CAASE worked to bring important changes for youth trafficking survivors to Illinois! Following federal sentencing reform efforts, HB 3414 (sponsored by Rep. Jiménez in the House and Sen. Simmons in the Senate) amends the unfair sentencing practices that impact criminalized youth trafficking survivors.

Legislation like HB 3414, also called the Prevent Unfair Sentencing of Youth Act, was formerly known as “Sara’s Law” in recognition of Sara Kruzan. Sara is a survivor of child sex trafficking who was sentenced to life in prison when she was only 17. Sara defended herself and her right to be free from a trafficker who had abused her since she was 11 years old. She was then wrongfully imprisoned for almost 20 years before being released and pardoned. Today, she’s an advocate for sentencing reform for child victims of sexual exploitation.

We’ve repeatedly seen this kind of injustice harm the lives of other youth survivors, such as Chrystul Kizer, Zephi Trevino, and Cyntoia Brown-Long. Youth survivors of sex trafficking are disproportionately at the intersections of marginalization and vulnerability. These children tend to be girls (mostly of color), LGBTQ youth, foster youth, youth who have experienced abuse and/or economic and housing insecurity, and disabled youth. 

The criminalization of survivors also particularly harms Black youth. Black girls and transgender children are less likely to be seen as child victims of gender-based violence, more likely to be hypersexualized and viewed as adults, and are too often criminalized instead of offered supportive services. This makes sex trafficking a factor in the sexual abuse-to-prison pipeline for girls and LGBTQ kids of color. 

To decrease the chances of survivors in Illinois facing such harsh criminalization, CAASE is championing this legislation, with our national partners at Rights4Girls, focused on limiting the sentencing terms of child trafficking victims. By passing HB 3414, Illinois is choosing to better protect child victims of sexual harm from suffering lifelong criminal penalties and support healing for youth survivors from marginalized communities.

Our leadership to protect youth survivors of sex trafficking continues with our advocacy for HB 3414. In 2010, CAASE  created and led the campaign to pass the Illinois Safe Children Act, making our state the first in the nation to prevent youth under 18 from being prosecuted for “prostitution.” Illinois law now recognizes that there is no such thing as a “child prostitute”. There are only youth survivors who need support and healing.   

HB 3414 Reforms the Criminal Legal System to See Youth as Victims of Sexual Harm 

Children should not be treated as adult criminals for defending themselves against an abuser. Survivor Cyntoia Brown-Long explains that when she experienced trafficking she “was always threatened [and] was always in survival mode.” The Prevent Unfair Sentencing of Youth Act provides an intervention so that youth can be identified as child victims of harm. This bill gives judges more discretion to consider the context of gender-based violence.

HB 3414 adds vital mitigating factors like domestic and sexual violence, and sexual exploitation, for judges to consider during sentencing. A judge can also reflect on a child’s involvement in the welfare system or identify other negative influences that may have contributed to a child’s victimization. This law moves us closer to a system where youth cases are examined in an age-appropriate and trauma-informed setting. 

HB 3414 Encourages a Trauma-Informed Judicial Response

Trafficking survivors frequently experience trauma that results in PTSD and dissociation. As Sara Kruzan recounts, “I was a child sex trafficking victim who endured horrific abuse and rape at the hands of my trafficker and other adult males.” In the current system, survivors are too often punished and revictimized in adult court instead of being treated with compassion. What is needed is the recognition of, and support for, the harms they’ve experienced. 

HB 3414 helps Illinois align with the human rights principles to foster the physical, psychological, and social recovery of child survivors of exploitation. This law allows judges to reduce or suspend a sentence, keep trafficking-related cases in juvenile court, and aims to provide victims with supportive services. This means that a youth can spend less time in custody and have a better opportunity to make a full life for themselves after the trauma of sexual violence. 

Thank You for Your Support on HB 3414! 

Our work advocating for survivors is a collective effort. We thank Ascend Justice, Family Rescue, Juvenile Justice Initiative, Law Office of the Cook County Public Defender, Life Span, The Network: Advocating Against Domestic Violence, Rights4Girls, The Voices and Faces Project, Women’s Justice Institute, and World Without Exploitation for their support on HB 3414. Now that’s it’s been signed into law, it will provide critical sentencing reform to keep children from being harshly criminalized and promote more pathways for youth to heal and grow. 

Update! HB 3414, the Prevent Unfair Sentencing of Youth Act, has been signed into law by the Governor.

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CAASE published this piece on February 27, 2023 and updated it on July 1, 2023. It was written by our Public Policy and Advocacy Associate, Tayler Mathews. Learn more about our staff here.