Virginia ranked among the bottom of states in how it deals with child trafficking in the first-ever state-by-state rankings by the nonprofit Shared Hope International.
The commonwealth scored poorly because it doesn't have a human- or sex-trafficking law and provides law enforcement with limited options for prosecuting "buyers." Virginia victims of domestic minor sex trafficking are "vulnerable due to gaps in the law," the report said.
"That makes me sad," said Midlothian resident Holly Austin Smith, who became a victim of sex trafficking in New Jersey after she ran away from home as a teenager. Smith now advocates for victims.
Virginia joins 24 other states and Washington, D.C., in rating an F. Only four states earned B's, and there were no A's issued, said Samantha Vardaman, the agency's senior director. The states that got B's have expansive criminal liability in place that enables "buyers" to be charged with a felony rather than a misdemeanor charge of prostitution.
"What is holding Virginia back is that the state does not have a human-trafficking law," she said.
But state Del. Vivian E. Watts, D-Fairfax, takes issue with the ranking and said she and other legislators spent two years working to make sure state laws enabled Virginia authorities to effectively prosecute trafficking and to eliminate loopholes. "All the work we did last year put us in a very strong posture," she said.
This year the General Assembly approved legislation, which the governor signed into law, requiring the Department of Social Services to develop a plan to provide services to victims of human trafficking. Legislation was also passed that makes soliciting, transporting or detaining a person younger than 16 a Class 2 felony, and aiding in those activities is a Class 5 felony. It also makes abduction of someone 16 or older for prostitution a Class 4 felony.
Vardaman credited Virginia with having "a lot of will, a lot of interest and caring" about the issue. "They're just on the beginning of the learning curve about this issue," she said.
Vardaman said she isn't sure why the state hasn't passed a stand-alone law but said there's "a general belief that they have the laws they need."
She said the law needs to identify human trafficking for commercial exploitation of children in particular as a specific crime.
The report also says Virginia has an insufficient number of shelters for victims and that agencies such as the Department of Social Services and Child Protective Services are not equipped to identify victims or provide for them.
But the report also says that the Richmond and Henrico County police departments have "demonstrated willingness to view the victims of this crime in a new light and collaborate on ways to combat the sexual exploitation of children in their communities." Smith, 33, said she spoke at a Henrico police training academy this year.
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