Proposition 35-Californians Against Sexual Exploitation ( CASE Act )

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Proposition 35 - Californians Against Sexual Exploitation (CASE Act)
The Superior Court ruling of In RE: N.C. failed to protect sexually exploited children according to the CASE Act. The court’s ruling overlooked section 1161 that safeguarded sexually exploited minors as victims of human traffickers, and not delinquents. The initial court ruling did not abide by the CASE Act and instead tried the minor under the juvenile court with two counts of prostitution. The Court of Appeals found that the court’s decision was misguided because it contradicted the CASE Act’s efforts to defend sexually exploited minors.
As discussed above, the CASE Act was unclear in defining who constituted CSEC and how minors were tried in the courts. In reviewing
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After defining the state-level CSEC program under SB 855, the Senate sought the need to draft another bill that would protect minors who engaged in prostitution-related conduct that, according to the bill’s conditions, would constitute a prostitution offense.
SB 1322 - Decriminalizing Prostitution of Minors
Introduced in 2012 and passed into law in 2016, SB 1322 changed the previous juvenile proceedings that applied to minors under CSEC. Cases in which a minor is engaging in prostitution-related acts, under SB 1322, are now treated as cases of abuse or neglect of the minor under the county child welfare agency, as defined in the Welfare and Institutions Code Sections 16524.6-16524.11. SB 1322 solidified under the law that a minor under the age of 18 cannot legally consent to sexual intercourse. Additionally, without the legal will to consent, any person over the age of 18 engaging in sexual intercourse with a minor would be committing a crime. The previous act did not delineate this distinction and hence criminalized children for soliciting or engaging in sexual acts. From the case law, N.C. was tried in the juvenile court and prosecuted for prostitution. The CASE Act failed to protect N.C.’s legal rights as a minor and if tried under the current SB 1322, N.C. would have been reported to
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