STATEHOUSE (Oct. 29, 2021) – State Rep. Wendy McNamara (R-Evansville) announced she plans to reintroduce legislation next session to crack down on human trafficking and strengthen support for victims.
McNamara, chair of the House Committee on Courts and Criminal Code, said she will re-introduce legislation, said she will offer legislation, which passed the House in 2021, to help protect young human trafficking victims by allowing them to provide a recorded video statement instead of being physically present in a courtroom with their attacker.
Currently, Indiana law requires Hoosiers 15 years old or older at the time of a trial to testify in court. McNamara’s proposal would allow survivors 14 years old or younger at the time of their assault to submit a video statement for court procedures if they are younger than 18 at the time of the trial.
Additionally, the legislation would also increase sentencing for perpetrators whose victims are under the age of 18 and require local organizations or agencies to report investigations of human trafficking to the Indiana Attorney General’s Office.
Currently, individuals who offer to or pay for sex acts can only be prosecuted with a Level 5 felony if they pay the trafficker directly. According to law enforcement, it is difficult to prosecute suspects as the majority of transactions occur between the perpetrator and the victim. Under McNamara’s proposal, a person could be convicted of the felony regardless of whether they pay the victim or the trafficker directly.
“We can do more to protect victims of human trafficking who have already been through so much,” McNamara said. “This common-sense approach will encourage more victims to testify and ultimately put more traffickers behind bars. It’s my hope this legislation delivers a clear message to all who traffic Hoosier youth and adults in Indiana that they will be held accountable for their heinous actions.”
The Interim Study Committee on Corrections and Criminal Code this week voted 11-1 to recommend the House-approved version of House Bill 1200 for the next legislative session, which begins in January.
Linda Reich, wife of Indianapolis Colts Coach Frank Reich, testified in favor of the legislation at the committee meeting on Tuesday. Linda and Frank Reich are founders of  the Indianapolis-based nonprofit kNot Today, which raises awareness about the crime and helps restore the lives of trafficking survivors.
“From California to Philadelphia, the Carolinas and, now, Indiana, we know this is an epidemic that needs to be addressed through broader awareness and education, legal accountability, and increased support for trauma-informed restoration,” Linda Reich said. “Upon moving to Indiana in 2018, we were very encouraged to see the state already taking strong action to prosecute sex buyers. The provisions outlined by Representative McNamara in House Bill 1200 would continue to enhance the fight against trafficking in Indiana. We implore the Indiana State Legislature to pass HB 1200 as soon as possible to hold sex buyers accountable under the law.”
McNamara authored and sponsored several laws regarding sex trafficking over the years, such as raising the age to marry from 15 to 16 years old, to help prevent young Hoosiers from being sold and forced into marriage. She also worked on a law strengthening the rights of sexual assault victims and another law enhancing the penalty for child seduction.
According to the National Human Trafficking Hotline, 157 human trafficking cases were reported in Indiana in 2019, which is a 19% increase from 2018. Â If someone is suspected to be a victim of human trafficking, it should be reported immediately to the National Human Trafficking Hotline at 1-888-373-7888. For more information, visit humantraffickinghotline.org.
A criminal defendant has the right “to be confronted with the witnesses against him†under the Sixth Amendment. Typically this means that the State must present all evidence, including testimony of witnesses, it is using to prove guilt in open court, and to give the defendant the opportunity to cross-examine witnesses and challenge the evidence.
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