Criminal Justice (Human Trafficking)

S 54 would repeal Vermont’s laws criminalizing consensual sex work between adults and "indiscriminate sexual intercourse" for hire, while maintaining felony penalties for human trafficking. It directly affects adult sex workers who engage voluntarily, removing criminal penalties for their work. The bill replaces outdated laws (dating to the early 1900s) with a focus on protecting those compelled into sex work through force, fraud, or coercion. The legislation cites research showing criminalization increases health risks and safety threats for sex workers, aligning with a 2018 Johns Hopkins study on the harms of sex work laws.

H.190 repeals Vermont's century-old laws that criminalized consensual sex work between adults and "indiscriminate sexual intercourse," while maintaining strict felony penalties for human trafficking involving force, fraud, or coercion. The bill directly affects adult sex workers engaging in voluntary, consensual transactions by removing criminal penalties for their work. Key provisions include repealing Chapter 59 of Vermont law (prostitution statutes) and preserving existing trafficking laws under 13 V.S.A. chapter 60, which define coercion broadly to include debt bondage, threats, and exploitation of immigration documents. This policy change aims to reduce health and safety risks for sex workers by ending criminalization, based on evidence linking such laws to increased violence and reduced access to healthcare.

This bill designates Vermont's Attorney General as the primary enforcement authority for specific criminal cases, directly affecting how these cases are handled by state prosecutors. It requires the Attorney General to lead prosecutions in 13 defined categories, including cases involving law enforcement excessive force, crimes by elected officials, multi-county offenses, human trafficking, public assistance fraud, and certain wildlife violations. State's Attorneys may still handle these cases if they stipulate with the Attorney General, but without such agreement, the Attorney General takes primary responsibility. The changes will take effect on September 1, 2025.

Vermont's H 299 prevents Family Court cases from being transferred to criminal court when the person involved is a child or youth victim of human trafficking. The bill requires Family Court to retain jurisdiction over such cases if the court finds clear evidence the child was a victim of human trafficking, sexual assault, or related crimes defined in state law. Key provisions mandate that courts hold hearings to verify victim status and explicitly prohibit transferring cases involving these specific offenses. This directly affects minors in Family Court proceedings who are identified as trafficking victims, keeping their cases in the juvenile justice system. The law takes effect on July 1, 2025.