The Safe Harbor Law in Ohio offers protection to victims of human trafficking, especially minors. This law can help vulnerable individuals and ensure those exploited are treated as victims rather than criminals. Here are the different parts of Ohio’s Safe Harbor Law and its implications for victims and the entire community.
The Safe Harbor Law
Ohio’s Safe Harbor Law was signed into law in 2012. Since the Buckeye State is one of the top areas with the highest rates of human trafficking in the United States, the law helps to address the needs of those minor victims affected by these horrendous acts. With that, it stops viewing trafficked individuals, especially minors, as criminals and makes an effort to see them as victims of exploitation who need support and rehabilitation.
Let’s examine the different aspects of the Safe Harbor Law.
Diversion from Prosecution
Not all individuals involved in criminal activities are willing participants, and the Safe Harbor Law recognizes that. Any minors involved in prostitution or related offenses to human trafficking are victims. In turn, they are diverted away from the criminal justice system.
When these individuals are arrested for a prostitution-related offense, the court can place them in a diversion program instead of pursuing criminal charges. Most of the time, they will receive:
- Counseling to address trauma and mental health issues.
- Education to continue or return to schooling.
- Vocational training is needed to help minors develop skills for future employment.
- Safe housing to provide a secure environment away from traffickers.
Under the law, the goal is to rehabilitate and support the minor.
Record Sealing and Expungement
Victims of human trafficking often have criminal records resulting from their exploitation. Any criminal record can harm them as they move forward in life. Many times, these records can impact their ability to secure jobs, housing, or education.
Under the Safe Harbor Law, these individuals can petition the court to have their criminal records sealed or expunged. However, this is only available if those records are related to offenses committed due to their trafficking.
Expungement or record sealing is not automatic. The victim must apply for these actions. After the court reviews the petition, a decision will be made. If granted, the records are either hidden from most background checks or erased.
Extended Protection
The effects of trafficking do not end when a victim reaches the legal age. Ohio’s Safe Harbor Law allows juvenile courts to maintain jurisdiction over victims under 18. If an individual is involved in a trafficking case before they turn 18, the juvenile court can continue to provide services and oversight until they reach 21 years old.
With that, they can continue to receive protection from their traffickers. They also have options to pursue legal action against them in some cases. This allows victims to receive continuous support as they transition into adulthood.
Law Enforcement and Judicial Official Training
If the Safe Harbor Law is to be effective, then police officers, prosecutors, judges, and other officials must be properly trained to recognize and respond to human trafficking.
Under the law, these law enforcement and judicial personnel receive specialized training on:
- Recognizing the signs of trafficking, even when victims do not self-identify.
- Understanding the legal protections offered by the Safe Harbor Law and how to apply them in practice.
- Learning how to interact with victims in a way that is supportive and minimizes additional trauma.
All this special education can help to make sure the Safe Harbor Law is applied consistently throughout the state.
Public Awareness and Advocacy
Finally, the Safe Harbor Law recognizes the importance of public awareness to help fight against human trafficking. For that reason, Ohio has launched various campaigns to educate the public about the realities of human trafficking. Increased public awareness can help assist victims who fall under the protections of this law.
Can the Safe Harbor Law Apply in Your Case?
The Safe Harbor Law in Ohio protects trafficking victims, especially minors, from additional victimization by the criminal justice system. This law creates a support system for victims. Also, it helps law enforcement, judicial officials, and even the public better understand the signs of human trafficking and helps point them to resources that can assist the victims.
At Hunt Law LLC, we can help determine if you can receive Safe Harbor protections if you have been charged with a criminal offense in the state. To arrange a free consultation, please contact us at 330-469-9836.