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Legislature moves against sex trafficking

Some complain Constitution prevents more aggressive action

Posted: April 20, 2012 - 12:09am
Sen. Gary Stevens watches the votes light up the Senate Chambers electronic board as they pass CSHB 359 relating to conspiracy to commit human or sex trafficking during the second day of a special session at the Capitol on Thursday.  Michael Penn/Juneau Empire
Michael Penn/Juneau Empire
Sen. Gary Stevens watches the votes light up the Senate Chambers electronic board as they pass CSHB 359 relating to conspiracy to commit human or sex trafficking during the second day of a special session at the Capitol on Thursday.

Both houses of the Alaska Legislature moved to crack down on sex trafficking in Alaska Thursday, unanimously passing a new law banning it as the first act of the special session. The law was requested by Gov. Sean Parnell.

The bill was a late entry into the legislative debate, as shown by its number, House Bill 359 out of 369 bills introduced.

It aims to protect women and children, both boys and girls, from being trafficked into prostitution.

“I just became aware in the last year, frankly in the last six months, of the depth and extent of this depravity in our state,” Parnell said.

After hearing testimony from the Anchorage Police Department, Covenant House, Mary Magdalene Home, and the state Violent Crimes Compensation Board and others, legislators were competing to see who could be tougher on sex traffickers, the new term for those who force someone into prostitution.

Rep. Bill Thomas, R-Haines, criticized the lawyers who represent accused sex traffickers in court.

“We should be boycotting those attorneys,” he said.

He also praised vigilante justice. “Take the law into your own hands,” he said. “Clint Eastwood’s still the man.”

Finding out from his staff that the state itself is the largest provider of defense attorneys for indigent defendants, Thomas suggested ending the constitutional right to an attorney.

“I would advise against it,” cautioned Annie Carpenter, the Department of Law’s legislative liaison.

“Maybe we’ll just cut their budget,” Thomas said.

“I appreciate your zeal,” said Rep. Bill Stoltze R-Chugiak, Thomas’ co-chair on the House Finance Committee.

The committee didn’t do that, but instead increased the age at which someone is considered a child if they are coerced into prostitution. The problem is especially severe in villages, where young Native woman are lured into prostitution by predators, legislators heard.

Parnell said he’d heard from the FBI and Anchorage police “how girls are sent out from Anchorage into the villages to recruit,” he said.

The targets are “offered cosmetics, shelter, hair, makeup, and it’s a chance out of a really bad situation in their own home, they’re going to take it and then wind up in Anchorage and they wind up being slaves,” he said.

Now, thanks to an amendment to Parnell’s bill offered by Rep. Les Gara, D-Anchorage, those recruiters can be hit with harsh sentences if those they recruit are under 20 years of age.

“Sex traffickers who prey on 19-year-olds are just as bad as those who prey on 18-year-olds,” he said.

They can now face sentences of up to 99 years in prison. The main goal is to go after the traffickers, not the individual johns, he said.

In the Senate, Parnell’s anti-trafficking bill was amended to not only bar transporting girls to Alaska, but within the state as well.

Amendment sponsor Sen. Bill Wielechowski, D-Anchorage, said it shouldn’t matter whether girls were transported to the state or within the state.

“These victims are drugged and beaten in order to force them to continue to prostitute themselves for the monetary gain of the offenders,” he said.

The bill change the name of the crime “promoting prostitution” to “sex trafficking,” said Carpeneti, to conform to new terminology now in use.

“Law enforcement almost uniformly describes this conduct as ‘sex trafficking’” she said.

The change is also considered more respectful to victims of crimes to be considered victims of sex trafficking rather than participants in prostitution,” she said.

Another element to Parnell’s bill allows the use of two-way videoconferencing for some witnesses when it is difficult to appear in person.

The Legislature was warned that might be a violation of suspects’ constitutional right to confront the witnesses against them.

Rep. Lindsey Holmes, D-Anchorage, warned that aspect of the bill was “not clearly unconstitutional, but may be” unconstitutional.

That provision is sure to be challenged in court, warned Doug Gardner, Director of Legislative Legal Services and a former Juneau District Attorney.

“It’s almost certain defendants will litigate this issue, with the outcome an open question,” he said.

The bill passed unanimously in both houses of the Legislature Thursday, an action praised by Parnell, who is expected to sign it.

• Contact reporter Pat Forgey at 523-2250 or patrick.forgey@juneauempire.com

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Latitude58
14496
Points
Latitude58 04/20/12 - 07:38 am
5
2

No one supports sex trafficking

But this smells like the kind of law where lawmakers get all overzealous and throw the constitution out the window.

Vigilante justice?
Remove the constitutional right to legal representation?
Define 20 year olds as children?

Here's how it works. Find an issue that everyone agrees needs to be addressed. Plug in some extreme measures that you've always wanted to implement. Anyone who objects to those extreme measures quickly gets branded as being 'soft of sex trafficking, or terrorism'. We saw it with 9/11...

This is why we have a court, to limit this kind of behavior.

Sex predators suck. Scum of the earth. But the constitution applies even to them.

Alaskastu
1654
Points
Alaskastu 04/20/12 - 07:48 am
3
1

Sadly I have to agree with

Sadly I have to agree with that lat

Socrates
91
Points
Socrates 04/20/12 - 08:49 am
3
1

Take the law into your own hands?! Boycott the attorneys?!!

What is more shocking to me than the idea of women being trafficked in Alaska is that a representative suggests that people start "taking the law into their own hands".

I hope these were statements taken out of context and that Rep Thomas doesn't really beleive that.

Oh, and by the way; don't worry guys, you can still pay for sex with a village girl in Anchorage without too much worry, they are only cracking down on the pimps, not the Johns who are actually creating the demand for sex trafficking.

ken dunker II
3341
Points
ken dunker II 04/20/12 - 09:20 am
1
0

Inquiring minds want to know.

"I just became aware in the last year, frankly in the last six months, of the depth and extent of this depravity in our state," Parnell said.
Could you share with the rest of the class?

likes2fish
1
Points
likes2fish 04/20/12 - 09:59 am
3
1

Hot Button Topic

What a joke. Doesn't it scare anyone that our legislators don't even know the Constitution. You can't take away defendant's right to a public defender - that's the 6th amendment right to counsel. You can't allow adults to not testify in person - that's 6th amendment right to confront witnesses. And last I knew, it was illegal to take justice into your own hands.

The article says the law will be "more respectful to victims of crimes to be considered victims of sex trafficking rather than participants in prostitution" - but who do they think is doing the sex trafficking in the villages? Its probably the prostitute they "trafficked" a few years earlier. Giving them 99 years in prison doesn't sound very respectful. This is just another bad law to help with re-election on THE hot button crime today - nobody likes sex offenders, so the legislature keeps piling on.

Copenhaver
297
Points
Copenhaver 04/20/12 - 10:35 am
3
1

McCarthyism wants Thomas back

Wow! So if somebody is accused of being a sex trafficker, they should not have legal representation to try to disprove it? Forget McCarthyism; the Salem Witch trials called and they want Representative Thomas back.

Is this quack seriously governing us?

Copenhaver
297
Points
Copenhaver 04/20/12 - 10:47 am
2
0

Disconnected

The legislators can easily make these laws, but it won't matter unless a major culture-shift happens. They do not understand that the "rules of the village" will see the whistle-blowers shunned (or worse).

Sex trafficking (especially in the form of underage rape/incest) is a major problem in some rural communities. I hope the punishments are a harsh enough deterrent to make the offenders stop--because the victims will NOT come forward and risk alienation from their only support group.

jamison
3404
Points
jamison 04/20/12 - 11:09 pm
3
0

I agree with latitude

And I'm embarrassed to admit I recently told Thomas he had a positive media image---His comments as detailed in this article are a disgrace, and indicate a profound lack of forethought.

Do the Right Thing
564
Points
Do the Right Thing 04/21/12 - 08:07 am
3
0

more blowing smoke

Alaska has led the nation in violent rape, incest and domestic violence for decades but our governor is surprised to learn sex trafficking is going on in his backyard.

Our state also leads the nation in public handouts-public assistance, medicaid, denali kid care, WIC, HEAP, etc, etc , etc but Rep Thomas is shocked to learn we also lead the nation in taxpayer funded criminal defense attorneys.

Maybe we could vote in officials who know something about Alaska...

ima49er
5243
Points
ima49er 04/21/12 - 08:41 am
1
0

All you have to do

is watch Gavel Alaska while we're in session. Problem is, if we only had qualified, well informed people serving, many chairs would sit empty....

frozenfiefdom
0
Points
frozenfiefdom 04/21/12 - 10:17 am
1
0

Sex Trafficking in AK for the past 50 years, or longer,

from what I heard growing up in Juneau in the 1960's, sex trafficking was nothing new, even back then.

I wonder why such a hoopla about it now?

Just the tip of the iceberg, unfortunately. I wonder why some are just beginning to acknowledge the levels of debauchery, and crimes which were happening, pre and post statehood? And folks like me who raise questions about such despicable deeds, are labeled in unflattering terms.

It's well past time for some to pull their heads outta the snow, and the SnowJob.

http://frozenfiefdom.com/was_the_devil_diddling_in_douglas_ak_or_will_th...

ken dunker II
3341
Points
ken dunker II 04/21/12 - 11:38 am
2
0

it will be interesting

to see how we identify 'trafficking' from prostitution. 99 Years? Even the worse child molester does'nt face that sentence do they? I need a more descriptive example...maybe a victim or two...

J. E. Fume
5005
Points
J. E. Fume 04/22/12 - 06:37 am
3
0

This whole passage of the

This whole passage of the bill seems to have become just a big peeing contest for a bunch of windbags in the legislature. Of course, any even semi-decent person finds sex traffickers to be one of the lowest forms of life. Of course, almost everybody is going to denounce them in public. However, it seems as if more than a few legislators are using the whole thing as another photo op. The amusing thing is they are really only displaying their ignorance about basic constitutional law.

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