New York State Allows Trafficking Survivors to Vacate Prostitution Convictions

Why This Is Important

On June 15, 2010 the New York State senate passed a bill that, effective as soon as Governor Paterson signs it, enables survivors of human trafficking to vacate their convictions for prostitution-related offenses. This amendment to New York State Criminal Procedure Law grants those who were trafficked into commercial sex the opportunity to start over with a clean slate.

The Sex Workers Project (SWP) worked closely with Assembly Member Richard Gottfried to draft and introduce the bill in April 2009, which is also sponsored by Senator Thomas Duane. Supporters include the New York City Bar Association, the New York Anti-Trafficking Network, and Sex Workers Action New York.

The new legislation empowers survivors of trafficking by allowing them to move on with their lives, and function in society without the stigma of past exploitation. Survivors have a better chance of escaping re-victimization or further coercion when they do not have criminal records that often prevent them from obtaining work, getting stable housing, and adjusting their immigration status.

Who does this affect?

Over the past eight years the Sex Workers Project (SWP), a legal advocacy and services organization housed by the Urban Justice Center, has given legal assistance to many people who are in the sex industry by choice, circumstance, or coercion. As they assisted survivors of trafficking in accessing their rights and attaining safety, security, and a better future, it became clear that there was a need for a legal remedy that would allow survivors to move forward with their lives.

One client, “Carmen,” was trafficked from Mexico, and was beaten, abused and forced to do prostitution. She was arrested over 10 times during this nightmare, but her fear of the police made it impossible to inform law enforcement that she was being exploited by a third party. “Stacey” is a United States citizen who was trafficked into prostitution as a teen when she ran from an abusive home. She recovered with help from service providers, but has had trouble getting a job because of her prostitution conviction. As a result of the passage of the vacating prostitution convictions legislation, Carmen will no longer be blocked from immigration status because of her prostitution record, and Stacey will no longer have to inform potential employers of her record.

Why is this good?

People who are coerced into the sex industry and are then convicted of prostitution are handed a raw deal. In addition to being survivors of abuse and coercion, they saddled with lifelong stigma by the criminal justice system. With a prostitution conviction on their records, survivors of sex trafficking have a difficult time moving forward. This is not justice; it is harmful to survivors and can lead to re-victimization if they are unable to secure legal status in the United States and in the workforce.

The passage of this bill has shown us that it is possible for sex workers rights advocates to have their say, and that there are state legislators who will listen to our concerns. This gives us hope for changing a system that so often institutionalizes violence and discrimination against sex workers.

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