Legislative discrepancies: an analysis of Missouri’s current human trafficking laws and the need to improve its legal protection of victims

Abstract

Purpose Human trafficking (HT) is a local, national and international problem with a range of human rights, public health and policy implications. Victims of HT face atrocious abuses that negatively impact their health outcomes. When a state lacks protective laws, such as Safe Harbor laws, victims of HT tend to be seen as criminals. This paper aims to highlight the legal present gaps within Missouri’s anti-trafficking legislation and delineates recommendations for the legal protection of victims of HT and betterment of services needed for their reintegration and healing. Design/methodology/approach This case-study is based on a policy analysis of current Missouri’s HT laws. This analysis was conducted through examining current rankings systems created by nationally and internationally recognized non-governmental organizations as well as governmental reports. Additionally, other state’s best practice and law passage of Safe Harbor legislations were examined. The recommendations were based on human rights and public health frameworks. Findings Missouri is a state that has yet to upgrade its laws lately to reflect Safe Harbor laws. Constant upgrades and evaluations of current efforts are necessary to protect and address HT at the state and local levels. Public health and human rights principles can assist in the upgrading of current laws as well as other states’ best-practice and integration of protective legislation and diversion programs to both youth and adult victims of HT. Research limitations/implications Laws are continually being updated at the state level; therefore, there might be some upgrades that have taken place after the analysis of this case study was conducted. Also, the findings and recommendations of this case study are limited to countries that are similar to the USA in terms of the state-level autonomy to pass laws independently from federal law. Practical implications If Safe Harbor laws are well designed, they have greater potential to protect, support and assist victims of HT in their process from victimization into survivorship as well as to paving the way for societal reintegration. The creation and enforcement of Safe Harbor laws is a way to ensure the decriminalization process. Additionally, this legal protection also ensures that the universal human rights of victims are protected. Consequently, these legal processes and updates could assist in creating healthier communities in the long run in the USA and around the world. Social implications From a public health and human rights perspectives, communities in the USA and around the world cannot provide complete protection to victims of HT until their anti-trafficking laws reflect Safe Harbor laws. Originality/value This case study, to the best of the authors’ knowledge, is a unique analysis that dismantles the discrepancies of Missouri’s current HT laws. This work is valuable to those who create policies at the state level and advocate for the protection of victims and anti-trafficking efforts.

Compassionate Care—Going the Extra Mile: Sex Trafficking Survivors’ Recommendations for Healthcare Best Practices

“…It is understandable that resources for patients who have been identified as victims of ST can be challenging to find; especially in this current strained healthcare system of the US. This is why a collaborative model to assist and address the needs of ST-patients is essential in anti-trafficking efforts, as earlier stated [6,10,25,26].…”

“…The literature speaks of collaborative models that work best in addressing ST-patients in the context of healthcare settings. Both coordination of services and needed resources to move beyond victimization are essential [6,10,24,25]. In the context of healthcare settings, frontline staff, clinicians, and social workers can take first steps to achieve the following: (a) identify HT victims and perpetrators; (b) stabilize and control the HT situation; (c) prepare victims and pass information on to trained investigators; and (d) refer victims to specialized service providers [26].…”

“…These efforts have also included educating the public and creating protocols to identify victims in a diversity of sectors, as well as evaluation of anti-trafficking efforts nationally and internationally [6,8,9]. However, there continues to be gaps in the efforts of prevention, intervention, and legislation at multiple levels within the US and abroad; especially among adult victims [7,[10][11][12]. This research focuses on sex trafficking (ST) survivors' recommendations to healthcare providers regarding best practices based on their experiences and interactions with a range of diverse healthcare settings and providers.…”

Guest editorial

“…The following paper “Legislative discrepancies: an analysis of Missouri’s current policies and its need to decriminalize and protect victims of human trafficking” (Kappler and Richie-Zavaleta, 2020) draws the attention to the present gap in the legislation through analysis of the current policies in the case study of Missouri, USA. The authors discuss the significant role of legislation in supporting the rehabilitation of the individuals who experienced inhuman abuse and how laws can contribute to further harming the survivors if legislations fail to see them as victims.…”