May 10, 2013EJC - ST. LOUIS, MISSOURI Human Trafficking in Domestic Violence Cases: Identification, Assessment, Representation Task Force on Human Trafficking Commission on Domestic & Sexual Violence

Learning Objectives 2 At the end of this workshop, you will be better able to:  Identify human trafficking and develop identification protocols  Understand common and divergent legal needs for human trafficking and domestic violence survivors  Navigate social service needs for trafficked persons  Capitalize on pro bono opportunities

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion or in which the person induced to perform such an act is under 18 years of age; or (2) 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 subjecting that person to involuntary servitude, peonage, debt bondage, or slavery. A severe form of trafficking in persons 3

In other words…. 4 Human trafficking is compelling service in labor or commercial sex using physical or psychological means It is also called slavery, labor trafficking, forced labor, and sex trafficking

Review the fact pattern (Handout 1) and as a small group, identify a list of action, means, and purpose that could deem Siti to be trafficked. Small Group Exercise 5

Human Trafficking 6 Action Recruitment Transportation Transfer Harboring Receipt Means Threat Force Coercion Fraud Deception Abuse of power Give/receipt of payment/benefit Purpose Control/exploitation Labor Commercial sex

Human Trafficking Root Causes 7 Pull Factors Economic or Social Opportunity Educational Opportunity Safety Push Factors Poverty Political Instability Oppression Discrimination Climate Change Home instability

Who are the Traffickers? 8 Role Recruiter Transporter Manager Enforcer Demographic Individual Family Member Small Network Large Organized Crime Syndicate

Human trafficking occurs in all of these industries: 9 Agriculture Commercial sex Construction Custodial Services Dancing Domestic work Fishing Food service Home care Hospitality Manufacturing Massage Parlors Mining Retail

Myths and Misconceptions 10 True/False: 1. Most trafficking begins with abduction False 2. Most trafficked persons in US are US Citizens We don’t know 3. Risk of sexual assault in labor trafficking is low False

Human Trafficking Indicators 11 Unable to leave premises Always accompanied Lives with employer Poor living conditions Unable to speak to anyone alone In Debt Offers canned responses Identity documents held Physically or sexually abused Appears submissive or fearful Receives little or no pay Insulted by supervisors Lives with multiple people in a small space

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Why develop anti-trafficking services? 13 Globally, less than 1% of trafficked people are identified Because the issue is still relatively new, trafficked people do not self-identify and know assistance is available Domestic violence attorneys have an extensive infrastructure in place that can be used to connect more trafficked people with protections

What do human trafficking and domestic violence have in common? 14 Traffickers use similar methods to control trafficked persons to both adopt a harm reduction/autonomy approach Civil, criminal and administrative legal remedies are similar Both have similar basic social service needs

Victim Witness Representation 15 Federal prosecutions: very time consuming, all day interviews, grand jury, more likely to go to trial Safety needs could be greater if trafficker is connected with organized crime or part of a large network Many federal prosecutions involve multiple victim witnesses and raise potential conflicts with few legal and social service providers available Prosecutors often expect cooperation and protecting victim autonomy can be more difficult

Civil Litigation 16 Often only access to compensation for victimization Without economic access, trafficked persons are simply returned to the state that led them to be recruited Many federal prosecutions involve multiple victim witnesses and raise potential conflicts with few legal and social service providers available Prosecutors often expect cooperation and protecting victim autonomy can be more difficult

Immigration 17 Trafficked persons have been able to obtain the following immigration protections: VAWA self- petitions, U-visas, T-visas, asylum, Special Immigrant Juvenile Status Specialized T-visas follow a similar process to immigration applications used for domestic violence survivors Unidentified trafficked people are often subject to immigration enforcement

Criminal Defense and Post-Conviction Relief 18 Like domestic violence survivors, trafficked persons are often arrested as offenders (typically related to prostitution) They need victim advocates to identify them pre and post conviction to be treated as victims and not offenders

Small Group 19 Make a list of non-legal services and protections your domestic violence clients access.

Small Group 20 Which would a trafficked person need? What else is needed? Do you know how to access such services in your community?

Learning Objectives 21 As a result of this workshop, you are now better able to:  Identify human trafficking and develop identification protocols  Understand common and divergent legal needs for human trafficking and domestic violence survivors  Navigate social service needs for trafficked persons  Capitalize on pro bono opportunities

For More Information 22 Task Force on Human Trafficking Commission on Domestic & Sexual Violence