Presentation on theme: "Human Trafficking of U.S. Citizens in the U.S. Sources: U.S. Department of State: Trafficking in Persons Report 2006 U.S. Department of Justice. 2004."— Presentation transcript:
Human Trafficking of U.S. Citizens in the U.S. Sources: U.S. Department of State: Trafficking in Persons Report 2006 U.S. Department of Justice Report to Congress from Attorney General John Ashcroft on U.S. Government Efforts to Combat Trafficking in Persons in Fiscal Year Washington, D.C.: U.S. Department of Justice. 200,000 : Number of American children at risk for trafficking into the sex industry 12 – 14: Average age of first involvement in sexual exploitation 14,500 – 17,500: Number of people, primarily women and children, who are being trafficked into the U.S. annually
Source: The Future Group, Neha Mathur, March 2007: Routes of International Trafficking into the United States, 2007
City Populations County Populations As of 2009, Toledo is number FOUR in the nation in terms of the number of arrests, investigations, and rescue of domestic minor sex trafficking victims among U.S. cities, according to the Northwest Ohio Innocence Lost Task Force. Source: “Toledo rated fourth for youth-sex trade in U.S.; city tops per capita for arrests, rescues of children.” Jim Provance, The Toledo Blade: February 11, 2010
Trafficking in Persons Study Commission studying and reviewing the problem of human trafficking, particularly as it affects Ohio; studying and reviewing Ohio's criminal statutes to determine their treatment of human trafficking; and developing recommendations to address the issue of human trafficking and to improve and expand the criminal statutes as necessary. Office of Senator Teresa Fedor
The Trafficking in Persons Study Commission is composed of 6 subcommittees that: study what can be done to help law enforcement, medical professionals, prosecutors, and judges respond to instances of human trafficking; study what laws exist in Ohio and other states to address trafficking; study what can be done to keep individuals from becoming victims; study the services provided to trafficking victims; study what drives demand and what steps need to be taken to address the issue; and study the scope of the problem in Ohio.
Why has Toledo become a hub of human trafficking? Proximity to the Detroit International Airport Easy access to Canada and the East Coast Prevalence of agricultural farms, massage parlors, strip clubs – where trafficking victims are often enslaved Large immigrant communities where it is easy to hide foreign-born trafficking victims Lenient laws and little risk for traffickers
Human Trafficking of OHIO Citizens in OHIO Source: Trafficking in Person Study Commission: Prevalence of Human Trafficking in Ohio, 2009 Estimated number of youths born in Ohio who are at risk for commercial sexual exploitation Estimated number of youths born in Ohio who have been sexually exploited over the course of a year 2,879: 1,078: 3,437: Estimated number of foreign-born Ohio citizens who are at risk for trafficking in labor or the sex trade, 783 of whom are actually being trafficked at any one time
Report on the Prevalence of Human Trafficking in Ohio Factors that Increase Risk to Ohio Youth Source: Trafficking in Person Study Commission: Prevalence of Human Trafficking in Ohio, Ohio’s weak response to trafficking victims 2.First responders are unaware and unprepared 3.Customers and traffickers remain protected 4.High rates of vulnerable youth in Ohio
The Impact of Sub. H.B. 280: Sub. H.B. 280 created a human trafficking sentencing enhancement (ORC § ). It covers only sex – not labor – trafficking cases. If a person is charged with two sex trafficking related felonies (i.e. abduction, or compelling prostitution) the sentencing enhancement may be attached, which will mandate prison time of at least 12 months. ORC § is a complicated law, e.g. requiring that both relevant felonies be named at indictment, and therefore it has never been utilized.
Sub. S.B. 235: Sponsors: Senator Teresa Fedor (D) & Senator Tim Grendell (R) Main Text: It is a felony of the second degree to: “Recruit, lure, entice, solicit, isolate, harbor, transport, obtain or maintain or knowingly attempt to recruit, lure, entice, solicit, isolate, harbor, transport, provide, obtain, or maintain, another person knowing or having reasonable cause to believe that the person will be subjected to involuntary servitude or be compelled to engage in sexual activity for hire, engage in a performance that is obscene, sexually oriented, or nudity oriented, or be a model or participant in the production of material that is obscene, sexually oriented, or nudity oriented.” Amended Text: The criminal charges of conspiracy and pattern of corrupt activity now include human trafficking. Definition of “human trafficking” extended to include both sex and labor trafficking.
Opposition to Sub. S.B. 235: Don’t we have sufficient laws on the books to address human trafficking? NO. Trafficking in humans is a complicated and organized crime that has not been fully addressed through legislation. Isn’t this this bill just benefiting undocumented immigrants? NO. This bill will help Americans who are victims of labor or sex trafficking – victims who are born here, raised here, and trafficked here. The bill will also help non-Americans who are being exploited in a similar fashion who are being exploited on American soil. Does this legislation make prostitution a human trafficking offense? NO. The bill refers to sex or labor that has been “compelled.” An average solicitation interaction involving a voluntary exchange between an adult prostitute and a john or an adult prostitute and a pimp would not fall under the purview of Sub. SB 235. However, because children can never voluntarily consent to sex, Sub. SB 235 protects sexually exploited children as human trafficking victims.
Sub. H.B. 493: Sponsor: Representative Kathleen Chandler (D) Criminal provisions: same as Sub. S.B. 235 Additional provisions: Allows victims to sue their former traffickers ■ Requires human trafficking training for law enforcement ■ Development of public awareness programs through the Office of the Attorney General ■ Requires particular establishments, such as truck stops, to post the national human trafficking hotline number ■ Mandates that minor victims be provided necessary protection and services
Human Trafficking: 10 Worst States The Polaris Project evaluated states on the following criteria: 1) incidents of sex trafficking, 2) incidents of labor trafficking, 3) asset forfeiture for human trafficking crimes, 4) training on human trafficking for law enforcement, 5) human trafficking commission, task force or advisory committee, 6) posting of a human trafficking hotline, 7) safe harbor, 8) no requirement of force, fraud, or coercion for minors, and 9) victim assistance, 10) civil remedy Source: Polaris Project, July 2010www.PolarisProject.org
A broad definition of the concept of “coercion” that covers its many manifestations in modern forms of slavery, including the threat of physical and financial harm. A well-articulated definition of trafficking that includes all forms of compelled service in addition to forced prostitution. A mechanism of care provided to all suspected victims of trafficking through which they have the opportunity to access basic services – including shelter, food, medical care, psycho-social counseling, legal aid, and work authorization. Explicit immigration relief for trafficking victims and relief from any legal penalties for unlawful activities committed by victims as a direct result of their trafficking. Specific protections for child victims of trafficking ensuring a responsible chain of custody and a priority placed on the best interests of the child in all decisions made in providing services to them. Explicit provisions ensuring identified victims have access to legal redress to obtain financial compensation for the trafficking crimes committed against them. The Palermo Protocol: What Makes a Good Anti-Trafficking Law? Source: Trafficking in Persons Report, 10 th Edition. U.S. Department of State, June
Texas Supreme Court Rules: Children in Prostitution are Victims, Not Criminals (2010) Illinois Legislature Passes Bill Protecting Sexually Exploited Children (2010) New York Passes the Safe Harbor for Exploited Youth Act (2008) Sources: Polaris Project Press Release, “Illinois Legislature Passes Bill Protecting Sexually Exploited Children,” May 26, Savage, Michael. “State legislatures step up efforts to fight human trafficking,” The Washington Post, July 19, 2010: A3 Shared Hope International: “Connecticut Safe Harbor Law will protect child sex trafficking victims,” June 3, international/connecticut-safe-harbor-law-will-protect-child-sex-trafficking-victims/ Smith, Morgan. “Texas Supreme Court Rules on Child Prostitutes,” The Texas Tribune, June 18, In 2010, more than 40 bills related to human trafficking have been enacted and roughly 350 introduced in state legislatures across the country. Illinois, Texas, and New York have taken some promising steps towards safe harbor legislation protecting sexually exploited minors. Connecticut passes the Safe Harbor for Exploited Children Act (2010)
Human Trafficking Awareness: Human Trafficking Response:
“Those who profess to favor freedom, and yet depreciate agitation, are men who want crops without plowing up the ground. … This struggle may be a moral one; or it may be a physical one; or it may be both moral and physical; but it must be a struggle.” Frederick Douglass, American abolitionist