This amendment to the Uniform Act on Prevention of and Remedies for Human Trafficking clarifies the laws on trafficking, forced labor and sexual servitude—including patronizing a victim of sexual servitude—and makes these crimes a felony. The legislation defines aggravating circumstances as recruiting or enticing victims from shelters for victims, youth, runaways, or the homeless.
On the other hand, new protections are enacted for victims of human trafficking, including establishing victim confidentiality and limiting how evidence concerning the reputation or past sexual behavior of victims can be used by the prosecution. Minors who are coerced into criminal activity now have immunity from prosecution for delinquency for such crimes as prostitution, possession of drugs or drug paraphernalia, bouncing checks, petty theft and forgery. Any minor engaged in commercial sexual activity is considered a victim in need of child services. Individuals convicted of the above crimes while minors are encouraged to petition the court to vacate the conviction and get their record expunged. Victims of human trafficking can also bring civil action against traffickers and those who engage in commercial sexual activity. Finally, victims of human trafficking are automatically eligible for benefits or services from the state, regardless of immigration status, and even adds directives for helping undocumented victims qualify for a visa.
As part of the package, the legislature appropriated $1.25 million to help human trafficking victims, with a priority of establishing centers for victims to find services. The legislation also established a commission, which will be headed by State Attorney General Wayne Stenehjam.
What does this mean for residents of Indian Country, especially Fort Berthold, home to the Mandan, Hidatsa and Arikara Nations, where police report a fourfold increase in human trafficking, as well as associated crimes like drug dealing? The reservation has no shelters or other services for victims of human trafficking, although human trafficking groups have been working diligently to raise awareness of the issue among tribal members. The US Attorney's Office reported that fully half of the victims in sex trafficking cases prosecuted by the office were American Indian women and girls. The 20-officer strong Fort Berthold police force is struggling to respond to the surge in crime, with help from the FBI but without help from the state, despite the substantial oil impact money paid by the oil and gas development corporations.
None of the $1.25 million appropriated is earmarked specifically for services to tribes, and while the bulk of it is intended to be spent on services and programs in western North Dakota, there is no assurance that the centers will be convenient for Native victims of trafficking. Not all the 19 members newly appointed to the commission have been announced but so far, no representative from any of North Dakota's tribes has been named.
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