Presentation on theme: " Human trafficking is a form of modern-day slavery. Human trafficking involves the exploitation of persons for commercial sex or forced labor, plus."— Presentation transcript:
Human trafficking is a form of modern-day slavery. Human trafficking involves the exploitation of persons for commercial sex or forced labor, plus the inability of victims to remove themselves from that situation. Traffickers use Force, Fraud or Coercion to control their victim.
Does not have to involve crossing an international border or involve any kind of physical movement of a victim. It is a crime of controlling another person for some kind of labor or commercial sexual exploitation.
Human trafficking can occur any- where Trafficking networks are not limited to urban localities Traffickers also seek the seclusion of rural and remote areas to operate undetected.
Human trafficking is a lucrative business yielding an estimated 9 to 12 billion dollars in profits each year. Unlike drugs and arms traffickers, human traffickers can continue to exploit their victims after the initial point of sale. Out of 19 cases prosecuted by BVD, 14 involve habitual offenders.
Knowingly recruiting, soliciting, enticing, transporting or obtaining by any means (Transportation is not required) With intent or knowledge that force, fraud or coercion will be used To subject a person to Labor Services Commercial Sexual Activity
Benefiting financially or receiving anything of value from Labor, Services or Commercial Sexual Activity of another person with the knowledge that Force, Fraud or Coercion was used to obtain the labor, services or commercial sexual activity.
Force, Fraud or Coercion is not required for minors involved in commercial sexual activity. Knowingly recruiting, soliciting, enticing, transporting or obtaining by any means
12-14 is the average age of entry into prostitution. 30% of shelter youth and 70% of street youth are victims of commercial sexual exploitation. The U.S. Department of Justice states that at least 75% of minors exploited through prostitution are controlled by pimps.
PENALTIES: Third degree felony (if victim is age 16 and older) Increased penalty for trafficking children Under 16 years old: Second degree felony Under 13 years old: First degree felony
knowingly receiving any pecuniary profit as a result of a child under the age of sixteen engaging in a prohibited sexual act with another (15 and under) second degree felony (13 to 15) first degree felony (12 and under) hiring or offering to hire a child over the age of thirteen and under the age of sixteen to engage in any prohibited sexual act (14 to 15) second degree felony
Murder Kidnapping Domestic violence Rape False imprisonment Promoting prostitution Accepting the earnings of a prostitute Money laundering Contributing to the delinquency of a minor Drug offenses Conspiracy Sexual exploitation of a child by prostitution
Attorney General and District Attorneys have concurrent jurisdiction. The Border Violence Division has specialized staff available to assist investigations and prosecutions.
Border Violence Division has indicted 19 cases of human trafficking 12 cases resulted in conviction by plea 1 case resulted in conviction by trial 6 pending cases 4 probation violations
Understand what human trafficking is Recognize the signs and potential victims Training Local Law Enforcement Acknowledge that it is happening in your jurisdiction
Can be a pimp, boyfriend, father, mother, brother, uncle, coach, teacher or anyone exerting control over a minor, even a peer; Not always a single individual, often traffickers/pimps are as networked as organized crime; Both men and women of varying ages; Any ethnicity or race; Anyone who benefits from the commercial sexual exploitation of a minor
Many cities have noticed an increase in sex trafficking over drug trafficking. Street gangs have realized the profit margins are so much bigger. San Diego U.S. Attorney Laura Duffy said. “You have a product that you don’t have to keep in inventory,” “You don’t have to purchase it. You don’t have to wait for the money to come back on this product and then buy it from the supplier. You are not as exposed as you are if you are caught with drugs to being caught with a woman or being a girl.” “They gifted these women. They traded these women. They sold these women amongst each other. They marked these women like property. They tattooed them. They even barcoded some of these women.”
Some pimps pride themselves on using finesse to recruit a female. Material needs and desires are provided in the initial stages of the recruitment. Exploit vulnerabilities and unmet needs through feigned friendship and love. Victim will often be transported to a different city at the beginning of the recruitment. This week nine men were jailed for grooming up to 100 young girls for sex. The case highlighted a disturbing trend hardly anyone dares talk about.
Runaways (77% of juvenile prostitutes) Truancy Homeless/Throwaway Youths Loss of Family Member Abuse (Physical/Sexual/Emotional) Family involvement Low Educational Level Low Self-Esteem Mental & Behavioral Disorders
Pimps target the runaway/throwaway victims. “I can give you a place to stay, a job, protection.” With some pimps, violence is used from the beginning and throughout the exploitation. Most pimps use violence, or the threat of violence, as a control mechanism throughout the victimization.
Captivity, confinement and isolation - Victims have been locked in rooms and trunks of cars and isolated from friends and family to eliminate assistance and opportunities to run away. Use and threat of violence - Victims have been beaten, raped, tortured, assaulted and threatened with weapons. Fear, shame, self-blame and hopelessness - Victims have been so traumatized, they blame themselves for their abuse and/or see no way out of the situation. Dependency - Victims have become physically, financially or emotionally dependent on the trafficker; they have developed an allegiance/loyalty with the abuser through traumatic bonding (a.k.a. Stockholm Syndrome).
Distrust of law enforcement - Victims are told that law enforcement will arrest or harm them. Debt bondage - Victims are trapped in never ending cycles of fabricated debt and are made to believe they cannot leave until this debt is paid off. Misinformation/false promises - Victims are promised love, money, safety or other desires if they stay with the pimp. Lack of knowledge of social systems - Victims don’t know how and where to seek help. And often experiences with law enforcement and Child Welfare agencies have not resulted in rescue but arrest and further labeling.
Gathering Evidence Methods Preservation Orders Subpoenas Search warrants Forensics Computers Phones Electronic Devices Proof Ads & payment info. Phone records Bank records Wire Transfers Photos Jail calls & letters Inmate property Video surveillance Airline and bus tickets
V: Okay. I don’t understand like me having to make bond money. Do you know what I have to do to do that? Do you get…do you understand that? D: Stop. Stop. Why are you getting mad at me? The only thing you should be saying is, “Baby I got you.” That’s it. V: Yeah, whatever. D: That’s fuckin it. What…how the fuck did we live? I fuckin robbed and fuckin stole every fucking thing that was in…even the shit that was bolted down. That’s how we fuckin lived. Okay, and so you’re gonna try and fuckin get…fuckin saintly on me? What are you gonna do? How are you gonna…how are you gonna treat this? How are you…gonna what are you gonna do?
Defendant’s phone number on the ads Browsing history and bookmarks demonstrating payment and management of ads Same credit card used to pay for hotel used to pay for ads Photos of victim on Defendant’s phone or computer Photos used in ads on Defendant’s phone or computer
Order Setting Conditions Commercial Sex Advertisement
Gathering Evidence Methods Preservation Orders Subpoenas Search warrants Forensics Computers Phones Electronic Devices Proof Ads & payment info. Phone records Bank & Credit Card records Wire Transfers Photos Jail calls & letters Inmate property Video surveillance Airline and bus tickets
Most cases rely on victim’s cooperation, willingness to testify against traffickers; Many victims have loyalties to pimp; need to make them realize they are victims
“ People who recruit and use kids like this are the most brilliant child psychologists on the planet. They know these kids are not credible, they now how to manipulate them into being less credible…then even if the child does rat them out, no one will believe them.” Vice-President of Operations, Hillsborough Kids, Inc. Many victims do not self-identify as such; Many traffickers/pimps are “loved” ones – either relatives, close family friends, or “boyfriends”; Lack of protective shelters, housing and appropriate services leaves victim-witnesses with a lack of trust in the system.
Labor intensive cases Comprehensive investigation Specialized prosecutions Investigations Gathering evidence not obtained by law enforcement after initial arrest Forensic examination of phones and electronic devices Motions Forfeiture by Wrongdoing (jail calls) Motions in Limine Non-testimonial statements Character Evidence Victim services Technical assistance
Convicted traffickers will be ordered to make restitution to victim for value of labor or services. A human trafficking victim shall not be charged with ‘accessory’ to crime of human trafficking.
State benefits and services are available to human trafficking victims pending federal Trafficking Victim Protection Act (TVPA) 22 U.S.C 7101benefits, regardless of immigration status. shall include, when appropriate to a particular case: (1) case management; (2) emergency temporary housing; (3) health care; (4) mental health counseling; (5) drug addiction screening and treatment; (6) language interpretation, translation services and English language instruction; (7) job training, job placement assistance and post-employment services for job retention; (8) child care; (9) advocacy services; (10) state-funded cash assistance; (11) food assistance; (12) services to assist the victim and the victim's family members; and (13) other general assistance services and benefits as determined by the children, youth and families department or the human services department. Victim Benefits
Comprehensive services for adult victims of human trafficking throughout NM Statewide Hotline