Statement of Russ Giuntini, Chief Assistant District Attorney, SF | | Print | |
Statement of Russ Giuntini, Chief Assistant District Attorney, City and County of San Francisco For the past four and a half years, I have served as the Chief Assistant District Attorney for the City and County of San Francisco. I also served as a prosecutor in the Alameda County District Attorney’s Office for 25 years. I have prosecuted hundreds of cases in state and federal court, including prostitution and other related sex-crimes. I have reviewed the text of Proposition K, a municipal initiative scheduled for the November 4, 2008 San Francisco ballot, as well as the arguments submitted against the measure for inclusion in the voter information pamphlet. If enacted by voters, Proposition K will decriminalize prostitution in San Francisco – which will have severely adverse consequences on San Francisco’s ability to investigate and prosecute related criminal offenses. In my opinion, Proposition K will effectively prohibit the investigation and prosecution of human trafficking crimes in San Francisco by the Office of the District Attorney. Proposition K decriminalizes prostitution and severely limits the enforcement of the state’s prostitution laws in San Francisco. Individuals arrested for prostitution commonly are the exclusive source of information used to discover, investigate and prosecute human trafficking crimes under the California Trafficking Victims Protection Act, enacted in 2005. Proposition K completely forecloses the City’s main source of information in prosecuting these crimes, as testimony from young women trapped in brothels and massage parlors is the primary source of evidence relied on by the San Francisco Police Department and the District Attorney’s office in its investigations. The investigation of massage parlors resulting from prostitution offenses directly leads to prosecution of human trafficking crimes. By decriminalizing prostitution, the City’s law enforcement officials will be unable to discover illegal human trafficking activity in San Francisco. In other words, there is a direct link between prostitution arrests and the prosecution of human trafficking crimes. Similarly, the investigation and enforcement of prostitution offenses is critical to the enforcement of pimping and pandering crimes. Again, young women arrested for prostitution offenses provide the primary source of information used to investigate and prosecute individual pimps. An individual cannot be prosecuted for pimping and pandering unless the underlying offense – prostitution – is established. By decriminalizing prostitution in San Francisco, Proposition K decriminalizes pimping and pandering and the prosecution of pimps. The vast majority of prostitutes work for, and are controlled and exploited by, traffickers and pimps. Under Proposition K, law enforcement would be prevented from using public funds to go after traffickers and pimps because police would be prevented from investigating and rescuing trafficked victims. This effectively means that sexual exploitation of girls and women would go virtually unchecked with the hands of law enforcement tied. Law enforcement cannot investigate traffickers, pimps, johns and child molesters without first rescuing and interviewing their victims. Passing Measure K would be analogous to barring the arrests and prosecution of illegal drug dealers by preventing law enforcement from investigating illegal drug purchasers or people with drug addiction problems. By barring the Police Department and District Attorney’s Office from using public resources to investigate prostitution, Proposition K will prevent undercover operations aimed at arresting johns, pimps, and human traffickers. These investigations have been highly successful in recovering juvenile female runaways who have been targeted and abused by pimps and put out on the street to work as prostitutes. These investigations have succeeded in identifying traffickers, pimps, and child molesters. Barring the Police Department and District Attorney’s Office from securing federal grants to combat human trafficking eliminates important source of support for these investigations. For example, federal funds have been used to educate firefighters, paramedics, building inspectors, and health officials on the signs and symptoms of human trafficking. These trainings have significantly improved our capacity to uncover and shut down illegal massage parlors and brothels. If enacted by voters, Proposition K will decriminalize prostitution in San Francisco – which will have severely adverse consequences on San Francisco’s ability to investigate and prosecute related criminal offenses. |
Opponents of Prop K
Groups Voting NO on Prop K
African American Democratic Club
Alice B. Toklas LGBT Democratic Club
Asian Pacific Democratic Club
Asian Week
Bay Area Reporter
Black Women Organized for Political Action
Chinese American Democratic Club
City Democratic Club
Coalition Against Trafficking in Women
Coalition for SF Neighborhoods
Community Leadership Alliance
Democratic Women's Forum
District 11 Democratic Club
ECPAT-USA
Irish American Democratic Club
Not for Sale
Raoul Wallenberg Democratic Club
The San Francisco Chronicle
San Francisco Examiner
San Francisco Labor Council
San Francisco Women’s Political Caucus
The Senior Action Network
SPUR (San Francisco Planning & Urban Research)
Soroptimist International of El Cerrito
Students & Artists Fighting to End Human Slavery
Tenant Associations Coalition PAC
The following individuals oppose San Francisco Proposition K
San Francisco Elected Officials
District Attorney Kamala Harris
Mayor Gavin Newsom
Supervisor Michela Alioto-Pier, District 2
Supervisor Carmen Chu, District 4
Supervisor Sean Elsbernd, District 7
Supervisor Bevan Dufty, District 8
Supervisor Sophie Maxwell, District 10
Dr. Natalie Berg, Trustee SF Community College Board
Bay Area Elected Officials
Assemblywoman Loni Hancock, District 14
Berkeley City Councilmember Linda Maio, District 1
Berkeley City Councilmember Darryl Moore, District 2
Candidates Endorse No on K
Barry Hermanson
Candidate for US Congress, District 8
Dana Walsh
Candidate for US Congress, District 8
Conchita Applegate
CA Assembly Candidate, District 12
Harmeet Dhillion
CA Assembly Candidate, District 13
Nancy Skinner
CA Assembly Candidate District 14
Sue Lee
SF Supervisorial Candidate, District 1
Alicia Wang
SF Supervisorial Candidate, District 1
Joe Alioto, Jr.
SF Supervisorial Candidate, District 3
Claudine Cheng
SF Supervisorial Candidate, District 3
David Chiu
SF Supervisorial Candidate, District 3
Mike De Nunzio
SF Supervisorial Candidate, District 3
Lynn Jefferson
SF Supervisorial Candidate, District 3
Ron Dudum
SF Supervisorial Candidate, District 4
Owen O'Donnell
SF Supervisorial Candidate, District 5
Eva Royale
SF Supervisorial Candidate, District 9
John Avalos
SF Supervisorial Candidate, District 11
Ahsha Safaí
SF Supervisorial Candidate, District 11
Steve Ngo
Candidate for SF Community College Board
Marigrace Cohen
Candidate for SF Board of Education
Janyry Mak
Candidate for SF Board of Education
Rachel Norton
Candidate for SF Board of Education
Community Leaders (Partial List)
Michael Antonini
Citizens for a Better San Francisco
Andrea Bass
Elizabeth F. Boardman
Writer & Peace Activist
Alicia Boccellari, Ph.D.
Trauma Recovery Center, UCSF
Christopher L. Bowman
VC - Precinct Operations
Francine Braae, Co-Interim Executive Director
SAGE Project
Janet Campbell
VC-Special Events
Frank Cannata, VP
MPNA
Marybeth Carter
former Executive Director, California Coalition Against Sexual Assault (CALCASA) and Past President, National Alliance to End Sexual Violence (NAESV)
Wendy Collins,
Mission Merchants Association
Sharon W. Cooper, MD FAAP
Consultant, National Center for Missing and Exploited Children, University of North Carolina Chapel Hill School of Medicine
Ms. Libby Denebeim
Former President of San Francisco School Board
Doreen Der-McLeod
Cameron House
Jennifer Dinh
Carol Dippel, President
Soroptimist International of El Cerrito
Tania Docarmo, U.S. Office Coordinator
Chab Dai Coalition
Catherine Dodd, Ph.D., RN
Former director of NOW
Judith L. Doherty
Retired Executive
Matthew R. Dorozenski, Advisory Board Member
The Barnaba Institute and Founding Member, End Internet Trafficking Coalition
Rachel Durchslag, Director
Chicago Alliance Against Sexual Exploitation
Barbara B. Elliott, BSN, RN
Nursing Educator
Howard Epstein, Chairman
Walter Armer, VC Political Affairs
Melissa Farley, Ph.D. & Director
Prostitution Research & Education, San Francisco
Laurie Fields, Ph.D.
Dept. of Psychiatry UCSF
Theresa L. Flores, LSW, MSW
American Survivor of Human Trafficking, Author & Speaker
Norman Fong
Chinatown Community Development Corporation
Kenneth Franzblau, Trafficking Campaign Director
Equality Now
Annie Fukushima, Ph.D. Candidate
Ethnic Studies & Designated Emphasis in Women, Gender & Sexuality UC Berkeley
Roma Guy, MSW
Former Health Commissioner City County SF
Barry Hermanson
Green for Congress
Aileen Hernandez
Chair Emerita, California Women's Agenda
Reverend Glenda Hope, Executive Director
San Francisco Network Ministries
Norma Hotaling, Executive Director
SAGE Project
Donna M. Hughes, Ph.D
Professor & Carlson Endowed Chair Women's Studies Program, University of Rhode Island
Eriko Ikehara
B. Julie Johnson, Ph.D., MPH
Prostitution Survivor, Independent Scholar
Yasmin Kaderali
Students & Artists Fighting to End Human Slavery
Peter Keane
Dean Emeritus and Professor of Law Golden Gate University School of Law
Amelia W. Korangy, Development and Outreach Officer
FAIR Fund, Inc
Leo Lacayo
Alexis Taylor Litos, Executive Director
The Barnaba Institute
Kathy Lipscomb
Retired, SEIU UHCW-W
Pamela D. LoPinto
San Franciscans United for Safety for Women, Safety for Neighborhoods
Heidi Machen, Attorney
Fmr. SF Dept Head
Kathy Maskell, U.S. Advocacy Director
Love146
Catharine A. MacKinnon, J.D., Ph.D.
Robin Morgan
Rosario Navarrette, Associate Director,
30th Street Senior Center
Maritza Penagos, MSW MSPH
HIV Services Activist
Edward Poole
Citizens for a Better San Francisco
Greg Rohrbough, Executive Director
Justice Like Lightning
Diana E. H. Russell, Ph.D.
Emerita Professor of Sociology at Mills College, Co-founder of Women Against Sexual Slavery, Berkeley
Donna Sabella, M.Ed., MSN, Ph.D. , RN
Program Director, Dawn's Place, Philadelphia, PA and Director, Project Phoenix, West Chester, PA
Marie De Santis, Executive Director Women’s Justice Center
Santa Rosa, CA
Aida F. Santos
women's development, education, productivity & research organization (wedpro), inc, Philippines
Jen Sheehan, Outreach Director
The Barnaba Institute
Mimi Silbert, Ph.D., President and CEO
Delancey Street Foundation
Ann Singer
Jewish Coalition to End Human Trafficking
Gloria Steinem
Karen Stauss, Managing Attorney and Policy Counsel
Polaris Project
Jordanna Thigpen, Executive Director
San Francisco Taxi Commission
Dawn Trennert
President, Middle Polk Neighborhood Assoc.
Allen Wilson
American Civil Liberties Union
Ann Winslow, Assoc Director
SF Network Ministries
Susie Wong, Former Pres.,
Wu Yee Children's Service
Titles listed for identification purposes only.
10/30/08