Posted: | December 2, 2020 10:29 AM |
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From: | Representative Natalie Mihalek |
To: | All House members |
Subject: | Protecting Human Trafficking Victims |
In the near future, I plan to introduce a bill that will amend the Human Trafficking statute, specifically Section 3018 of Title 18, to prohibit defendants from introducing evidence of a human trafficking victim’s past sexual victimization and allegations of past sexual victimization in any prosecution arising under Chapter 30 (relating to human trafficking). Section 3018 prohibits the introduction of evidence based upon the victim’s prior sexual history. Historically, that provision tracked the language of Pennsylvania’s Rape Shield Law. Through the enactment of Act 24 of 2019, the Rape Shield Law currently proscribes the introduction of evidence relating to a victim’s past sexual conduct, opinion evidence of a victim’s past sexual conduct, reputation of a victim’s past sexual conduct, evidence of a victim’s past sexual victimization, and allegations of sexual victimization. This legislation ensures that victims of human trafficking are afforded the same protections as victims of other sexual offenses under Chapter 31 and prohibits the introduction of evidence that would further re-victimize human trafficking victims and discourage other victims from testifying. Please consider joining me in cosponsoring this important legislation. |
Introduced as HB246