Columbia, S.C. – Once again, Senate Majority Leader Shane Massey has shown where his true priorities lie—choosing political expediency over standing up for South Carolina’s most vulnerable. On March 11th, during a meeting of the Senate Judiciary Committee, an amendment was introduced to ensure that victims of sex trafficking would not be charged with criminal prostitution. Shockingly, Senator Massey refused to support it.
This refusal is part of a troubling pattern. Time and again, Senator Massey has failed to stand up for the people who need protection the most, turning his back on common-sense measures that would safeguard victims and survivors. His decision not to support an amendment ensuring sex trafficking victims aren’t treated as criminals is just the latest example of his misplaced priorities.
“Shane Massey had a clear choice: stand up for victims of sex trafficking or continue to do the bidding of the powerful. He chose the latter,” said South Carolina Democratic Party Chair Christale Spain. “While he plays politics, real people—survivors, women, children—are left behind. South Carolina deserves leadership that fights for the vulnerable, not those looking out for their own interests.”
South Carolinians need and deserve elected officials who will protect victims, not punish them. The South Carolina Democratic Party stands firmly with survivors and will continue fighting for policies that put people first.
https://www.scstatehouse.gov/video/archives.php
Tuesday, March 11, 2025 2:00 pm
Senate Judiciary Committee — Full Judiciary Committee on S.111, S.126, S.233, S.235, S.336 and H.3529
S.235
32:40 Sen. Kimbrell
- Acknowledge that the majority are forced into prostitution due to human trafficking (80%+)
- Wanted to make sure they are forced to stand trial
- “These folks are victims”
- Provide justice for those who are forced into this lifestyle
34:24 Sen. Adams
- Is someone who chose this lifestyle able to use this statute to clear their name or who has to prove that they were trafficked
- “Kimbrell- yes they would have to prove that they were trafficked or coerced”
35:13 Sen. Walker
- It would function similarly to the “stand your ground” defense and would require the immunity pre-hearing
35:38 Sen. Massey
- Is the intention that the duress must be from trafficking or just the coercion
- “Is you couldn’t pay your bills duress”
36:45 Sen. Massey
- Look at the wording because his concern is that “duress and coercion are separate”
- Because he’s not convinced that coercion applies to victims of human trafficking
37:20 Sen. Kimbrell
- Gave an example from Ms. Pegin who testified to the fact that she was coerced into prostitution with the threat of releasing personal information about herself and her family
- That’s why both words are included because she was essentially blackmailed into this life.
- Provide a way for those who have been trafficked to not be prosecuted and to escape a lifestyle they did not choose. Massey Response ->
38: 42 Sen. Massey
- “I get that but I just want to make sure that the Senator from Spartanburg’s amendment isn’t creating an out and out for every person who’s charged with prostitution” because of the wording.
Sen. Rankin
- Duress or coerce mirrors existing trafficking statue
Sen. Massey
- So then it’s the staff’s interpretation that duress applies to the trafficking provision
39: 25 Staff Attorney
- I can clarify that with a clarification amendment that the duress does apply as a result of the person being a victim of trafficking and person(s)
39:33 Sen. Massey
- I don’t know if that is the Senator’s intent… but I don’t want to do something to allow for a defense for every prostitution charge.
40:20 Sen. Kimbrell
- We’re just trying to protect victims of human trafficking and we’re willing to make the clarifying amendment
- We don’t want to victimize them twice
- He, and others speaking, that if that amendment is necessary to please Massey, they will do it as they want to bring the focus to the actual issue at hand
40:45 Sen. Walker
- It’s important to take note of the first sentence “victim of trafficking and person(s)”
- The focus is on victims, not willfully engaged in prostitution
41:20 Sen. Rankin
- Let the staff make that technical but perfecting amendment
- Let’s offer it as an amendment on the floor
