Despite questions, a bill that would give victims of human trafficking immunity from prosecution for prostitution advanced Wednesday in the Legislature.Â
Lincoln Sen. Patty Pansing Brooks, who introduced the bill (LB843), said Nebraska is vulnerable to human trafficking with the proximity of casinos across the river from Omaha and from Internet advertising.Â
In Nebraska, according to the Polaris Project & National Human Trafficking Resource Center, more than 600 human services providers say they've identified sex trafficking victims younger than 17, for a total of 176 young victims in the past year.
"There is plenty of evidence that human trafficking is a common occurrence at events like the College World Series, Nebraska football weekends, the State Fair, and even the annual Berkshire Hathaway shareholders meetings," Pansing Brooks said.
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The average age of a commercially sexually exploited child is 13, she said. This bill recognizes that when a woman or man turns 18 they are no less victims.
The bill as amended would make human trafficking an affirmative defense, mitigating the legal consequences of the defendant's otherwise unlawful conduct.Â
A person accused of prostitution could cooperate with law enforcement if human trafficking is involved and could be offered services.Â
"If you are trafficked you are not guilty of a crime," Pansing Brooks said.Â
A person who continues to tell police she or he has no pimp or is not being forced to sell sex can still be arrested and prosecuted, Pansing Brooks said.
The bill was amended to include a proposal by Lincoln Sen. Adam Morfeld to pay the full out-of-pocket cost charged to a sexual assault victim for a forensic sexual assault medical exam. The exams would be paid from the Sexual Assault Payment Program cash fund.Â
A question came up during debate about the wording of the bill in respect to how immunity would be granted. Sen. Paul Schumacher of Columbus said the wording was overly broad and could be granting special privileges. In his view, it would leave total discretion on immunity to law enforcement.Â
Omaha Sen. Burke Harr questioned whether the bill created the unintended consequence of encouraging prostitution, if people know they can't be convicted of it.Â
"This isn't the right way," he said of the bill. "It's feel-good, and I understand why, and I appreciate what Sen. Pansing Brooks is trying to do here." Â
Pansing Brooks said it was condescending to say it was feel-good legislation.Â
"There's nothing feel-good about the sale and abuse of human flesh. Nothing," she said.Â
Pansing Brooks said she worked extensively on the wording with the attorney general's office and county attorneys in Douglas and Lancaster counties.Â
The bill advanced to a second round of consideration on a 32-0 vote.Â