the growing problem of Human Trafficking. Trafficking is a contemporary manifestation of slavery. We must ensure the just and effective punishment of traffickers, and protect the human rights of trafficked persons.
We urge the State Legislature, the Governor of Hawaii, the City Prosecutor Peter Carlisle, and the State Attorney General Mark Bennett, and their relevant Departments to support, to enact, and to enforce this Human Trafficking legislation. We support leaders who support the passage of state legislation to create a Human Trafficking statute.
Thank you for taking the time to read our petition letter.
Sincerely,
Your Name