Supreme Judicial Court Cites Julie Dahlstrom’s Amicus Brief in Trafficking Case
Dahlstrom’s work influenced court‘s decision to uphold the constitutionality of the Massachusetts human trafficking statute.
BU Law Clinical Legal Fellow Julie Dahlstrom’s amicus brief was cited in the Massachusetts Supreme Judicial Court’s August 13 decision in sex trafficking case Commonwealth v. McGhee.
At issue in the case was the constitutionality of the Massachusetts human trafficking statute, which was enacted in 2011. Massachusetts’s statute does not require that a defendant use force or coercion to establish sexual servitude or trafficking, whereas the federal human trafficking statute does. The defendants of Commonwealth v. McGhee argued that the Massachusetts statute is unconstitutionally vague, and that because it lacks these requirements, the statute could be arbitrarily applied. The court unanimously decided to uphold the statute, concluding that it is clearly defined. Their decision helped further clarify the definition of sex trafficking, and supports policies that treat prostituted women as victims rather than offenders.
The case centered around two defendants’ participation in a sex trafficking organization, wherein they convinced three vulnerable women to engage in prostitution. The defendants, Tyshaun McGhee and Sidney McGee, advertised the women’s services online, and transported them to male clients’ locations. They kept the majority of the women’s earnings for themselves, and provided only drugs and a place to stay in return.
Dahlstrom’s amicus brief, written on behalf of several domestic violence and human trafficking interest groups, defended the Massachusetts statute as a necessary, constitutional addendum to the federal statute. In the brief, Dahlstrom and her co-authors write: “…state laws, like the Massachusetts Anti-Trafficking Statute, provide an important and essential supplement to the TVPA (Trafficking Victims Protection Act) by dedicating additional resources to investigate, prosecute, and deter trafficking.” The brief also illustrated the depth of the human trafficking problem, explaining the need for action to combat it. “Our amicus highlighted the compelling constitutional arguments in support of the Massachusetts human trafficking statute,” says Dahlstrom, “while providing the court with statistics to inform them about the nature of this problem in Boston.”
Dahlstrom sees the court’s decision as a significant victory for human trafficking survivors. “Too often, the public believes that human trafficking affects foreign nationals kidnapped and brought to the United States. While this does happen, this case involved US citizen women who were homeless and vulnerable,” she says. “By upholding the human trafficking statute, the court found that such defendants cannot operate with impunity.”
Dahlstrom has devoted much of her career and scholarship to enacting and upholding anti-trafficking policies. She serves as director of BU Law’s Human Trafficking Clinic, a member of the Massachusetts Human Trafficking Task Force, and senior staff attorney at Casa Myrna Vazquez, where she represents survivors of commercial sexual exploitation.
The BU Law Human Trafficking Clinic, just the second program of its kind in the country, gives students the opportunity to provide legal representation for trafficking victims, and to work on advocacy and law reform issues. The projects that the clinic’s faculty and students work on have a tangible impact and lasting effects in the fight against human trafficking. In 2013, for example, the clinic helped publish the first-ever legal guide to human trafficking for attorneys, titled “Representing Victims of Human Trafficking in Massachusetts: A Guide for Attorneys.” The guide, written by associates at WilmerHale, and edited by Dahlstrom, former WilmerHale Senior Associate Seth Orkand, and Assistant Attorney General Deborah Bercovich is a comprehensive resource that helps attorneys determine how to best help victims.
The Human Trafficking Clinic also recently hosted a class taught by Attorney General Maura Healey at the Attorney General’s Office on November 3. Healey, who works avidly on anti-trafficking policies, discussed her approach and record on fighting human trafficking. Deborah Bercovitch, assistant attorney general and chief of the AGO Human Trafficking Prosecution Unit, and other members of the Massachusetts Attorney General’s Office joined Healey to talk about prosecuting human trafficking crimes. The informative class represents the dedication of the clinic to raising awareness of the issue, and to making efforts to end human trafficking.