Massachusetts

There is a rebuttable presumption that a minor who was found delinquent based on allegations of prostitution participated as a result of being a victim of human trafficking.

Before or after arraignment in any juvenile delinquency or criminal proceeding against a sexually exploited minor alleging that the minor violated MA ST 272 § 53A, there is a presumption that a care and protection petition on behalf of such minor, or a minor in need of services petition shall be filed.
Provides that minors may avoid prosecution for prostitution unless they fail to substantially comply with services or if their welfare or safety so requires.

It is an affirmative defense to charges of prostitution that, while a human trafficking victim, such person was under duress or coerced into committing offenses for which such person is being prosecuted or against whom juvenile delinquency proceedings have commenced.

In the trial of criminal cases charging the use of force against another where the issue of defense of self or another, defense of duress or coercion, or accidental harm is asserted, a defendant shall be permitted to introduce either or both of the following in establishing the reasonableness of the defendant’s apprehension that death or serious bodily injury was imminent, the reasonableness of the defendant’s belief that he had availed himself of all available means to avoid physical combat or the reasonableness of a defendant’s perception of the amount of force necessary to deal with the perceived threat:
- (a) evidence that the defendant is or has been the victim of acts of physical, sexual or psychological harm or abuse;
- (b) evidence by expert testimony regarding the common pattern in abusive relationships; the nature and effects of physical, sexual or psychological abuse and typical responses thereto, including how those effects relate to the perception of the imminent nature of the threat of death or serious bodily harm; the relevant facts and circumstances which form the basis for such opinion; and evidence whether the defendant displayed characteristics common to victims of abuse.

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Allows for immediate vacatur of delinquency adjudications for prostitution and other related offenses if the defendant is or was a victim of child sex trafficking.
Provides details regarding how to vacate convictions for offenses committed as a result of being a victim of human trafficking.

Changes the definition of sexually exploited child to a minor who is the victim of the crime of sexual servitude pursuant to section 50 of chapter 265 or is the victim of the crime of sex trafficking as defined in 22 United States Code 7105; engages, agrees to engage or offers to engage in sexual conduct with another person in return for a fee, in violation of subsection (a) of section 53A of chapter 272, or in exchange for food, shelter, clothing, education or care; (3) is a victim of the crime, whether or not prosecuted, of inducing a minor into prostitution under by section 4A of chapter 272; or engages in common night walking or common streetwalking under section 53 of chapter 272.