UPDATE: Enforcing Proposition 35 as the ACLU Continues to Fight for Sexual Predator’s Rights Over Those of Our Children

California voters just sent a loud and clear message to human traffickers: We are ready to defend and uphold the dignity and rights of our community’s most vulnerable members.

Thank you for your hard work and contributions, which led to the historic victory for Prop 35. As of Nov 13, Prop 35 has over 81% approval with 8.4 million votes. There’s no doubt that Prop 35 is the citizens’ mandate for justice.

Prop 35 becomes law as soon as the Secretary of State certifies it. We have started to ensure that Prop 35 will be implemented well, starting with law enforcement.

One provision — the requirement that convicted sex offenders provide internet identifiers to law enforcement — is temporarily placed on hold due to a federal lawsuit. You may have heard that the ACLU and EFF have filed a class action suit on behalf of convicted sex offenders who seek to maintain their anonymity online. The other provisions of Prop 35 are unaffected by this lawsuit, including longer prison terms, higher fines, protection for victims in court, and law enforcement training.

Our top priority is to protect our society’s most vulnerable members from being exploited, and to use all the legal tools available to protect them online and everywhere. We reject any ideology that places the privacy interests of known sexual predators above the basic human rights, liberty, and safety of people being targeted for exploitation.

We have decided to team up with the Attorney General’s Office, which has begun a vigorous defense of this disclosure requirement. If Megan’s Law was written today, not 20 years ago, internet accounts would have been a key element of the sex offender registration. Prop 35 updates Megan’s Law to reflect the reality and importance of the internet in our lives today.

The ACLU’s claims have been previously litigated, and courts have repeatedly rejected their fanciful and dangerous misinterpretations of the Constitution. We are committed to bringing the voices of survivors and voters into the court room and to ensuring that law enforcement has the tools necessary to combat sex offenses online just as they do in the off-line world.

Your support has been crucial throughout the campaign, and we are asking for your continued support to win this lawsuit.

Donate generously to our legal defense.
– Speak up. Write op-ed or letters to the editor of news outlets.
– Write to the ACLU and EFF and respectfully ask them to put kids over predators. Sadly, the ACLU persists in defending the rights of sexual predators over the rights, freedom, and safety of the children whom predators use as prey and as commodities.

Sincerely,

Daphne Phung and Chris Kelly

 

California and Prop 35

Sep 20, 2012 by

Proposition 35

California’s Prop 35

This proposition in California has the power to change things forever in the long march toward ending human trafficking and is long overdue. Slated for the November 2012 ballot, Proposition 35 is an initiative that will fight back against human trafficking and the sexual exploitation of women and children.  The facts are as follows: Human trafficking is a brutal human rights abuse. It is the fastest growing and second largest criminal industries in the world, second only to drug trafficking. It’s happening in our country, too. California harbors three of FBI’s 13 highest child sex trafficking areas in the nation: Los Angeles, San Francisco and San Diego. The prevalence and anonymity of the internet has fueled the rapid growth of sex trafficking, making the trade of women and children easier than ever before. For more on the facts of exactly what human trafficking is visit the Vote Yes On 35 website.

 “California law provides very limited options for prosecuting demand and victims of child sex trafficking or commercial sexual exploitation of children (CSEC) offenses are provided with little protection under the law as victims.” – California Report Card, Protected Innocence Initiative, Shared Hope International and American Center for Law and Justice, December 2011.

The U.S. Congress passed the “Trafficking Victims Protection Act of 2000″ (TVPA) which is updated and reauthorized every two years. Since TVPA applies only to federal cases tried in federal courts, each state is responsible to enact its own legislation to handle cases within the state. In 2005, California enacted the AB 22 California Trafficking Victims Protection Act (CTVPA), which established human trafficking for forced labor or services as a felony crime punishable by a sentence of 3, 4 or 5 years in state prison and a sentence of 4, 6 or 8 years for trafficking of a minor. Incredibly, there is no stated penalty for sex trafficking of a minor without force.

Proposition 35

Vote Yes on Prop 35

Human trafficking flourishes where the law is weak

California received an F on protecting victims of child sex trafficking in the recent state Protected Innocence Initiative report card, December 2011. This comprehensive analysis, evaluating each state’s existing laws, is conducted by Shared Hope International and the American Center for Law & Justice. This is why your involvement in voting yes on Proposition 35 is so very important. We need to look at the problem personally as though it were our child, sister or brother who were involuntarily involved. Imagine that someone had the power to change that situation and rescue them. It would mean everything to you and that’s how Californians must vote. As if it were that personal. While it doesn’t end the problem it is a step in the right direction.

When passed, we believe such an initiative will greatly deter the expansion of this crime by increasing the penalty and fines for perpetrators, implement more effective tools for law enforcement officers and, most importantly, bring a higher level of awareness to the citizens of California. – Brent J. Meyer, President of Sacramento Police Officers Association.

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