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Advanced Human Trafficking in the State of Texas TCOLE Course #: 3271 Hosted By Bexar County Constable ’ s Office PCT#4 Constable Robert M. Blount MASTER.

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Presentation on theme: "Advanced Human Trafficking in the State of Texas TCOLE Course #: 3271 Hosted By Bexar County Constable ’ s Office PCT#4 Constable Robert M. Blount MASTER."— Presentation transcript:

1 Advanced Human Trafficking in the State of Texas TCOLE Course #: 3271 Hosted By Bexar County Constable ’ s Office PCT#4 Constable Robert M. Blount MASTER COPY

2 ADMINISTRATIVE Please complete the BCCO PCT #4 Registration form and turn it in now. Make sure you sign TCOLE Report of Training (PID#, Full Name and DOB). All cell phones off please – pay attention to course materials and show common respect & courtesy.

3 ADMINISTRATIVE Please complete the BCCO PCT #4 Registration form and turn it in now. Make sure you sign TCOLE Report of Training (PID#, Full Name and DOB). All cell phones off please – pay attention to course materials and show common respect & courtesy.

4 About Your Instructor Course Facilitator - Mentor George D. Little A.S. & B.S. Criminal Justice & Sociology B.S.CJ Wayland Baptist University, San Antonio M.S. Criminology & Counter-Terrorism University of the State of New York 2012 T.C.L.E.O.S.E. Professional Achievement Award Certified Crime Prevention Specialist (C.C.P.S.) TCLEOSE Basic Instructor Certificate 1984 TCLEOSE Master Peace Officer 1991 MP Special Operations Operator Counter-Terrorism 1988 Graduate Drug Enforcement Administration Academy 1977 42- years Law Enforcement Experience 39-Years Teaching & Instructor Experience

5 UNIT ONE 5

6 LEARNING OBJECTIVES Learning Objective 1.0: Learning Objective 1.0: The participant will be able to Learning Objective 1.1: Learning Objective 1.1: The participant will be able to Learning Objective 1.2: Learning Objective 1.2: The participant will be able to Learning Objective 1.3: Learning Objective 1.3: The participant will be able to Learning Objective 1.4: Learning Objective 1.4: The participant will be able to 6

7 Video part one

8 8 OVERVIEW  Understanding human trafficking  Identify the stages and elements of human trafficking  Communicating with victims of human trafficking  Role of local law enforcement  Non-governmental organization involvement

9 9 FREQUENTLY ASKED QUESTIONS What is human trafficking? Are there differences between human trafficking and human smuggling? Who are human traffickers? If I come in contact with a suspected victim of human trafficking who should I contact?

10 10 Do victims of human trafficking need to be physically restrained / detained? What are the main elements of trafficking? Are there domestic trafficking victims in the United States? What type of person is most commonly victimized? FREQUENTLY ASKED QUESTIONS

11 11 MYTH: Human trafficking and smuggling are the same Human trafficking and smuggling are the same. Smuggling is based on a consensual agreement between smuggler and client while trafficking is a result of fraud, force or coercion by a suspect on a victim. Smuggling may become trafficking. FACT: Smuggling is based on a consensual agreement between smuggler and client while trafficking is a result of fraud, force or coercion by a suspect on a victim. Smuggling may become trafficking. COMMON MYTHS

12 12 MYTH: Traffickers are always strangers. Anyone who receives something of value for the exploited services can be a trafficker. This includes parents, family members, or friends, as well as unknown persons or strangers. FACT: Anyone who receives something of value for the exploited services can be a trafficker. This includes parents, family members, or friends, as well as unknown persons or strangers. COMMON MYTHS

13 13 MYTH: Human trafficking investigations/prosecutions are only handled by the federal government. FACT: FACT: Human trafficking cases may be investigated and prosecuted by the state (PC 20A.02) or at the federal level. COMMON MYTHS

14 14 MYTH: Trafficking victims always seek help to escape their exploitation. FACT: Trafficking victims will not always self-identify or seek help. They may be too traumatized and need additional time to reveal their victimization. COMMON MYTHS

15 15 MYTH: Movement is required for trafficking to occur. FACT: FACT: Trafficking can occur without movement. Force, fraud or coercion are the necessary elements, not movement. COMMON MYTHS

16 16 MYTH: All trafficking victims are immigrants or foreign nationals. FACT: Trafficking victims can be U.S. citizens or lawful residents. COMMON MYTHS

17 17 MYTH: All trafficking victims are females. FACT: Anyone can be a trafficking victim, regardless of age and gender. COMMON MYTHS

18 18 MYTH: All “prostitutes” are criminals and are willing participants. FACT: Persons involved in prostitution may have been forced or coerced into providing sexual services, especially in the case of minors. COMMON MYTHS

19 19 DEFINE & PROCESS Process: Define: Define: Explain the background and negative impact of racial profiling in law enforcement profession

20 UNIT TWO 20

21 21 LEARNING OBJECTIVES Learning Objective 2.0: Learning Objective 2.0: The participant will be able to Learning Objective 2.1: Learning Objective 2.1: The participant will be able to Learning Objective 2.2: Learning Objective 2.2: The participant will be able to Learning Objective 2.3: Learning Objective 2.3: The participant will be able to Learning Objective 2.4: Learning Objective 2.4: The participant will be able to 21

22 The Trafficking Victims Protection Act (TVPA) defines trafficking as: a. 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 has not attained 18 years of age; 22 HUMAN TRAFFICKING DEFINED

23 23 b. 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..

24 24 A victim need not be physically transported from one location to another in order for the crime to fall within these definitions.

25 25  Human trafficking is a form of modern-day slavery.  Victims of trafficking are exploited for commercial sex or labor purposes.  Traffickers use force, fraud, or coercion to control their victims. HUMAN TRAFFICKING CONCEPTS

26 26  Exploitation is a key element to the crime of human trafficking.  The physical movement of the victim is not a prerequisite  The physical movement of the victim is not a prerequisite.

27 Trafficking  Crime or violation against a person  Contains element of coercion (victim cannot consent to enslavement)  Subsequent exploitation (forced labor for debt) 27

28 28  Can occur domestically  Trafficked individuals seen as victims Trafficking - Continued

29 Smuggling  Crime against the nation’s sovereignty  No coercion, contact ends after entry  Fees paid in advance or upon arrival  Always international in nature  Individuals making illegal entry are seen as violators 29

30 30 SUMMARY TRAFFICKING VS SMUGGLING Trafficking  Crime or violation against a person  Contains element of coercion (victim cannot consent to enslavement)  Subsequent exploitation (forced labor for debt)  Can occur domestically  Trafficked individuals seen as victims Smuggling  Crime against the nation’s sovereignty  No coercion, contact ends after entry  Fees paid in advance or upon arrival  Always international in nature  Individuals making illegal entry are seen as violators

31 WHO ARE HUMAN TRAFFICKERS? 31  Friends and family members  Organized criminal groups local gangslocal gangs drug trafficking organizationsdrug trafficking organizations  Smugglers  Pimps/madams

32 32  Adult entertainment industry  Massage parlor operators  Labor subcontractors WHO ARE HUMAN TRAFFICKERS? Continued

33 STAGES OF VICTIMIZATION  Vulnerability Looking for better life Looking for better life Escape current conditions Escape current conditions  Recruitment Voluntary (fraud) Voluntary (fraud) Forced (force or coercion) Forced (force or coercion)

34 34  Exploitation (physical and psychological)  Resolution Rescue Rescue Escape Escape Death Death STAGES OF VICTIMIZATION Continued

35 35 DEFINE & PROCESS Process: Define: Define: Explain the background and negative impact of racial profiling in law enforcement profession

36 UNIT THREE 36

37 37 LEARNING OBJECTIVES Learning Objective 3.0: Learning Objective 3.0: The participant will be able to Learning Objective 3.1: Learning Objective 3.1: The participant will be able to Learning Objective 3.2: Learning Objective 3.2: The participant will be able to Learning Objective 3.3: Learning Objective 3.3: The participant will be able to Learning Objective 3.4: Learning Objective 3.4: The participant will be able to 37

38 38 METHODS USED TO CONTROL VICTIMS FORCE, FRAUD AND COERCION are methods used by traffickers to press victims into lives of servitude and abuse.

39 39 FORCE  Beating  “Seasoning”  Torture  Sexual Assault  Burning  Drug Addiction  Confinement  Branding or Tattooing

40 40 FRAUD  False promises, marriages, employment  Deceitful enticing and affectionate behavior, “the boyfriend”  Withholding wages  Misrepresenting working conditions  Misrepresenting the promise of a “better life”

41 41 COERCION  Threats Of Serious Harm Or Restraint  Intimidation/Humiliation  Emotional Abuse  Control Of Daily Lives And Brainwashing

42 42  Threats To Family Members  Deportation Threats  Confiscation Of Documents COERCION – Continued

43 43 HOW BIG IS THE PROBLEM?  The International Labor Organization estimated more than 2.4 million people are victims of forced labor as a result of human trafficking.  More than half of whom are women and girls 1 1 2

44 44 International Labor Organization, A Global Alliance Against Forced Labour, A Global Report under the Follow-up to the ILO Declaration on Fundamental Principles and rights at Work 2005 The cost of coercion; REPORT OF THE DIRECTOR-GENERAL; Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work; INTERNATIONAL LABOUR CONFERENCE; 98th Session 2009 1212  The cost to victims is estimated at $20.9 billion per year 2 HOW BIG IS THE PROBLEM? Continued

45 45 TEXAS NUMBERS….  Bureau of Justice Administration human trafficking task forces have reported (August 2010) 456 Texas-based incidences or investigations 456 Texas-based incidences or investigations 133 arrests 133 arrests 511 identified victims 511 identified victims Reports from January 1, 2007 – August 12, 2010 (Austin, Dallas, Fort Worth, Houston and San Antonio Reports from January 1, 2007 – August 12, 2010 (Austin, Dallas, Fort Worth, Houston and San Antonio

46 46  Innocence Lost Task Forces in Texas reported the rescue of 109 minor victims in FY 2010 (October 2009-August 2010)  The National Human Trafficking Resource Center Hotline indicates 12% of calls came from Texas in 2009 (highest % of calls) TEXAS NUMBERS…Cont’d

47 47 SEX TRAFFICKING DEFINED Commercial sex act induced by force, fraud, or coercion, or, sex act in which the person performing the act is under the age 18.

48 SEX TRAFFICKING  Prostitution is the most common form of trafficking in the United States  May be working in: Massage parlors Massage parlors Brothels Brothels Strip clubs Strip clubs 48

49 49  May be working in: Escort services Escort services Bars Bars Modeling studios Modeling studios Street Corner Street Corner SEX TRAFFICKING Continued

50 50 DOMESTIC MINOR SEX TRAFFICKING VICTIM  100,000 to 300,000 American children victimized through the practice of child prostitution every year (commercial sexual exploitation)  30% of shelter youth and 70% of street youth victimized through commercial sexual exploitation 1 2 1 2

51 51 1 Prostituted Children in the United States: Identifying and Responding to America’s Trafficked Youth, Serg.1. Shared Hope International and Onanon Productions. DVD. Washington, D.C.:Shared Hope International 2 3 Estes, R. & Weiner, N. “Commercial Sexual Exploitation of Children in the U.S., Canada, and Mexico.” University of Pennsylvania, 2001 Heather J. Clawson, Nicole Dutch, Amy Solomon, and Lisa Goldblatt Grace, August 2009  Organizations and agencies working with domestic minors involved in prostitution estimate that 70-80% of the minors they serve are runaways with a history of childhood abuse and sexual abuse 3

52 LABOR TRAFFICKING Using force, fraud, or coercion to  recruit,  harbor,  transport,  obtain, or  employ a person for labor or 52

53 53 Using force, fraud, or coercion to  services in involuntary servitude,  peonage,  debt bondage, or  slavery. LABOR TRAFFICKING Continued

54 54 Labor trafficking may be separated into three distinct categories which are used to exploit victims of human trafficking. LABOR TRAFFICKING

55 55 1.Bonded Labor 2.Forced Labor 3.Child Labor LABOR TRAFFICKING Continued

56 56 Labor is demanded as a means of repayment for a loan or service in which the terms and conditions have not been defined or in which the value of the victim’s services, as reasonably assessed, is not applied toward the liquidation of the debt. The value of their work is greater than the original sum of money “borrowed.” BONDED LABOR

57 57 Migrant farm workers Migrant farm workers Labor camps or sweatshops Labor camps or sweatshops Domestic servitude Domestic servitude BONDED LABOR Continued

58 58 Victims are forced to work against their will, under the threat of violence or some other form of punishment, their freedom is restricted and a degree of ownership is exerted. FORCED LABOR

59 59 Domestic servitude Domestic servitude Agricultural labor Agricultural labor Sweatshop factory labor Sweatshop factory labor Janitorial services Janitorial services Food service Food service Magazine salesMagazine sales Begging Begging FORCED LABOR continued continued

60 60 Work likely to be hazardous to the health and/or physical, mental, spiritual, moral or social development of children and can interfere with their education. CHILD LABOR

61 61 Commercial Sex tradeCommercial Sex trade Forced military serviceForced military service Domestic servitudeDomestic servitude Drug tradeDrug trade Illegal Arms tradeIllegal Arms trade CHILD LABOR – Cont’d:

62 62  The International Labor Organization estimates worldwide there are 215 million children between 5 and 17 involved in child labor. 1 CHILD LABOR – Cont’d:

63 63  Of those, more than 115 million are involved in the “unconditional worst forms of child labor” including debt bondage, forced recruitment for armed conflict, prostitution, pornography, the illegal drug trade, the illegal arms trade and other illicit activities around the world. 1 1 International Labor Organization Report; The Hague Global Child Labour Conference 2010 CHILD LABOR – Cont’d:

64 64 WHERE VICTIMS ARE EXPLOITED  Restaurants  Nail salons  Factories  Private residences  Cantinas/Bars  Massage parlors  Escort services  Sexually oriented businesses

65 65 MARKETING THE EXPLOITATION  Internet *  Personal ads  Business cards  Flyers  Marriage bureaus  Social Network sites

66 66 Internet ads and pages are continually adapting. Pressures from citizens, Attorney General’s and other organizations have forced some sites to close “Adult Services” pages. Traffickers continue to seek internet sites to cater to their ads * Internet ads and pages are continually adapting. Pressures from citizens, Attorney General’s and other organizations have forced some sites to close “Adult Services” pages. Traffickers continue to seek internet sites to cater to their ads.

67 67 The next prostitute, exotic dancer, illegal immigrant, runaway youth, domestic servant, or migrant worker you encounter or take into custody may be a victim of human trafficking.” “The next prostitute, exotic dancer, illegal immigrant, runaway youth, domestic servant, or migrant worker you encounter or take into custody may be a victim of human trafficking.” WHO ARE THE VICTIMS?

68 UNIT FOUR 68

69 69 LEARNING OBJECTIVES Learning Objective 4.0: Learning Objective 4.0: The participant will be able to Learning Objective 4.1: Learning Objective 4.1: The participant will be able to Learning Objective 4.2: Learning Objective 4.2: The participant will be able to Learning Objective 4.3: Learning Objective 4.3: The participant will be able to Learning Objective 4.4: Learning Objective 4.4: The participant will be able to 69

70 70 DEFINE & PROCESS Process: Define: Define: Explain the background and negative impact of racial profiling in law enforcement profession

71 71 WHAT CAN LAW ENFORCEMENT DO?  Know and Use existing Federal and State laws to interdict Human Trafficking Trafficking Victims Protection Act - Federal Law (Title 8 USC Chap 77 Section 1581 - TVPA protects both U.S. citizens and non-citizens) Trafficking Victims Protection Act - Federal Law (Title 8 USC Chap 77 Section 1581 - TVPA protects both U.S. citizens and non-citizens)

72 72 Enforcement of Texas Penal Code-State Laws Enforcement of Texas Penal Code-State Laws  Begin building partnerships  Look “Beneath the Surface” WHAT CAN LAW ENFORCEMENT DO? Continued

73 73 TRAFFICKING VICTIMS PROTECTION ACT (TVPA)  Prior to 2000, there was no comprehensive federal law to protect victims of trafficking or to prosecute traffickers.  TVPA was signed into law October 2000 and has since been re-authorized every three years by Congress. (2003/2005/2008)

74 74  TVPA made human trafficking a federal crime. TRAFFICKING VICTIMS PROTECTION ACT (TVPA) Continued

75 75 Three key components of TVPA 1. Prevention  Through public awareness and education TRAFFICKING VICTIMS PROTECTION ACT (TVPA)

76 76 Three key components of TVPA 2. Protection  Through services and benefits to help victims rebuild their lives 3. Prosecution  Through new law enforcement tools and efforts TRAFFICKING VICTIMS PROTECTION ACT (TVPA) Continued

77 77 TVPA PERMITS PROSECUTION..  where non-violent coercion is used to force victims to work  where victim's service is compelled by confiscation of documents  of sex trafficking by removing the knowledge-of-age requirement in certain instances involving minors

78 78 TVPA PROVIDES….  Increases prison terms for all slavery violations up to 20 years; adds life imprisonment if it involves death, kidnapping, or the sexual abuse of victim  Restitution and/or forfeiture of assets upon conviction

79 79  Witness protection, legal immigration status  Access to benefits and services TVPA PROVIDES….Cont’d

80 80 20A.01. DEFINITIONS. In this chapter: "FORCED LABOR OR SERVICES" means labor or services, including conduct that constitutes an offense under section 43.02, that are performed or provided by another person and obtained through an actor’s: (1) "FORCED LABOR OR SERVICES" means labor or services, including conduct that constitutes an offense under section 43.02, that are performed or provided by another person and obtained through an actor’s: TEXAS PENAL CODE 43.02Prostitution 43.02Prostitution

81 81 (A)causing or threatening to cause bodily injury to the person or another person or otherwise causing the person performing or providing labor or services to believe that the person or another person will suffer bodily injury; TEXAS PENAL CODE

82 82 (B)restraining or threatening to restrain the person or another person in a manner described by Section 20.01(1) or causing the person performing or providing labor or services to believe that the person or another person will be restrained: TEXAS PENAL CODE Continued

83 83 knowing, destroying, concealing, removing, confiscating, or withholding from the person or another person, or threatening to destroy, conceal, remove or confiscate, or withhold from the person or another person, the person actual or purported: (C)knowing, destroying, concealing, removing, confiscating, or withholding from the person or another person, or threatening to destroy, conceal, remove or confiscate, or withhold from the person or another person, the person actual or purported: (i) government records; (ii) identifying information; or (iii) personal property;

84 84 (D) threatening the person with abuse of the law or the legal process in relation to the person or another person; TEXAS PENAL CODE Continued

85 85 (E) threatening to report the person or another person to immigration officials or other law enforcement officials or otherwise blackmailing or extorting the person or another person; TEXAS PENAL CODE Continued

86 86 (F) exerting financial control over the person or another person by placing the person or another person under the actor’s control as security for a debt to the extent that: TEXAS PENAL CODE Continued

87 87 (F) (i) the value of the services provided by the person or another person as reasonably assessed is not applied toward the liquidation of the debt; (F) (ii) the duration of the services provided by the person or another person is not limited and the nature of the services provided by the person or another person is not defined; or

88 88 (F) (iii) the principal amount of the debt does not reasonably reflect the value of the items or services for which the debt is incurred; or TEXAS PENAL CODE Continued

89 89 (G) using any scheme, plan, or pattern intended to cause the person to believe that the person or another person will be subjected to serious harm or restraint if the person does not perform or provide the labor or services (G) using any scheme, plan, or pattern intended to cause the person to believe that the person or another person will be subjected to serious harm or restraint if the person does not perform or provide the labor or services. TEXAS PENAL CODE Continued

90 90 (2) "TRAFFIC" means to transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means.

91 91 § 20A.02. TRAFFICKING OF PERSONS (a)A person commits an offense if the person knowingly: (1) traffics another person with the intent or knowledge that the trafficked person will engage in forced labor or services; or TEXAS PENAL CODE

92 92 § 20A.02. TRAFFICKING OF PERSONS (a)(2)benefits from participating in a venture that involves an activity described by Subdivision (1), including by receiving labor or services the person knows are forced labor or services.

93 93 § 20A.02. TRAFFICKING OF PERSONS FELONY OF THE SECOND DEGREE (b)Except as otherwise provided by this subsection an offense under this section is a: FELONY OF THE SECOND DEGREE

94 94 An offense under this section is a FELONY OF THE FIRST DEGREE if: (1) the applicable conduct constitutes an offense under Section 43.05 or 43.25 and the person who is trafficked is a child younger than 18 years of age at the time of the offense; regardless of TEXAS PENAL CODE 20A.02

95 95 43.05Compelling Prostitution 43.25Sexual Performance of a Child whether the actor knows the age of the child at the time the actor commits the offense; or (2) the commission of the offense results in the death of the person who is trafficked.

96 96 Sec. 43.05 Compelling Prostitution (a)A person commits an offense if the person knowingly: (a)A person commits an offense if the person knowingly: (1) causes another by force, threat, or fraud to commit prostitution; or (1) causes another by force, threat, or fraud to commit prostitution; orfirst degree. TEXAS PENAL CODE

97 97 Sec. 43.05 Compelling Prostitution (a)(2) causes by any means a child younger than 18 years to commit prostitution, regardless of whether the actor knows the age of the child at the time the actor commits the offense. (a)(2) causes by any means a child younger than 18 years to commit prostitution, regardless of whether the actor knows the age of the child at the time the actor commits the offense. (b)An offense under this section is a felony of the second degree.

98 98 Sec. 43.05 Compelling Prostitution NOTE: 20A.02 provides that offenses under section (a)(2) are felonies in the first degree.

99 99 OTHER APPLICABLE TEXAS LAWS Often traffickers violate other state laws such as: Kidnapping, Unlawful Restraint PC 20.01 Kidnapping, Unlawful Restraint PC 20.01 MurderPC 19.02 MurderPC 19.02 Assault Offenses PC 22.01 Assault Offenses PC 22.01 Aggravated Sexual PC 2.021 Aggravated Sexual PC 2.021 Assault Assault

100 100 Often traffickers violate other state laws such as: Sexual AssaultPC 22.11 Sexual AssaultPC 22.11 Aggravated PC 20.04 Aggravated PC 20.04Kidnapping Compelling PC 43.05 Compelling PC 43.05Prostitution Organized Criminal PC 71.02 Organized Criminal PC 71.02 Activity (Brothels) Activity (Brothels) Seizure of Assets CCP Chap 59 Seizure of Assets CCP Chap 59

101 CCP Chapter 59 CCP Art 59.01 (2) Contraband" means property of any nature, including real, personal, tangible, or intangible, that is: (A) used in the commission of: (i) any first or second degree felony under the Penal Code 101

102 102 CCP Art. 59.02. FORFEITURE OF CONTRABAND. (a) Property that is contraband is subject to seizure and forfeiture under this chapter. CCP Chapter 59

103

104 104 DEFINE & PROCESS Process: Define: Define: Explain the background and negative impact of racial profiling in law enforcement profession

105 UNIT FIVE 105

106 106 LEARNING OBJECTIVES Learning Objective 5.0: Learning Objective 5.0: The participant will be able to Learning Objective 5.1: Learning Objective 5.1: The participant will be able to Learning Objective 5.2: Learning Objective 5.2: The participant will be able to Learning Objective 5.3: Learning Objective 5.3: The participant will be able to Learning Objective 5.4: Learning Objective 5.4: The participant will be able to 106

107 107 VISUAL INDICATORS  Restrictions of movement  Building security  Living conditions  Living/working in same place  Smuggling or other debt owed to employers  Working conditions; no safety equipment

108 108  Control; lack ability to move freely or leave job  Signs of physical abuse  Intense fear / depression  Branding / tattooing  Drug addiction CLUES TO LOOK FOR

109 109  Don’t speak the local language  Control of a workers documents  Recent arrival from a source/transit country CLUES TO LOOK FOR Continued

110 SEPERATING TRAFFICKER FROM VICTIM  Who is best dressed?  Who has clean shoes?  Who is holding or has control of identification documents?

111 111  Who looks most confident?  Who aggressively attempts to provide language interpretation?  Who will look you in the face as you talk to them? SEPERATING TRAFFICKER FROM VICTIM – Cont’d

112 112 TRAFFICKING VICTIM MENTALITY  May not identify themselves as victims  May initially lie or use rehearsed stories  May change story over time  May exhibit “Stockholm Syndrome” and show empathy for traffickers

113 113  May be behaviorally dependent on trafficker  May not want family to know of his/her circumstances  May exhibit “Stockholm Syndrome” and show empathy for traffickers TRAFFICKING VICTIM MENTALITY – Cont’d

114 114  May not speak English  May have cultural or religious background that deter them from telling full story  May be reluctant to speak to someone wearing a gun, badge, or uniform TRAFFICKING VICTIM MENTALITY

115 115  May be culturally conditioned to fear government employees  May be fearful for their families' safety in home country TRAFFICKING VICTIM MENTALITY – Cont’d

116 UNDERSTAND DOMESTIC VICTIMS MAY ….  lie about their age and use false identification  not fit stereotype of a victim (juvenile delinquent, child prostitute, at-risk youth, or runaway)  think of trafficker as “boyfriend” and be reluctant to provide information

117 117  be involved in juvenile gang activity  have been trafficked by a family member  be a runaway or reported as a missing child  have been abused/sexually abused at home UNDERSTAND DOMESTIC VICTIMS MAY …. Cont’d

118 118 MINDSET OF TRAFFICKING VICTIMS  Their current situation may still be better than where they came from  May be unaware of their rights or have been misled  Often blame themselves for their situations  Have a loyalty to the trafficker

119 119 MINDSET OF TRAFFICKING VICTIMS  Distrust outsiders, especially law enforcement and fear deportation or arrest  Do not speak English and lack cultural knowledge  Fearful for safety of families left behind

120 120 WHO ARE THE VICTIMS?  Men, Women, and Children  Domestic – U.S. Citizens and Residents within the United States  International – Foreign Nationals Across International Borders  Desperate, vulnerable, and impoverished Persons

121 121 DEFINE & PROCESS Process: Define: Define: Explain the background and negative impact of racial profiling in law enforcement profession

122 UNIT SIX 122

123 123 LEARNING OBJECTIVES Learning Objective 6.0: Learning Objective 6.0: The participant will be able to Learning Objective 6.1: Learning Objective 6.1: The participant will be able to Learning Objective 6.2: Learning Objective 6.2: The participant will be able to Learning Objective 6.3: Learning Objective 6.3: The participant will be able to Learning Objective 6.4: Learning Objective 6.4: The participant will be able to 123

124 124  Fear of deportation The TVPA authorizes special visas and other forms of immigration relief to certain trafficking victims. COMMUNICATION BARRIERS

125 125  Fear of reunification with abusive family  Does not identify as a victim Services/placem ent elsewhere will be investigated. You are a victim, not a criminal. What is happening to you is wrong.

126 126  Distrust of law enforcement  Unaware of rights We can help get you what you need. We can protect you. You can trust us. You have rights. You have the right to live without being abused.

127 127 VICTIM INTERVIEW CONSIDERATIONS  Look for comfortable space with no physical barriers  Depending on policy, do not videotape or audiotape initial conversation  Prepare questions prior to your interview

128 128  Use informal conversation  Consider using a children’s advocacy center for interviewing minors VICTIM INTERVIEW CONSIDERATIONS – Cont’d

129 129  Do not make promises you cannot keep  Keep note taking to a minimum  Allow victim to set length and pace, be patient  Watch for body language cues VICTIM INTERVIEW CONSIDERATIONS – Cont’d

130 130 QUESTIONING BENEATH THE SURFACE  How did you get here?  Do you know where you are?  Where do you live, eat and sleep?  Do you owe a debt or money?  Who controls your legal or travel documents?

131 131  Who controls your legal or travel documents?  Were you threatened if you tried to leave?  Who makes your travel arraignments?  Are you ever left alone? QUESTIONING BENEATH THE SURFACE – Cont’d

132  Has your family been threatened?  Were you physically abused?  Were you ever forced to stay in one place?  Who are you afraid of? QUESTIONING BENEATH THE SURFACE – Cont’d

133 133  How many people do you live with?  What were you told to say to the police or immigration?  Who paid for their travel? QUESTIONING BENEATH THE SURFACE – Cont’d

134 INVESTIGATIVE TOOLS  Take statement as soon as possible  Take photos of victim & any tattoos (branding)  Identify & capture any social network (internet) used to traffic the victim & archive the pages

135 135  Determine who is paying for rooms used by victim victim  Take all cell phones for phone numbers and find out who is paying the bill  Get sexual assault exam, if possible, for commercial sex trafficking INVESTIGATIVE TOOLS Continued

136 136 IMMEDIATE NEEDS  Clothing  Food Possibly malnourished Possibly malnourished  Housing Safe and secureSafe and secure Culturally and linguistically appropriateCulturally and linguistically appropriate Age and gender appropriateAge and gender appropriate

137 137  What exists Emergency sheltersEmergency shelters Homeless sheltersHomeless shelters Youth sheltersYouth shelters Domestic violence sheltersDomestic violence shelters Hotel vouchersHotel vouchers Good SamaritansGood Samaritans IMMEDIATE NEEDS – Cont’d

138 138 Additional basic needs medical, safety and security, language interpretation and legal services Mental health assistance Counseling VICTIM SUPPORT

139 139 Income assistance Cash, living assistance Legal status T visa, immigration, certification, guardianship issues VICTIM SUPPORT – Cont’d

140 LAW ENFORCEMENT COLLABORATION  Human Trafficking cases are complex and can quickly overwhelm a single agencies ability to: Respond Respond Investigate / Prosecute Investigate / Prosecute Support victims Support victims

141 141  Cooperation between Local, State and Federal Law Enforcement is essential  Community and NGO support for victims should occur at the onset LAW ENFORCEMENT COLLABORATION – Cont’d

142 142 DEFINE & PROCESS Process: Define: Define: Explain the background and negative impact of racial profiling in law enforcement profession

143 UNIT SEVEN 143

144 144 LEARNING OBJECTIVES Learning Objective 7.0: Learning Objective 7.0: The participant will be able to Learning Objective 7.1: Learning Objective 7.1: The participant will be able to Learning Objective 7.2: Learning Objective 7.2: The participant will be able to Learning Objective 7.3: Learning Objective 7.3: The participant will be able to Learning Objective 7.4: Learning Objective 7.4: The participant will be able to 144

145 HT CASE 1 SUMMARY Overview AG CID investigators were assisting TABC on a bar check and discovered indicators of ongoing prostitution. Subjects were interviewed and 1 said she had been kidnapped from Mexico and forced to prostitute in the bar. She was 14 yoa when abducted and had a 14 mth old child; trafficker suspected of being the father. In all 20 beds on wood frames were located in 2 building adjoining the bar in a fenced area. Ten women in the bar were interviewed, 1 had documents. Interviews revealed victim was not able to leave, did not have possession of child during day and did not have any documents. The victim needed a interpreter for the interview. Victim compelled to work to see child.

146 HT CASE 1 SUMMARY Indicators and Response HT Indicators: No personal possessions in work space Poor working conditions (20 beds in small space) Did not speak English Working inside fenced area w/ limited access points No documents for 9 of the 10 girls contacted Initial Actions: Got interpreter for interviews. Outside agencies contacted for support (ICE & DA). NGO support contacted once needs identified. Charges filed for underlying violations (Compelling Prostitution / Assault/FV). Plans made for investigation of Trafficking in Persons charges.

147 HT CASE 2 SUMMARY Overview OAG North Tex. HTTF received case as a victim outcry. The victim escaped, along with her 3 children after being held captive for over 3 months. The victims were smuggled into the US via Juarez. Once in the US the smugglers demanded more money making the victim call her family in Mexico. The family couldn’t pay & the victims were placed into forced labor at a house in El Paso. While at the residence, the victim & her daughter were forced to keep the house clean & were not paid for the work. The victim & her daughter were threatened if they told anyone about their situation. They escaped & are living in El Paso. Two suspects were identified & charged with Trafficking of Persons. Both are suspected of being back in Mexico. Warrants are outstanding for their arrest.

148 HT CASE 2 SUMMARY Indicators and Response Initial Contact: Victim escape & outcry. Case demonstrates common tactics used by smugglers; case begins as smuggling then turns to extortion then into trafficking (forced labor). HT Indicators: Forced to work without compensation Forced Labor vs. Bonded Labor No contract or notification of paying off a debt by working for any form of wages. Labor performed without compensation Threats of death No documents Limited contact with anyone outside of traffickers Initial Actions: Interview of the victims & verification by follow up investigation resulted in case being filed & suspects being indicted.

149 Trafficking Corridors follow the state & interstate highways system. Human traffickers are subject to the same discovery probabilities as the narcotics traffickers if the officer is aware of the possible human trafficking indicators and know what questions to ask.

150

151 151 DEFINE & PROCESS Process: Define: Define: Explain the background and negative impact of racial profiling in law enforcement profession

152 UNIT EIGHT 152

153 153 LEARNING OBJECTIVES Learning Objective 8.0: Learning Objective 8.0: The participant will be able to Learning Objective 8.1: Learning Objective 8.1: The participant will be able to Learning Objective 8.2: Learning Objective 8.2: The participant will be able to Learning Objective 8.3: Learning Objective 8.3: The participant will be able to Learning Objective 8.4: Learning Objective 8.4: The participant will be able to 153

154 154 WHAT ARE NGO’S NGO’s are Non-Governmental Organizations that want to assist the victims through collaboration with law enforcement. Examples: Red Cross Salvation Army Polaris Project (DHHS Funded)

155 155 NGO’s Examples – Cont’d: Religious organizations Shared Hope International National Center for Missing and Exploited Children Freedom Network

156 156  NGO’s and victim advocates can play a vital role in victim interviews.  Conveying a sense of safety and trust to emancipated victims is critical. WHY WORK WITH NGO’S?

157 157  Successful investigation, prosecution and victim rehabilitation requires collaboration between law enforcement and non- governmental organizations WHY WORK WITH NGO’S? Continued

158 158  NGO’s have limits, lots of them.  NGO’s need information about clients.  NGO’s have safety concerns.  NGO’s have different expertise than you. WORKING WITH NGO’S

159 159  NGO’s generally work in teams.  NGO’s need the trust of law enforcement and governmental agencies and vice versa.  NGO’s priorities may differ from those of law enforcement  NGO’s priorities may differ from those of law enforcement. WORKING WITH NGO’S Continued

160 160 NGO/VICTIM SAFETY ISSUES Why Conduct a safety screening?  Concern for Victim Victim Family in country of origin Family in country of origin

161 161 Why Conduct a safety screening?  Considerations Arrest of trafficker Arrest of trafficker Organized crime ties Organized crime ties NGO/VICTIM SAFETY ISSUES – Cont’d

162 162  Screen victim immediately for injury and illness  Victims may have basic medical needs General physical General physical Documentation of injuries and scars Documentation of injuries and scars NGO HEALTH CAPABILITES

163 163  Victims may have basic medical needs Tuberculosis test Tuberculosis test STD/HIV screening STD/HIV screening Pap smear Pap smear Nutrition assessment Nutrition assessment Dental exam/cleaning Dental exam/cleaning Eye test Eye test NGO HEALTH CAPABILITES – Cont’d

164 164  NGO staff and Law Enforcement Officers should maintain REGULAR VACCINATIONS

165 165  Post-traumatic stress symptoms  Depression  Anxiety disorder  Other Rape trauma syndrome Rape trauma syndrome Suicidal thoughts Suicidal thoughts NGO HEALTH CONSIDERATIONS

166 166  Other – Cont’d Paranoia Paranoia Spiritual disruption Spiritual disruption Fatalism and rage Fatalism and rage Drug addiction Drug addiction NGO HEALTH CONSIDERATIONS – Cont’d

167 167 DEFINE & PROCESS Process: Define: Define: Explain the background and negative impact of racial profiling in law enforcement profession

168 UNIT NINE 168

169 169 LEARNING OBJECTIVES Learning Objective 9.0: Learning Objective 9.0: The participant will be able to Learning Objective 9.1: Learning Objective 9.1: The participant will be able to Learning Objective 9.2: Learning Objective 9.2: The participant will be able to Learning Objective 9.3: Learning Objective 9.3: The participant will be able to Learning Objective 9.4: Learning Objective 9.4: The participant will be able to 169

170 NGO VICTIM RESOURCES 170 Proactive development of local / regional NGO partnerships is essential for immediate victim response needs.

171 171 Possible local/regional resource avenues:  211 System (Statewide 24/7 phone lines)  Local Charities and / or Churches  United Way  Salvation Army NGO VICTIM RESOURCES Continued

172 172 National Human Trafficking Resource Center (24 hours) will assist in connecting victims to services they may be eligible to receive. (Polaris Project sponsored by DHHS) 1-888-373- 7888 NATIONAL VICTIM RESOURCES

173 173 National Center for Missing and Exploited Children (NCMEC) Family Service Liaison 1-800- THE-LOST (1-800-843-5678) www.missingkids.com/missingkid s/servlet/PageServlet?LanguageC ountry=en_US&PageId=4203 (website address for Resources for Child Victims of Prostitution) www.missingkids.com/missingkid s/servlet/PageServlet?LanguageC ountry=en_US&PageId=4203 www.missingkids.com/missingkid s/servlet/PageServlet?LanguageC ountry=en_US&PageId=4203 NATIONAL VICTIM RESOURCES Continued

174 174 For more information on human trafficking visit the Department of Health and Human Services. www.acf.hhs.gov/trafficking www.acf.hhs.gov/trafficking NATIONAL VICTIM RESOURCES Continued

175 175 DEFINE & PROCESS Process: Define: Define: Explain the background and negative impact of racial profiling in law enforcement profession

176 UNIT TEN 176

177 177 LEARNING OBJECTIVES Learning Objective 10.0: Learning Objective 10.0: The participant will be able to Learning Objective 10.1: Learning Objective 10.1: The participant will be able to Learning Objective 10.2: Learning Objective 10.2: The participant will be able to Learning Objective 10.3: Learning Objective 10.3: The participant will be able to Learning Objective 10.4: Learning Objective 10.4: The participant will be able to 177

178 178 Call the Department of Homeland Security / Immigration and Customs Enforcement for investigative assistance such as checking immigration status (24 hours). 802-872-6020 YOUR ROLE AS LAW ENFORCEMENT

179 179 Language Line (pay for service:.68 -.74 per minute) Texas Account Manager – Tom Costello 877-735-9770 YOUR ROLE AS LAW ENFORCEMENT – Cont’d

180 180  Keep doing what you’re doing.  Take a closer look and look beneath the surface.  Help build and prosecute crimes at state and federal levels.  Cooperate with prosecuting attorneys, social services, and federal authorities. YOUR ROLE AS LAW ENFORCEMENT

181 181

182 ATTORNEY GENERAL’S HUMAN TRAFFICKING INVESTIGATORS 182 Dave Torsiello Investigator – North Texas 512-936-1963 dave.torsiello@oag.state.tx.us Jeff Ortiz Investigator – Austin 512-936-1796 jeff.ortiz@oag.state.tx.us Jesus Venegas Investigator – Houston 281-372-5848 jesus.venegas@oag.state.tx.us Paul Hall Lieutenant - Austin 512-936-0568 paul.hall@oag.state.tx.us John Schneemann Auditor / Investigator – Austin (512) 936-1463 john.schneemann@oag.state.tx.us Tracy Weems Trainer / Investigator – Austin 512-936-0555 tracy.weems@oag.state.tx.us

183 183 DEFINE & PROCESS Process: Define: Define: Explain the background and negative impact of racial profiling in law enforcement profession

184 Questions?

185 SOURCES All Course Sources and/or Resources are listed in your Participant Handout

186 FOR YOUR ATTENTION

187 TAKE A 15-MINUTE BREAK

188 Please complete a course and instructor evaluation form. If you rate 2 or below you must justify on reverse side. Constructive CriticismConstructive Criticism helps all, being negative helps no one. COURSE & INSTRUCTOR EVALUATION Form

189 Exam Graduation


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