REPORT TITLE:
Prostitution; Coercion


DESCRIPTION:
Provides a civil cause of action for damages to persons injured
as a result of being coerced into prostitution.  (CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            C.D. 1
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PROSTITUTION.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that those who promote
 
 2 prostitution leave life-long physical, emotional, and financial
 
 3 scars on their victims, often in the form of personal injury,
 
 4 disease, mental or emotional harm, and medical and rehabilitation
 
 5 expenses, as well as the loss of past or future income or earning
 
 6 capacity.  In some cases, even death may result.
 
 7      Although the criminal justice system is an important weapon
 
 8 against prostitution and the promotion of prostitution, the civil
 
 9 justice system can and must also be used.  The civil justice
 
10 system can provide an avenue of compensation for those victims
 
11 who have suffered harm as a result of the promotion of
 
12 prostitution.  Those who promote prostitution should bear the
 
13 cost of the harm, including noneconomic damages, caused by that
 
14 activity in the community.
 
15      The legislature finds that this is especially true for those
 
16 who coerce an individual into prostitution.  Under current law,
 
17 if a person knowingly compels a person by criminal coercion to
 
18 engage in prostitution, or profits from another's coercive
 
19 conduct, that person commits the felony offense of promoting
 
20 prostitution in the first degree.
 

 
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 1      The legislature further finds that the added threat of civil
 
 2 liability to those who coerce individuals into prostitution, or
 
 3 profit by that coercion serve as an additional deterrent to the
 
 4 promotion of prostitution.  A person who has substantial assets
 
 5 is likely to decide that the added cost of engaging in that
 
 6 activity is not worth the benefit.  This Act therefore provides a
 
 7 mechanism whereby the cost of the injuries caused by coercing a
 
 8 person into prostitution will be borne by those who promote
 
 9 prostitution.  The legislature finds that this Act is necessary
 
10 to protect the health, safety, and welfare of the people of this
 
11 State.
 
12      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 
13 a new chapter to be appropriately designated and to read as
 
14 follows:
 
15                             "CHAPTER
 
16             LIABILITY FOR COERCION INTO PROSTITUTION
 
17      �   -1 Title.  This Act may be cited as the Prostitution
 
18 Coercion Liability Act.
 
19      �   -2 Definitions.  As used in this chapter:
 
20      "Coerce" means to use or threaten to use any form of
 
21 domination, restraint, or control for the purpose of causing an
 
22 individual to engage in or remain in prostitution or to
 
23 relinquish earnings derived from prostitution.  Coercion exists
 

 
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 1 if the totality of the circumstances establish the existence of
 
 2 domination, restraint, or control that would have the reasonably
 
 3 foreseeable effect of causing an individual to engage in or
 
 4 remain in prostitution or to relinquish earnings derived from
 
 5 prostituion.
 
 6      "Prostitution" has the same meaning as provided in section
 
 7 712-1200.
 
 8      "Promoting prostitution" means promoting prostitution in the
 
 9 first or second degree, as provided in sections 712-1202 and 712-
 
10 1203, respectively.
 
11      �   -3 Cause of action for coercion into prostitution.  An
 
12 individual has a cause of action against a person who:
 
13      (1)  Coerced the individual into prostitution;
 
14      (2)  Coerced the individual to remain in prostitution;
 
15      (3)  Used coercion to collect or receive any of the
 
16           individual's earnings derived from prostitution; or
 
17      (4)  Hired, or attempted to hire the individual to engage in
 
18           prostitution, when a reasonable person would believe
 
19           that the individual was coerced into prostitution by
 
20           another person.
 
21      Paragraph (3) shall not apply to minor children who are
 
22 dependent on the individual and who may have benefited from or
 
23 been supported by the individual's earnings derived from
 

 
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 1 prostitution.
 
 2      �   -4 Evidence.  Acts that may serve as evidence in
 
 3 support of a claim under section    -3 include but are not
 
 4 limited to:
 
 5      (1)  Physical force or threats of physical force;
 
 6      (2)  Physical or mental torture;
 
 7      (3)  Leading an individual to believe that the individual
 
 8           will be protected from violence or arrest;
 
 9      (4)  Kidnapping;
 
10      (5)  Blackmail;
 
11      (6)  Extortion;
 
12      (7)  Threat of criminal prosecution for any violation of the
 
13           law;
 
14      (8)  Threat of interference with parental rights;
 
15      (9)  Restriction or interference with speech or
 
16           communication with others;
 
17     (10)  Isolation;
 
18     (11)  Exploitation of pornographic performance;
 
19     (12)  Interference with opportunities for education;
 
20     (13)  Destroying property of the individual; 
 
21     (14)  Restriction of movement; or
 
22     (15)  In the case of a person coerced while a minor:
 
23           (a)  Exploiting needs for food, shelter, safety,
 

 
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 1                affection, or intimate relationship;
 
 2           (b)  Exploiting a condition of developmental
 
 3                disability, cognitive limitation, affective
 
 4                disorder, or substance dependency;
 
 5           (c)  Promise of legal benefit, such as posting bail,
 
 6                procuring an attorney, protecting from arrest, or
 
 7                promising unionization;
 
 8           (d)  Promise of financial rewards; or
 
 9           (e)  Defining the terms of an individual's employment
 
10                or working conditions in a manner that is likely
 
11                to lead to the individual's use in prostitution.
 
12      �   -5 Damages.  A person entitled to bring an action under
 
13 section     -3 may recover all of the following damages:
 
14      (1)  Economic damages proximately caused by coercion into
 
15           prostitution;
 
16      (2)  Noneconomic damages proximately caused by coercion into
 
17           prostitution;
 
18      (3)  Exemplary damages;
 
19      (4)  Reasonable attorney's fees; and
 
20      (5)  Costs of suit, including reasonable expenses for expert
 
21           testimony.
 
22      �   -6 Joinder of parties.(1)  In the discretion of the
 
23 court, two or more persons may join in one action under this
 

 
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 1 chapter as plaintiffs if their respective actions involve an
 
 2 individual who engages in promoting prostitution by coercion.
 
 3      (2)  In the discretion of the court, two or more persons may
 
 4 be joined in one action under this chapter as defendants if those
 
 5 persons may be liable to at least one plaintiff.
 
 6      �   -7 Statute of limitations.(1)  A claim under this
 
 7 chapter may not be brought against a person more than two years
 
 8 after an act of promoting prostitution by coercion by that
 
 9 person.
 
10      (2)  The limitation period provided for in this chapter is
 
11 tolled:
 
12      (a)  During the minority of the individual who engages in
 
13           prostitution; or
 
14      (b)  Any time there is a criminal offense investigation
 
15           being actively conducted against the defendant by a
 
16           governmental agency or there is a criminal offense
 
17           charge, information, or indictment pending against the
 
18           defendant.
 
19      �   -8 Stay of action.  On motion by a governmental agency
 
20 involved in an investigation or prosecution for promoting
 
21 prostitution, an action brought under this chapter shall be
 
22 stayed until the completion of the criminal investigation or
 
23 prosecution that gave rise to the motion for a stay of the
 

 
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 1 action.
 
 2      �   -9 Other remedies preserved.  The remedies provided
 
 3 under this chapter do not restrict the right of any person to
 
 4 bring an action under other law, including common law, to recover
 
 5 damages arising out of the use of the individual in prostitution
 
 6 or the coercion incident to the individual being used in
 
 7 prostitution; nor does this chapter limit or restrict the
 
 8 liability of any person under other law."
 
 9      SECTION 2.  This Act does not affect rights and duties that
 
10 matured, penalties that were incurred, and proceedings that were
 
11 begun, before its effective date.
 
12      SECTION 3.  If any provision of this Act or the application
 
13 of any provision to any person or circumstance is held invalid,
 
14 the remainder of this Act and the application of such provision
 
15 to any other person or circumstance shall not be affected by that
 
16 invalidation.
 
17      SECTION 4.  This Act shall take effect upon its approval.