Young victims of trafficking are particularly vulnerable to
manipulation and further exploitation if they lack the safeguarding mechanisms which are made available to those
who are accepted by the authorities as being under the age
of 18.
If a young person’s age is not accepted by the authorities,
they may be detained and their case put through accelerated asylum procedures or they may be prosecuted and
imprisoned with adults. They could also be accommodated
with adults, which is inherently unsafe, and particularly
dangerous for young people who have been trafficked for
sexual exploitation.
Where there are concerns that a case may be one of a trafficked child, this becomes, first and foremost, a child protection matter.
Child protection issues (including safety, welfare, housing,
therapeutic care and related needs as well as contact with
the authorities/police) must take immediate precedence
over concerns with determination of the age of the victim.
A young victim of trafficking whose age is disputed should
be given the benefit of the doubt.106 Unless and until their
age is established via an in-depth assessment (as set out
above), they should be accepted and treated as a child and
provided with full access to appropriate support and services.
HBF’s approach to age assessment
HBF’s approach to age assessment and recognition is holistic and it has been accepted by the court and is being
reported as a model of best practice: The Queen (KN) v LB
Barnet [2011] EWHC 2019 (Admin) (para 60-65 ).107
In the case of KN v Barnet, the court accepted the evidence
of the Helen Bamber Foundation with regard to the age of
a young victim of trafficking in preference to that of a Local
Authority age assessment and a forensic dental examination.108
This was because of Helen Bamber’s long term experience
of working with young women who had been held in sexual
exploitation, including young African women, and the significant period of time that had been spent with her client,
“KN”. Engagement in a long term therapeutic relationship
meant that detailed observations of the young person’s behaviour and mentality could be provided to the court.
“She knows K well, and has had more than 30 sessions with
her, amounting to more than 60 hours. She knows her better
than anyone else who gave evidence before me…..In looking
at the assessment of age made by the Defendant compared
with the assessment of age that Helen Bamber provided, I
have to say that I prefer without any qualification whatsoever the assessment of Helen Bamber.”109
7.7 Sexual Health Screening
Sexually transmitted infections (STIs) can potentially cause
severe injuries, illnesses and disabilities in both men and
women. Chlamydia and gonorrhea can cause urethritis and
epididymitis in men, which can lead to infertility. Similarly
in women, STIs can lead to pelvic inflammatory disease
with chronic pelvic pain and infertility, and they can increase the risk of ectopic pregnancies. Chlamydia, gonorrhea and syphilis can harm a baby, and untreated syphilis
can be serious or fatal.
Depending upon the individual history of each person,
sexual health screening may include:
–
Vaginal (urethral for men), oral and anal swabs
for chlamydia, gonorrhea, and trichomonas.
–
Blood tests for syphilis, HIV and hepatitis B
and C. These blood tests may need to be repeated up to
four months later depending on the last episode of sexual
intercourse.
–
Examination for herpes and genital warts.
–
Offer of a smear test.
–
Offer of a pregnancy test for women.
Some victims who have suffered rape are keen to be
screened for STIs. However others may be reluctant to attend an STI screening because they perceive it as invasive
and traumatic. They are often fearful of a positive result,
particularly the possibility that they have HIV/AIDS.
Guidelines on Policies and Procedures in Dealing with Unaccompanied Children Seeking Asylum
97
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