Anaya Nolan
Human trafficking in Michigan is a serious issue that requires a strong response from the state and civil society. Michigan has a number of anti-trafficking laws that work to prevent and eliminate human trafficking in the state. In 2014, Michigan's human trafficking legislation was updated to include safe harbor provisions, which prevent minors from being charged with prostitution for actions taken while being trafficked. This update is consistent with safe harbor laws in other states, which aim to redirect young victims of commercial sexual exploitation and sex trafficking away from the criminal justice system and towards systems, agencies, and services that are equipped to meet their needs.
| Characteristics | Values |
|---|---|
| First human trafficking laws passed | 24 August 2006 |
| Safe harbor provisions added | 2014 |
| Safe harbor purpose | Prevents minors from being charged with prostitution for actions taken while being trafficked |
| Other 2014 changes | Created a standing Human Trafficking Commission and a Human Trafficking Health Advisory Board |
| 2010 update | Increased restitution from perpetrators, including medical costs and compensation for years enslaved |
| Statute of limitations | Removed in cases where trafficking is punishable by life; otherwise lengthened |
| Sex trafficking | Includes recruitment, harboring, transportation, provision, or obtaining of a person for the purposes of a commercial sex act |
| Labor trafficking | Includes recruitment, harboring, transportation, provision, or obtaining of a person for labor or services |
| Safe harbor laws | Redirect youth away from the justice system and towards agencies and services that can help them |
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What You'll Learn
Michigan's Human Trafficking Prosecution Unit
Michigan has a number of anti-trafficking laws in place to prevent and eliminate human trafficking in the state. The Michigan Attorney General is leading the fight against human trafficking by prosecuting the state's first criminal cases under state law banning human trafficking. The Human Trafficking chapter of the Michigan Penal Code was overhauled in 2014 as a result of a 21-bill legislative package. The 2014 legislative package included safe harbour provisions, stronger tools to hold traffickers accountable, and created a standing Human Trafficking Commission within the Department of Attorney General.
The Human Trafficking Prosecution Unit was established and signed into law by Attorney General Bill Schuette in 2011. The unit identifies human trafficking cases and prosecutes perpetrators. Since its inception, the unit has arrested 24 people, with 18 of them already convicted. The unit has also partnered with the Kalamazoo County Prosecutor's Office on two cases to charge two individuals with multiple felonies, including minor sex trafficking.
The Attorney General's office also conducts training for law enforcement and prosecutors and works with community members and advocates to raise awareness of human trafficking. They also provide a list of red flags for first responders and the general public to look out for. Michigan also has a Freedom of Information Act (FOIA) in place, which allows requesters to receive copies or make inspections of most public records of public bodies upon written request.
The Michigan Department of Health and Human Services (MDHHS) is committed to eradicating human trafficking in the state. They have created the Michigan Human Trafficking Commission, which works with experts and various departments across the state to combat human trafficking. The commission is involved in prevention efforts, including raising awareness, and working with government officials to recommend policy updates.
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Safe harbor laws protect minors
Michigan has a number of anti-trafficking laws that work to prevent and eliminate human trafficking in the state. In 2014, Michigan's human trafficking chapter of the penal code was overhauled, and the legislation package included safe harbor provisions. These safe harbor laws are designed to protect minors who are victims of trafficking or commercial sexual exploitation (CSE) and sex trafficking.
The implementation of safe harbor laws represents a paradigm shift in the legal response to minors involved in prostitution and commercial sexual exploitation. Previously, these minors were considered in violation of the law, but safe harbor laws recognize that they are victims of abuse and should be redirected away from the justice system. This can be achieved through immunity, diversion, mandatory referral, or a combination of these elements.
Safe harbor laws also include supplemental elements that vary from state to state. These elements may include specialized services, civil action, vacating convictions, and training for law enforcement to better identify and handle trafficking cases. However, the variation in safe harbor laws across states can lead to ambiguity and legal complexities when a minor is trafficked across state lines.
While safe harbor laws have been a significant step forward in protecting minors, there are still areas for improvement. For instance, there may be funding and resource challenges in providing victims with the necessary support services. Additionally, there is a need for more consistent and comprehensive safe harbor legislation across all states to ensure uniform protection for minors.
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The Michigan Human Trafficking Commission
Human trafficking in Michigan is a serious issue that requires a strong response from the state and civil society. Michigan has a number of anti-trafficking laws that work to prevent and eliminate human trafficking in the state. The Michigan Human Trafficking Commission, established in 2013, plays a crucial role in combating human trafficking.
The Commission is composed of 14 members, including the Governor, Attorney General, Michigan State Police, and the Department of Health and Human Services. It works closely with experts and various departments across the state to address human trafficking. One of its key responsibilities is to review and assess the needs of human trafficking survivors, ensuring those needs are met at the local and state levels.
Additionally, the Commission is tasked with reviewing Michigan's human trafficking laws and policies, identifying areas where new legislation or policy changes are necessary. They are committed to enhancing existing training efforts for professionals who may encounter human trafficking, such as law enforcement, healthcare providers, social service providers, and those in regulatory agencies.
The Commission is also creating a directory of organizations fighting human trafficking, connecting survivors with essential services. This directory will be a central hub for information and resources related to human trafficking in Michigan, improving accessibility and efficiency for those seeking help or wishing to get involved.
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Penalties for human trafficking violations
Michigan has a number of anti-trafficking laws that work to prevent and eliminate human trafficking in the state. The human trafficking chapter of the Michigan Penal Code was overhauled in 2014 as a result of a 21-bill legislative package. This package included safe harbor provisions, stronger tools to hold traffickers accountable, and the creation of a standing Human Trafficking Commission within the Department of Attorney General.
In cases where human trafficking is punishable by life imprisonment, the statute of limitations for bringing charges against traffickers has been removed. Otherwise, the statute of limitations for charging traffickers has been lengthened. The 2014 legislation also strengthened penalties against sex buyers (johns) by revising the definition of Tier I Sex Offender to include soliciting prostitution from a minor. Those engaging in trafficking minors for sex are now considered Tier II sex offenders and are required to register as sex offenders.
Additionally, human trafficking sentences may be ordered to be served consecutively with sentences for other convictions. Human trafficking can also be used as an underlying crime for a charge of racketeering, also known as 'conducting criminal enterprises', which carries a penalty of up to 20 years in prison.
In terms of protecting victims, the state has implemented measures such as safe harbor laws, which prevent minors from being charged with prostitution for actions taken while being trafficked. Michigan has also broadened the scope of damages available to victims in civil suits against their traffickers and made trafficking victims eligible for medical assistance benefits through Medicaid.
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Sex trafficking and labor trafficking
Human trafficking is a form of modern slavery that occurs in every state in the US, including Michigan. Michigan has a number of anti-trafficking laws in place to prevent and eliminate human trafficking within the state. The Michigan Attorney General is leading the fight against human trafficking by prosecuting the state's first criminal cases under state law banning human trafficking.
To address sex trafficking and labor trafficking in Michigan, the state has implemented various measures. The Michigan Human Trafficking Commission, established in 2013, works with experts and multiple departments to combat human trafficking through prevention efforts, awareness campaigns, and policy recommendations. The state also passed safe harbor laws in 2014, ensuring that minors involved in prostitution due to trafficking are not criminally charged. Instead, they are offered safe harbor protections and access to emergency and long-term services through the National Human Trafficking Hotline.
The Michigan Attorney General's office has also taken steps to strengthen penalties against sex-buyers and traffickers, with violations of the human trafficking statute carrying penalties ranging from 10 years to life imprisonment, depending on the circumstances of the crime. These legislative changes aim to hold traffickers accountable and provide justice for victims of sex trafficking and labor trafficking in Michigan.
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Frequently asked questions
Safe harbor laws are designed to protect minors who are victims of commercial sexual exploitation and sex trafficking. These laws ensure that minors are not treated as criminals but as victims of abuse.
Yes, Michigan has safe harbor provisions in its human trafficking laws. These laws prevent minors from being charged with prostitution if their actions were taken while being trafficked.
Michigan implemented safe harbor provisions as part of a comprehensive anti-human trafficking legislative package in 2014.
