and (5) evaluate the state’s progress in preventing trafficking,
prosecuting traffickers, and protecting victims. 242
Further, New York’s statutory framework creates a broad
structure for victim assistance. The state established the New York
State Response to Human Trafficking Program (“RHTP”), overseen
by the New York State Office of Temporary and Disability
Assistance, to ensure victims of sex trafficking have access to and
receive the services that they need. 243 The services offered to human
trafficking victims include: “case management, emergency temporary
housing, health care, mental health counseling, drug addiction
screening and treatment . . . job training, and placement
assistance.” 244 Lastly, New York allows sex trafficking victims to file
a motion to vacate a judgment of conviction for loitering for the
purpose of engaging in a prostitution-related offense if: (1) the victim
was initially arrested for loitering for the purpose of engaging in a
prostitution-related offense; and (2) the victim was not alleged to
have been loitering for the purpose of patronizing a prostitute,
promoting prostitution, or engaging in prostitution; and (3)
participation in the offense was the result of being a victim of sex
trafficking as defined under state law or the TVPA. 245
New York does not have statutory provisions for the
following Polaris Project categories: asset forfeiture and civil
remedies for victims; the posting of a national hotline; or removing
force, fraud, or coercion as a requirement for a successful prosecution
alleging the sex trafficking of minors. 246
B. Washington state: gap-filling provisions to supplement
New York state’s failings
Under the frameworks outlined by Shared Hope International
and the Polaris Project, there are a number of categories where New
York law does not provide appropriate legislative responses. In 2012,
242 See N.Y. SOC. SERV. LAW § 483-ee(b)(1)–(4), (7).
243 See HINES & HOCHMAN, supra note 129, at 17.
244 See N.Y. SOC. SERV. LAW § 483-bb(b) (McKinney 2013).
245 N. Y. CRIM. PROC. LAW § 440.10(1)( i) (McKinney 2013).
246 See NEW YORK STATE REPORT: STATE RATINGS 2012, supra note 227, at 1.