3 Human Trafficking Investigations Adult Matter* (Sexual Content) H/T Victims Protection Act, 2000236.1 (a) CPC207 CPCThree Forms of H/TMyths, Vocab., & Misconceptions“The GAME”Best PracticesWe are differentQ & A
4 Trafficking Victims Protection Act 2000 & 2005 (18 U. S. C. , Sec Passed in 2000 to strengthen Federal Laws and create immigration relief for victimsEncouraged States to Create & Increase Laws regarding H/T, (236.1 & PC)
5 Human Trafficking-Elements 236.1(a) California Penal Code 236.1(a) Human Trafficking – Any person who deprives or violates the personal liberty of another with the intent to violate:266i PC, Procure female under 18 yrs for 647b PC266h PC, Pimping a Minor267 PC, Abducting person under 18 yrs for 647b PC311.4 PC, Employment of Minor for 647b PC518 PC, Extortion (Obtaining Passport or I.D. of Another, force or fear)Or Forced Labor or Forced Services (Adult 647b PC)No Mention of Movement!
6 Human Trafficking – 2005 236.1(d)(1) CPC “For purposes of this section…personal liberty of another…(equals)…substantial and sustained restriction of liberty…through fraud, deceit, coercion, violence, duress, menace, or threat…to the victim or another person…”(District Attorney will determine if “substantial and sustained,” is satisfied depending on the circumstances of the crime).
7 Human Trafficking Investigation Starts with 207(c) CPC Every person who hires, persuades, entices, decoys, or seduces…that person… into slavery or involuntary servitude,… without freewill… is guilty of kidnapping.(‘substantial and sustained restriction of liberty)Think Child Abuse, Sexual Assault, Dom. Viol. Cycle, & possibly Stockholm Syndrome.
8 Human Trafficking – 2005 236.2 CPC 236.2 PC – L.E. shall use due diligence to I.D. H/T victims (Police/Deputy Mandated Reporters)(a) Injury or signs of poor care(b) Withdrawn, censored, or afraid to talk(c) No or limited freedom of movement(d) Lives & works at same location(e) Owes $$ to employer(f) Security measures to control human contact(g) Employer has I.D., passport, birth cert., etc.
9 Smuggling vs. Trafficking SMUGGLING is ???TRAFFICKING is ???
10 Smuggling vs. Trafficking SMUGGLING is Transportation basedTRAFFICKING is Exploitation based
11 Los Angeles Metro Human Trafficking Task Force Hotline: (800)Orange County H/T Task Force-Westminster PDSan Bernardino, Riverside, San Diego H/T Task Force
12 Three Types of H/T: DEBT BONDAGE (518PC): Suspect claims victim “owes” more than original smuggling price.FORCED LABOR:Peonage: Held against will to pay off debt.Involuntary Servitude: The victim believes escaping (attempts) would result in harm to self or family members ‘back home.’SEXUAL EXPLOITATION:Coercing, using force or fear to make victim perform sex acts for suspect’s gain.‘Gain’ is usually money but can be: motel room fee, drugs, alcohol, and even as little as food or cigarettes.
13 Sexual Exploitation 647(b) PC - Prostitution Common Street Prostitution and EscortsBackPages.ComCraigslistOpenAdultDirectory.comThatMail.comSexyEscorts.comMany Classified Ad Websites
14 “THE GAME” or “THE LIFE” Minor 647b PC The “Rules of The Game”… ‘No honor among thieves.’
15 The Vocab of ‘The Game’ Don, Grandpa Pimp, Hustler, Daddy Will claim to be a ‘Hustler’ but NOT a PimpWifey, Bottom, Bottom BitchRenegadeCherry, Turnout, BitchStable, Family, TeamPunk, FagWorkCuffTrickAn act of 647B, a B-girl, or a JohnJohnWe need to view these as Pedophiles or RapistTrack, Blade, StrollAutomaticOut-ta’ PocketSquareGuerilla PimpHead, Up & Down, Around the World,Various names for different sex acts
16 H/T Myths & Misconceptions The Pimp Uses These Issues to Influence/Control Cherry Average age is 12yrs old-(FBI, U.S. Atty. Gen., SDRTC)Victim knew what they were getting intoVictim willingly committed unlawful actsVictim was paid for services
17 Typical Pimp “I’m not a pimp, I’m a Hustler.” Age? Getting younger. Gang AssociatedUses others to buffer him from Law EnforcementClaims to get his $$ from his Mother, GrandmotherLives with Mother/Grandmother
18 Victim Traits 12 yrs old (9yrs-Common) Runaway/Throwaway Low Self EsteemHi-Dysfunctional Home“I’m 19 years old”Believes she will get “In Trouble” if she “Gets Caught”Will LIE for PimpFear, Indoctrination“In Love”Dom. Viol. & Stockholm
19 ‘The Game’ How did she get started? He hollered at me. He was older and he said I was sexy.We started hanging out and partying and drinking.He was nice and I wanted to have sex with him.Then he made me have sex with his friend. I didn’t want to do it but I wanted him to like me.
20 ‘The Game’“Pimp” uses his “Bottom” or other “Recruiter” to recruit the “Cherry”Pimps “cruise” schools, foster homes, group homes, placementsBottom & Pimp isolate Cherry – Motel.Adult activity, Beginning of indoctrination.Pimps use “Boss’n Up” video - initiate indoctrination
21 ‘The Game’ Pimp makes Cherry think he cares about her Beginning of ‘Honeymoon’Alcohol and DrugsAdult Activity (Most Cherry’s are children)Pimp has sex with Bottom / CherryAdult ActivityPimp abuses BottomControl, FearBottom leaves to 647bIntro into ‘The Game’
22 ‘The Game’ Alcohol and drugs Bottom returns & gives $$ to Pimp Adult Activity, Calm, FearBottom returns & gives $$ to PimpCherry witnesses; Control, Indoctrination, FearCherry is not free to leaveControl is AcknowledgedFear is instilledPimp Rapes Cherry‘Soft’ or Violent RapeAnal/Oral sex to protect ‘product’
23 ‘The Game’: Goal is ‘Automatic’ Bottom befriends Cherry‘Honeymoon’Pimp may console alsoPimp makes Cherry 647bForce, Fear, Threat (Family,Team concept)Bottom supervises 1st TrickControl, CalmHand to Hand of $$$Control Complete, Honeymoon EndsPimp continues ‘The Game’ Education to Final Goal
24 Victim Development Helps Victim Realize Victimization Victim has been ‘committing crimes.’Must establish state of victimization with victim.Must complete 647bPC investigation.Must initiate victim services. (Saving Innocence, CAST LA, Innocence Lost, Children of the Night)Must arrange for victim services to have access to victim.4th Floor Women’s Jail and Los Padrinos Juvenile Hall
25 Victim Development Helps Victim Realize Victimization Actual Victim Statements Q: You prostituted for him. Then you had an opportunity to leave, escape, runaway, call for help, call your mom, tell police; Why didn’t you?A: If I would have got away he would come kill me. I’m afraid he might find me now. He has friends who will find me. I started out having fun but then I didn’t want to do it any more.
26 Victim Development Helps Victim Realize Victimization Actual Victim Statements Q: You prostituted for him again then you had another opportunity to leave, escape, runaway, call for help, call your mom, tell police; Why didn’t you?A: I tried. I was afraid. He was always watching me. No one would believe me. I couldn’t-I just couldn’t. I didn’t even think I could escape.
27 Victim Development Helps Victim Realize Victimization Actual Victim Statements Q: So you prostituted again for him. Then you had another opportunity to leave, escape, call for help, call your mom, tell police; Why didn’t you?A: He kept moving me from motel to motel to motel. I didn’t know where I was. I just wanted him to be happy. I wanted him to give me food.
28 Victim Development Helps Victim Realize Victimization Actual Victim Statements Q: So you prostituted again for him. Then you had another opportunity to leave, escape, call for help, tell police; Why didn’t you?A: He had me so confused. All I could think of was prostitution, prostitution, prostitution. Now I see what he did to me.
29 Why did she continue? Domestic Violence Cycle of Abuse Stockholm SyndromeThe psychological tendency of a hostage to bond with, identify with, or sympathize with his or her captor (Merriam-Webster)
30 236.1CPC Investigation Best Practices LBPD, H/T detail:236.1PC (H/T) +266PC (Pimp/Pander) +261PC(Rapes-each rape, oral, anal, etc.) +207PC (Kidnap) =209PC = Kidnap - 25yr sentence and each conviction may run consecutive.i.e.-206yr sentenceOther agencies:266h(a)(1) Pimping a minor 16+, 3 to 6 yrs in prison.266h(a)(2)-Pimping a minor -16, 3 to 8 yrs in prison.Both are 290PC crimes
31 We hope to be able to answer your questions. Q and AWe hope to be able to answeryour questions.