30489793 EXHIBIT TO THE DECLARATION OF VALIANT RICHEY IN SUPPORT OF KING OPPOSITION TO PLAINTIFF ?8 MOTION TO DISQUALIFY THE PROSECUTING OFFICE, TO DISMISS THE CRIMINAL COMPLAINT EXHIBIT 30489793 Responding to Prostituticn and Bertrand in King Countv Carrent Approach Cases involving minors engaged in prostitution: All referrals for minors involved in prostitution in King County are handled by the FAQ. From 2008-2012, the of?ce ?led an average of 22 prostitution charges against minors per year. However, there were only 8 charges ?led in 2011 and 4 in 2012. I RCW 13.40.213 requires that all ?rst offenses for juvenile prostitution are diverted. The FAQ has entered into an informal agreement with probation, Youthcare and Harborview to craft a diversion program that includes class at HMC and Youthcare in order to successfully complete a diversion for prostitution. - Subsequent prostitution referrals are handled in a variety of ways. Some are ?led as criminal charges; others may be diverted. Disposition may include further services through Youthcare or probation. All customers of minors engaged in prostitution are referred to the PAO for the crime of Commercial Sexual Abuse of a Minor. For 2007 to 2012, King County ?led an average of six CSAM charges per year. These cases are typically resolved as an Assault 2, with a positive sexual deviancy evaluation. We are not aware of a CSAM charge ever going to a jury for verdict in King County. 0 Over the last ?ve years, for filings involving juvenile prostitution, 80% of charges ?led were for prostitution and 20% were for CSAM (114 total prostitution charges ?led and 29 CSAM charges from 2007-2012). However, in 2012 the FAQ ?led 10 CSAM and 4 prostitution charges, indicating a shift in referrals from the police. 0 There are no written FADS for referrals involving juvenile prostitution, CSAM or Promoting CSAM. a Police refer adult prostitution cases to numerous municipal prosecutors? of?ces and to the PAO. At the PAO, prostitution cases are ?led if determined to be suf?cient. The cases are typically resolved through plea and straight con?nement. There are no services or probation for prostitution charges in King County District Court. 30489793 0 Adults accused of patronizing adult prostitutes are charged if the case is deemed to be suf?cient. The cases are typically resolved through a plea and straight con?nement. There are no services or probation for convicted johns in King County District Court. 0 There are no written ADS for adult prostitution or patronizing cases at the FAQ. 0 Based on a FAQ survey of municipalities in King County as well as the own numbers, prosecutor?s of?ces in King County filed adult prostitution charges at a rate approximately 3 times higher than patronizing charges: 73% of charges ?led were for prostitution with 27% for patronizing (2,019 prostitution charges and 735 patronizing). 0 Rates for adult prostitution ?lings have increased between 2007 and 2012. Rates for juvenile prostitution ?lings have decreased dramatically between 2010 and 2012. Total King County Prostitution Charges - Total King County Prostitution Charges - Adults Minors 400 60 3 35? 3 50 ??300 1Patronizing 150 i Prostitution 20 I Prostitution 5 100 1 3% 52.2008 2009 2010 2011 2008 2009 2010 2011 2012 Year Year Prosecuting Prostitistion The capacity to arrest and charge persons engaged in prostitution can be a useful tool in the ?ght against commercial sexual exploitation because it can assist victims while holding pimps and johns accountable: - In some cases, the only way to reach victims of prostitution is through arrest and prosecution; little community outreach and secure shelter currently exists in WA.1 I A judge can order treatment for juveniles in the criminal justice system. Boyer, Debra. ?Who Pays the Price? Assessment of Youth Involvement in Prostitution in Seattle? (2008) (citing the lack of early intervention services, such as street outreach) 30489793 I- Temporary con?nement or court-ordered shelter can help an exploited youth break away from a pimp, even if temporarily. 4! The threat of prosecution can also be useful as a tool to encourage youth who are reluctant due to fear or loyalty to offer evidence against their pimps. Although dispositions for adult prostitution in King County typically involve straight jail time, research indicates that alternatives to straight confinement for prostitution are effective in curbing the occurrence of prostitution.2 For example, there is evidence that a dedicated residential recovery program, with wraparound mental health, chemical dependency, and educational and vocational services provided by well-trained specialists both on-site and in the community, can help victims escape prostitution. A recent study shows that comprehensive services can result in signi?cant reductions in substance use and mental health among women engaged in prostitution as well as reduced recidivism.3 Consistent with this research, some local jurisdictions have implemented alternative methods of handling adult prostitution charges. For example: 0 Seattle: Seattle?s current ?ling standard for prostitution is that a case is ?led if ?the admissible evidence is of such convincing force as to make it probable that a reasonable and objective fact ?nder would convict a?er hearing all the admissible evidence and the most plausible defense which would be raised.? However, Seattle has recently implemented a policy decision to begin shifting its focus on johns and giving prosecutors the option to deviate from the ?ling standard for prostitution. 0 Portland: Portland launched a program in 2009 called Portland New Options for Women. The program focuses on providing prostitutes with treatment rather than prosecuting them.4 A district attorney in Portland reports that Portland has only ?led a handful of cases charging prostitution in the last three years. Prosecuting {trimaran ?Economics tells us that the elimination of demand will prevent the production of supply; yet, the elimination of supply will do nothing to prevent demand. Therefore, in order to stop the commercial sexual exploitation of chi ldren, advocates need to be able to develop e?ective demand?side strategies. Georgia study 5 2 Burnette, ML, Schneider, R., Timko, C., and Ilgen, MA. Impact of Substance- Use Disorder Treatment on Women Involved in Prostitution: Substance Use, Mental Health, andProstitution One Year after Treatment. I Stud Alcohol Drugs. January 2009, 3 I 4 http: 5 5 ?Men Who Buy Sex with Adolescent Girls: A Scientific Research Study?, hl 1D i 0111 cnsl?lmdi .orut'sucsiw I'nct .omil'il Chili?s Pi'l'hc Sc hamrot'j mu pt] corniaDcm antlS lLILly. pull. 30489793 Demand drives the sex trafficking industry. Without demand, sex trafficking would not exist.6 For example, in January of 1999, Sweden enacted a law that criminalized prostitution only for those purchasing sex, not for sellers of sex. 7 As part of this policy, police prosecutor?s necessarily shifted their focus to the buyers of sex, the ?johns?. Reports from the Swedish government show prostitution in Sweden plummeted from over 2,500 prostituted women in 1995 to only 300 prostituted women (and 50 prostituted men) in 2008.8 Research indicates that demand can be addressed through a credible threat of arrest and prosecution. 0 Johns respond to threat of arrest: In a Department of Justice funded study, a research group found that arrested johns had a 70% drop in recidivism rates compared to non-arrested johns who were contacted by social services.9 0 Johns respond to threat of jail time: In addition to arrest, the threat of jail time deters johns. A study interviewed 526 men consisting of sex buyers and non-sex buyers in Boston and sex buyers in England, Chicago, and Scotland. The study asked participants whether certain consequences would deter them from buying sex. The results show that men are extremely receptive to criminal penalties, including sex offender registration and prison time 0 Of the deterrents in the study, jail time is the most effective because it avoids due process or cruel and unusual punishment challenges which may be brought up on public shaming of johns. Public shaming also targets innocent family members of ohns.ll 0 Time in jail does not need to be extensive to be effective. Another study in Oakland, CA, found that 88% of the men reported the threat of a $2,000 fine would deter them from buying sex and 83% said the threat of three 5 Janice G. Raymond, Prostitution on Demand: Legalizing the Buyers as Sexual Consumers 10 VIOLENCE AGAINST WOMEN 156, 1170 (2004) (citing that male demand is the most immediate proximate cause of the expanding sex trafficking industry) 7 ?Prohibiting Sex Purchasing and Ending Trafficking: The Swedish Prostitution Law?, 11111:) .nwst i tuii iuu'escarch. cum an Pruh ihi tinaSc lindi nu'l?ral?l'i c1; inn Mi chic. lnt' 20 writ" 8 Id. 9 ?Clients of Prostitute Women: Deterrence, Prevalence, Characteristics, and Violence,? litlns 2 142:5 {nil-11111111532 I 81353 . ml 1" 1? Comparing Sex Buyers with Men Who Don?t Buy Sex," (Participants ranked the following deterrents in order: 1) Added to a sex offender registry 2) Photo or name in a local newspaper 3) Photo or name on a billboard/poster 4) Time in prison 5) Picture or name on Internet 6) Letter sent to family members 7) Suspension of driver?s license 8) Greater criminal penalty 9) Car impounded 10) Greater monetary fine 11) Community service 12) Attend an educational program hurl11"7'uaklandnorth rim-c.0201 21"? HI rnum be Eta?the ?runs-tr 30489793 weeks in jail would deter them from buying sex.12 Increased focus on demand by police would be successful in creating deterrence because police departments get ?substantial and highly publicized results from conducting prostitution sting operations and reverse-sting operations.? 13 {Srineiusions Prostitution Demand ?2 Id. Research indicates that prostitution can be reduced by providing services rather than solely imposing jail time. We have found no research indicating that prosecution of persons engaged in prostitution reduces the occurrence of prostitution. Currently, entities in King County prosecute prostitution at a much greater rate than solicitation. Additionally, the King County District Court offers no services as a part of a prosecution for prostitution. The FAQ should lead an effort to de-emphasize prosecution of prostitution in favor of services to defendants. The FAQ should develop FADS for all referrals for juvenile and adult prostitution, as well as PCSAM. Research indicates that consumers of sex respond to a credible threat of arrest and prosecution. Currently, there is not a credible threat of arrest and prosecution in King County. In fact, according to a survey of cities in King County, the threat of prosecution is much greater for persons engaged in prostitution than for consumers. The FAQ should lead an effort to re-emphasize the investigation, referral and ?ling of cases against consumers. The PAO should develop FADS for all referrals for CSAM and Patronizing. 13 ?Addressing Demand: Why and How Policymakers Should Utilize Law and Law Enforcem ent to Target Customers of Commercial Sexual Exploitation? (citing Office of Cmty. Oriented Policing Servs, U.S. Dep?t of Justice, Sting Operations at 5-6 (Response Guides Ser. No. 6, 2007)), filhedererv (H-212. adl'