Presentation on theme: "Human Trafficking. IPATH Indiana Protection for Abused and Trafficked Humans Task Force PREVENTION, PROTECTION, PROSECUTION The Indiana Protection for."— Presentation transcript:
IPATH Indiana Protection for Abused and Trafficked Humans Task Force PREVENTION, PROTECTION, PROSECUTION The Indiana Protection for Abused Trafficked Humans task force (IPATH) is one of 42 task forces nationwide funded by the Department of Justice’s Office of Victims of Crime and the Bureau of Justice Assistance to address the issue of human trafficking. The Goals of IPATH are to: 1)Enhance law enforcement’s ability to identify and rescue victims. 2)Provide resources and training to identify and rescue victims. 3)Ensure comprehensive services are available for victims of trafficking.
What is Human Trafficking? Sex Trafficking: in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or Labor Trafficking: The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. (1) 1)Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386 (2000), available at http://www.state.gov/documents/organization/10492.pdf.
Human Trafficking Examples Sex Trafficking Example: A 17 year old girl* runs away from her abusive family for the second time. She meets a 20-something man at the mall who befriends her and offers to buy her something pretty. Their romantic relationship grows slowly as she becomes more dependent upon him and believes he loves her. He starts to ask her to do things for him, eventually leading to pimping her out for profit and resorting to violence and psychological trauma to control her. *Stories are fictional and meant to be used for instructional use only. While they include common elements of human trafficking, these narratives are not taken from any one trafficking survivor. Labor Trafficking Example: After losing his factory job*, a 35-year old man answers a job advertisement in the local newspaper for skilled welders. The ad promises affordable, safe housing and good pay. However, after being coerced into signing a “contract” in English, which he does not speak, he is taken to his home: a 2- bedroom apartment housing 8 other men, costing him $600 per month. The men are transported to a restaurant where they work 15 hours a day and their living costs always outnumber their pay, causing them to become burdened by an ever increasing debt.
Human Trafficking is tied as the SECOND LARGEST and FASTEST growing criminal industry in the world, just behind the drug trade. (1) A Growing Problem Worldwide 27 million people are estimated to be victims of human trafficking worldwide. (2) 161 countries identified as being affected by human trafficking. (3) $150.2 billion dollars generated by forced labor worldwide. (4) 1)Administration for Children & Families, U.S. D EPT. OF H EALTH & H UMAN S ERVICES, http://www.acf.hhs.gov/trafficking/about/index.html (last visited Jan. 13, 2012). 2)U.S. Dept. of State Trafficking in Persons Report (2013), available at http://www.state.gov/j/tip/rls/tiprpt/2013/index.htm. 3)UN O FFICE OF D RUGS AND C RIME, TIP R EPORT : G LOBAL P ATTERNS (2006) at p.58, available at http://www.unodc.org/pdf/traffickinginpersons_report_2006ver2.pdf. 4)I NTERNATIONAL L ABOUR O FFICE, P ROFITS AND P OVERTY : T HE E CONOMICS OF F ORCED L ABOUR (2014), available at http://www.ilo.org/wcmsp5/groups/public/--- ed_norm/---declaration/documents/publication/wcms_243391.pdf. See also R EMARKS AT THE R ELEASE OF THE 2014 T RAFFICKING IN P ERSONS R EPORT, U.S. D EPT. OF S TATE (June 20, 2014) available at http://www.state.gov/secretary/remarks/2014/06/228083.htm. See also C IVILIAN S ECURITY, D EMOCRACY, AND H UMAN R IGHTS : T HE E CONOMICS OF F ORCED L ABOR, U.S. D EPT. OF S TATE (June 2014), available at http://www.state.gov/secretary/remarks/2014/06/228083.htm.http://www.ilo.org/wcmsp5/groups/public/--- ed_norm/---declaration/documents/publication/wcms_243391.pdfhttp://www.state.gov/secretary/remarks/2014/06/228083.htm 5)U.S. D EPARTMENT OF S TATE, T HE F ACTS A BOUT C HILD S EX T OURISM (2005) at p.22 (2005), available at http://www.state.gov/documents/organization/47255.pdf. (5)
A Growing Problem Here at Home Nearly 300,000 American youths are at risk of becoming victims of commercial sexual exploitation, according to the FBI. (2) 12-14 is the average age of entry into commercial sex in the U.S. (3) 83% of sex trafficking victims found in the U.S. were U.S. citizens, according to one Justice Department study (4) 1)U.S. D EPT. OF S TATE T RAFFICKING IN P ERSONS R EPORT (2010), available at http://www.state.gov/g/tip/rls/tiprpt/2010/index.htm; see also C ONGRESSIONAL R ESEARCH S ERVICE, T RAFFICKING IN P ERSONS : U.S. P OLICY AND I SSUES FOR C ONGRESS (2010) at p.2, available at http://www.unhcr.org/refworld/topic,4565c22535,4565c25f42b,4d2d96e62,0,USCRS,,.html. 2)Amanda Walker-Rodriguez & Rodney Hill, Human Sex Trafficking, FED. BUREAU INVESTIGATION (Mar. 2011), http://www.fbi.gov/statsservices/publications/law- enforcementbulletin/march_2011/human_sex_trafficking 3)Some research indicates that the average age of entry for U.S. girls is 12 to 14, while the average age for U.S. boys and transgender youth is 11 to 13. See Amanda Walker-Rodriguez and Rodney Hill, Human Sex Trafficking, FBI L AW E NFORCEMENT B ULLETIN, (March, 2011), available at http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/march_2011/human_sex_trafficking. See also P OLARIS P ROJECT, C HILD S EX T RAFFICKING A T -A-G LANCE, (2011), available at http://loveandlighttofreedom.org/uploads/Child_Sex_Trafficking__Polaris_Project-_Jan_2012_.pdf. See also Ernie Allen, President and CEO of the National Center for Missing and Exploited Children, speaking to the House Victims’ Rights Caucus Human Trafficking Caucus, Cong. Rec., 111th Cong., 2nd sess., 2010. See also U.S. Children are Victims of Sex Trafficking (April 2008), HUMANTRAFFICKING. ORG, http://www.humantrafficking.org/updates/801. 4)This statistic is based on one study of confirmed sex trafficking incidents opened by federally funded U.S. task forces. Human Trafficking/Trafficking In Persons, Dept. of Justice, Bureau of Justice Statistics, http://bjs.ojp.usdoj.gov/index.cfm?ty=tp&tid=40 (last visited 1/14/2012). (1)
Investigations in US Investigations in Midwest Investigations in Indiana (2006-June, 2014) BJA Funded Anti- Trafficking Task Forces 5,143 (2007-2012)392 (2007-2012) 134 (law enforcement) and 123 victims served to date Midwest/Indiana Statistics (1) 1)Information was obtained from the Bureau of Justice Assistance (BJA). The BJA Task Forces in the Midwestern Region were located in the states of: Illinois, Indiana, Missouri, Wisconsin, and Minnesota. 2)U.S. Dept. of State Trafficking in Persons Report (2013), available at http://www.state.gov/j/tip/rls/tiprpt/2013/index.htm. US Statistics- Fiscal Year 2012 (2) Number of Investigations in the US 26 DOJ-led taskforcesover 753 ICE-HSI894 FBI 306 pending (adults and foreign child victims) 440 (sex trafficking of children )
Origin & Destination Countries UN Highlights Human Trafficking, O RIGIN & D ESTINATION C OUNTRIES, BBC N EWS available at http://news.bbc.co.uk/2/hi/in_depth/6497799.stm. The United States is one of the most popular destinations for human trafficking.
Who is Involved in Trafficking? The recruiter gains the victim’s trust and then sells them for labor or to a pimp. Sometimes this is a boyfriend, a neighbor, or even a family member. The trafficker is the one who controls the victims. Making the victim fearful through abuse, threats, and lies the trafficker gains power over his/her victim. The victim could be anyone. The consumer funds the human trafficking industry by purchasing goods and services. Often s/he is unaware that someone is suffering.
The Trafficker Might be someone who knew the victim and victim’s family. Will likely be bilingual. Will likely be an older man with younger women who seems to be controlling, watching their every move, and correcting/instructing them frequently. The trafficker will likely be in a lucrative business enterprise as the heart of human trafficking is exploiting cheap labor. The trafficker may be part of a larger organized crime ring, or may be profiting independently. Most often, he/she is the same race/ethnicity as the victim.
The Trafficked Person Human Trafficking reaches every culture and demographics. Regardless of their demographics, victims are vulnerable in some way, and the traffickers will use their particular vulnerability to exploit the victim. Some risk factors include: – Youth – Poverty – Unemployment – Desperation – Homes in countries torn by armed conflict, civil unrest, political upheaval, corruption, or natural disasters – Family backgrounds strife with violence, abuse, conflict – Homelessness – A need to be loved – Immigration Status
Child Trafficking Victims Experience High Levels of Adversity and Stress Jim Mercy, Division of Violence Prevention, National Center for Injury Prevention and Control, Centers for Disease Control and Prevention, The Public Health Implications of Child Sex Trafficking (PowerPoint presentation).
The Adverse Childhood Experience Studies Jim Mercy, Division of Violence Prevention, National Center for Injury Prevention and Control, Centers for Disease Control and Prevention, The Public Health Implications of Child Sex Trafficking (PowerPoint presentation).
The Trafficked Person A Vulnerable Life Before Victimization * Of boys and girls recruited into commercial sex: 57% had been sexually abused as children. (1) 49% had been physically assaulted. (1) 85% were victims of incest as girls, and 90% had been physically abused. (2) 61.5% were frequently hit, slapped, pushed, grabbed, or had objects thrown at them by a member of their household. (3) 40% of the above were kicked, hit, beaten, raped, or threatened and/or attacked with a weapon by a member of their household. (3) Nearly half the participants in one study had been “molested or raped as children or teenagers.” (4 ) 1)Melissa Farley & Howard Barkan, Prostitution, Violence Against Women, and Posttraumatic Stress Disorder, 27 W OMEN & H EALTH 37-49 (1998), available at http://www.prostitutionresearch.com/ProsViolPosttrauStress.html. 2)Hunter, S.K., Prostitution is Cruelty and Abuse to Women and Children, 1 M ICH. J. G ENDER & L. 1-14 (1993). 3)Jody Raphael & Deborah L. Shapiro, S ISTERS S PEAK O UT : T HE L IVES AND N EEDS OF P ROSTITUTED W OMEN IN C HICAGO, C ENTER FOR I MPACT R ESEARCH (2002) at p.15, available at http://www.impactresearch.org/documents/sistersspeakout.pdf. 4)Jennifer K. Wesely, Growing up Sexualized: Issues of Power and Violence in the Lives of Female Exotic Dancers, 8 No. 10 Violence Against Women, 1182, 1192 (October, 2002). * These studies considered various forms commercial sex, not only sex trafficking. Due to the hidden nature of this crime, little research is available strictly on trafficking. However, it should be noted that anyone used in commercial sex who is under 18 or is being forced or coerced is a victim of trafficking.
Throughout life children exposed to trauma / PTSD: More substance use problems and domestic violence Use more mental health services Less likely to complete secondary or advanced education More trouble attaining and holding stable employment More disrupted –less trusting relationships More problems with criminal justice system More verbally, physically abusive to their others/own children Experience more homelessness Longer the exposure, worse the outcomes More life long physical health care services On average will die 20 years younger W ILLIAM H OLMES, MD & R OY V AN T ASSELL MS LPC, When the Twig is Bent: An Integrated Approach to Children In Foster Care (Apr. 22-24, 2014), PPT for National RX Drug Abuse Summit.
Children in Foster Care and Post Traumatic Stress Disorder One study of foster care children found PTSD for 60% of children who had been sexually abused, 42% of children who had been physically abused (1) A study of kids ages 6-8 entering foster care found that one out of three met criteria for PTSD (2) Another study found PTSD symptoms in 19.2% of child welfare investigated kids placed in foster care (3) Over 21% of foster care alumni suffer from PTSD, a rate higher than U.S. war veterans (4) 1.Dubner, A. E., & Motta, R. W. (1999). Sexually and physically abused foster care children and posttraumatic stress disorder. Journal Of Consulting And Clinical Psychology, 67(3), 367-373. doi:10.1037/0022-006X.67.3.367 2.Marsenich, L. (2002). Evidence-based practices in mental health services for foster youth. Sacramento, CA: California Institute for Mental Health. Available at http://www.casey.org/resources/publications/pdf/improvingfamilyfostercare_fr.pdf http://www.casey.org/resources/publications/pdf/improvingfamilyfostercare_fr.pdf 3.Kolko, D. J., Hurlburt, M. S., Jinjin, Z., Barth, R. P., Leslie, L. K., & Burns, B. J. (2010). Posttraumatic Stress symptoms in children and adolescents referred for child welfare investigation. Child Maltreatment, 15(1), 48-63. 4.Pecora, P., Kessler, R., Williams, J., O’Brien, K., Downs, A.C., English, D., …. Holmes, K. E. (2005). Improving foster care—Findings from the Northwest Foster Care Alumni Study. Seattle, WA: Casey Family Programs.
The Trafficked Person Likely has been lied to about the work they will be doing in the U.S. Was economically motivated to come the United States or to seek a new job. Believes they have a real debt to pay and takes this very seriously. Has been lied to about their rights in this country and what will happen to them if they seek help. Does not have any meaningful social network. Is extremely embarrassed about what is happening to him/her. May not see themselves as a victim – they may feel blame for their situation. May be holding out hope that if he or she proves their worth, things will get better
Where are Trafficked Persons Found? Trafficking is found in many industries including: The sex industry Forced labor in agricultural or construction industries Factories, restaurants, hotels domestic servitude as servant, housekeeper or nanny Health and beauty industries As a bride As beggars or peddlers Janitorial services Health and elder care
How Are People Recruited? Grooming process Internet and social media Fake employment agencies Acquaintances or family Newspaper ads Front businesses Word of mouth Abduction
Why don’t Trafficked Persons Escape? Therefore, it is our responsibility to protect and assist people being exploited. They are afraid of being deported. They may be in danger if they try to leave. The traffickers have such a strong psychological and physiological hold on them. They fear for the safety of their families in their home countries or in the U.S. They may fear the U.S. legal system because they may not understand the laws that protect them. They may not be able to support themselves on their own. Due to all these factors, they may not complain about their situation.
http://money.cnn.com/2013/02/27/technology/social/pimps-social-networks/index.html This kind of approach works more often than parents would like to believe. Traffickers may pose as any of the following on social media: Escort Service Modeling Agency Dancing Opportunity Boyfriend Friend Human Trafficking and Technology Social Networking
1) Human Trafficking and Technology Online Classified Ads – Craigslist.org and Backpage.com
A study conducted by KLAAS KIDS Foundation found significant increases in Backpage escort ads leading up to the 2012 Super Bowl. (1) 1)K LA A S K IDS F OUNDATION, T ACKLE THE T RAFFICKER O UTREACH AND M ONITORING I NITIATIVE (Feb. 3, 2011). 2)K LA A S K IDS F OUNDATION, B EHIND CLOSED DOORS. An artist’s interpretation of an advertisement on Indianapolis Backpage February 02 nd. (2) Human Trafficking and Technology Online Classified Ads – Craigslist.org and Backpage.com
PROCESS MEANS END Recruiting Harboring, Moving, or Obtaining A person By Force, Fraud or Coercion For the purpose of Involuntary servitude, Debt bondage, Slavery or Sex Trade Three Elements of Trafficking In order to be considered trafficking on both federal and state levels, all three of these elements must be identified:
What is Force, Fraud, & Coercion? Coercion Debt Bondage Threats of Harm to Victim or Family Control of Children Controlled Communication Photographing in Illegal Situations Holding ID/Travel Documents Verbal or Psychological Abuse Control of Victims Money Punishments for Misbehavior Force Kidnapping Torture Battering Threats with Weapons Sexual Abuse Confinement Forced use of Drugs Forced Abortions Denial of Medical Care Fraud Promises of Valid Immigration Documents Victim told to use false travel papers Contract signed for Legitimate Work Promised Job differs from actuality Promises of Money or Salary Misrepresentation of Work Conditions Wooing into Romantic Relationship
Indiana Law: IC 35-42-3.5-1 Human and Sexual Trafficking, Ind. Code § 35-42-3.5, available at http://www.in.gov/legislative/ic/code/title35/ar42/ch3.5.pdf. Criminal Code Felony reclassification effective July 1, 2014. Trafficking: – A person who, by force, threat of force, or fraud engages a person in: Forced Labor Involuntary Servitude Marriage Prostitution Participation in Sexual Conduct Prosecutors don’t have to prove force when a minor under the age of 18 is being trafficked Restitution is available to trafficking victims Trafficking victims may also have a civil cause of action to recover other damages from the trafficker
Federal Law: Trafficking Victims Protection Act of 2000 A Comprehensive Law: Areas of Focus: – Prevention Public Awareness, Outreach and Education – Protection T-Visa, Certification, Benefits and Services to Victims – Prosecution Created Federal Crime of Trafficking, New Law Enforcement Tools and Efforts
Highlights of TVPA: Protection provided to trafficked persons through legal assistance and other benefits New crimes of trafficking and forced labor defined State Department reports annually on how countries are doing in combating trafficking – Lowest ranked countries are subject to sanctions
What is a T-Visa? Enables certain victims of human trafficking to live and work in the US for four years. – May be eligible to apply for adjustment of status to lawful permanent resident after three years. Can petition to have certain family members accompany them. Allows access to public benefits. Cap of 5,000 visas annually. – From 2002 through October, 2012, only 6,482 visas were issued. – The reason the number of issued visas is so low is believed to be because human trafficking victims are not coming forward.
Social Service Provision Adult victims of a severe form of trafficking may be eligible for valuable legal & social service benefits: Mental health care Legal and immigration services ESL training Independent living skills Clothing Interpretation Safety planning Housing Food Job placement and employment education Medical care and health education
Who Might Identify Trafficked Persons? Referrals about human trafficking cases can come through a variety of means: – Other Social Service Agencies – Local Law Enforcement – Labor Issue Complaints – Federal Investigations – Local/National Hotlines – Other Government Agencies – Churches – Concerned Community Members – Immigrant Officers
Identification: Social Indicators Potential victim is accompanied by another person who seems controlling and/or insists on speaking for the victim Frequent relocation Numerous inconsistencies in his or her story Neglected healthcare needs Are not in control of their own money Lack of control of identification documents Individual is using false identification papers Restricted or scripted communication Rescue and Restore Campaign The National Symposium on the Health Needs of Human Trafficking Victims Shared Hope International
Identification: Social Indicators Excess amount of cash Hotel room keys Chronic runaway/homeless youth Signs of branding (tattoo, jewelry) Lying about age Lack of knowledge of a given community or whereabouts Exhibits behaviors including hyper-vigilance or paranoia, nervousness, tension, submission, etc. Rescue and Restore Campaign The National Symposium on the Health Needs of Human Trafficking Victims Shared Hope International
Identification: Health Indicators Signs of physical abuse – Bruises – Black Eyes – Burns – Cuts – Broken teeth – Multiple scars Malnourishment Evidence of trauma Poor Dental Hygiene Psychological Problems – Depression – Anxiety – PTSD – Suicidal Ideation – Panic Attacks – Stockholm Syndrome – Fear/Distrust P OLARIS P ROJECT A T A G LANCE F OR M EDICAL P ROFESSIONALS (2010), available at http://www.cicatelli.org/titlex/downloadable/Polaris%20Project%20At-A- Glance%20for%20Medical%20Professionals%20Final.pdf.
Key Questions to Keep in Mind 8.What are/were the living conditions? 9.How did the person find out about the job? 10.Who organized the person’s migration? 11.Do they have to ask permission to eat, sleep, or go to the bathroom? 12.Do they believe they owe money for their travel or other expenses? 13.Has anyone threatened their family? 14.Where do they sleep and eat? 15.Is there a lock on their door or windows so they cannot get out? 1.Are they being forced to do something they don’t want to do? 2.Is the person allowed to leave their place of work? 3.Has the person been physically and/or sexually abused? 4.Has the person been threatened? 5.Does the person have a passport and other documents, or are they taken away? 6.Has the person been paid for his/her work or services? 7.How many hours does the person work a day?
What Can You Do? Talk about it. –Talk to your friends about the fact that there is a direct connection between prostitution, lap dancing and strip clubs and missing and exploited children. –In interviews, Johns admit that they would be deterred from buying sex if they were held criminally and socially accountable. Speak out. –Don’t tolerate or use the lingo. When prostitution is portrayed as a choice or “funny” in movies, talk about the reality. Don’t glorify the “pimp” culture. –Share these facts with others. Commit to not participating in the commercial sex industry… – To not purchase or participate in prostitution or the commercial sex industry – To hold friends accountable and demand their respect for women and children – To take action on behalf of those vulnerable to sex trafficking Take part in creating cultural change. – Encourage education for youth on topics such as healthy relationships, self-identity, life skills… – Support local organizations that serve victims of human trafficking To access “Don’t Buy the Lie” human trafficking materials, please visit the Human Trafficking webpage under Office Initiatives on the Indiana Attorney General’s website: http://www.in.gov/attorneygeneral/humantrafficking/
Human Trafficking 101: – 45-minute informational overview of trafficking Definition of terms, A look at who is involved, Action steps for how youth can be involved in standing up against this problem. Empowering Youth to End Sexual Exploitation: – Four 45-minute sessions – Looks at cultural myths, trends, and influences that feed into sex trafficking and sexual exploitation – Engages youth in activities, critical thinking, and learning to become change agents My Life, My Choice: – 10-session course for adolescent females – Geared toward at risk or former victims of trafficking – Covers topics such as reducing risks of exploitation, developing self-esteem, and sexual health What Can You Do – Promote Education for Youth
If you believe someone is a victim of Human Trafficking: Call 911 if there is an emergency or crime occurring currently. Then… – Indianapolis Trafficked Persons Assistance Program 24-hour hotline 1-800-928-6403 – National Human Trafficking Resource Center Hotline Number 1-888-3737-888 or send a text to BeFree (233733) – Indiana Child Abuse and Neglect Hotline Number 1-800-800-5556
Contact: Office of the Indiana Attorney General Human Trafficking Prevention Program email@example.com