On April 7, 2016, Nebraska’s state legislature unanimously passed a bill that provides victims of sex trafficking with immunity from prosecution for prostitution. When Governor Pete Ricketts signs the bill, Nebraska will become the second state to provide victims with this protection (the first state being Mississippi).
Currently, the majority of states provide victims with an affirmative defense at the time of trial. This allows an individual charged with prostitution to bring present evidence that she was a victim of sex trafficking as a defense against those charges. While the affirmative defense provision recognizes that victims cannot be culpable for engaging in prostitution, Nebraska’s new legislation takes the victim protection one step further.
Nebraska’s law will provide a victim with complete immunity from prosecution for prostitution that occurred as a direct result of being a victim of sex trafficking. The immunity ensures that victims will not subject to the re-victimization that can result from going through the criminal justice process, and most importantly, the immunity is available to both juvenile and adult victims.
The CSE would like to thank the Women’s Fund of Omaha and their Trafficking Response Coordinator, Meghan Malik, for their dedication to assisting the Nebraska’s senators during this legislative process. We would also like to applaud the Nebraska legislature, specifically the bill’s sponsor Senator Patty Pansing Brooks, for being on the forefront of passing victim-centered legislation such as this. Moreover, we urge other states’ legislators to follow in Nebraska’s footsteps and seriously consider proposing legislation that provides its victims with the same protection.