Transcript Long Beach PD Human Trafficking Awareness and Investigations

LONG BEACH
POLICE DEPARTMENT
DETECTIVE KEN TURNER
“HUMAN TRAFFICKING”
AWARENESS& INVESTIGATIONS
MARCH 22, 2012
What is Human Trafficking?
Human Trafficking Investigations
Adult Matter* (Sexual Content)
• H/T Victims
Protection Act, 2000
• 236.1 (a) CPC
• 207 CPC
• Three Forms of H/T
• Myths, Vocab., &
Misconceptions
• “The GAME”
• Best Practices
– We are different
• Q&A
Trafficking Victims Protection
Act 2000 & 2005
(18 U.S.C., Sec. 1589-1594)
• Passed in 2000 to strengthen Federal Laws
and create immigration relief for victims
• Encouraged States to Create & Increase
Laws regarding H/T, (236.1 & 236.2 PC)
Human Trafficking-Elements
236.1(a) California Penal Code
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236.1(a) Human Trafficking – Any person who
deprives or violates the personal liberty of
another with the intent to violate:
1.
2.
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5.
266i PC, Procure female under 18 yrs for 647b PC
266h PC, Pimping a Minor
267 PC, Abducting person under 18 yrs for 647b PC
311.4 PC, Employment of Minor for 647b PC
518 PC, Extortion (Obtaining Passport or I.D. of
Another, force or fear)
6. Or Forced Labor or Forced Services (Adult 647b PC)
No Mention of Movement!
Human Trafficking – 2005
236.1(d)(1) CPC
• “For purposes of this section…personal liberty
of another…(equals)…substantial and
sustained restriction of liberty…
• through fraud, deceit, coercion, violence, duress,
menace, or threat…to the victim or another
person…”
• (District Attorney will determine if “substantial and
sustained,” is satisfied depending on the circumstances of
the crime).
Human Trafficking Investigation
Starts with 207(c) CPC
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Every person who hires, persuades, entices,
decoys, or seduces…that person… into slavery
or involuntary servitude,… without freewill… is
guilty of kidnapping.
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(‘substantial and sustained restriction of liberty)
Think Child Abuse, Sexual Assault, Dom. Viol.
Cycle, & possibly Stockholm Syndrome.
Human Trafficking – 2005
236.2 CPC
• 236.2 PC – L.E. shall use due diligence to I.D.
H/T victims (Police/Deputy Mandated Reporters)
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(a) Injury or signs of poor care
(b) Withdrawn, censored, or afraid to talk
(c) No or limited freedom of movement
(d) Lives & works at same location
(e) Owes $$ to employer
(f) Security measures to control human contact
(g) Employer has I.D., passport, birth cert., etc.
Smuggling vs. Trafficking
SMUGGLING is ???
TRAFFICKING is ???
Smuggling vs. Trafficking
• SMUGGLING is
Transportation based
• TRAFFICKING is
Exploitation based
Los Angeles Metro
Human Trafficking Task Force
• Hotline: (800)-655-4095
• Orange County H/T Task
Force-Westminster PD
• San Bernardino,
Riverside, San Diego H/T
Task Force
Three Types of H/T:
• DEBT BONDAGE (518PC):
– Suspect claims victim
“owes” more than original
smuggling price.
• FORCED LABOR:
– Peonage: Held against will
to pay off debt.
– Involuntary Servitude: The
victim believes escaping
(attempts) would result in
harm to self or family
members ‘back home.’
• SEXUAL EXPLOITATION:
– Coercing, using force or
fear to make victim perform
sex acts for suspect’s gain.
– ‘Gain’ is usually money
but can be: motel room fee,
drugs, alcohol, and even as
little as food or cigarettes.
Sexual Exploitation
647(b) PC - Prostitution
• Common Street
Prostitution and Escorts
• BackPages.Com
– Craigslist
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OpenAdultDirectory.com
ThatMail.com
SexyEscorts.com
Many Classified Ad
Websites
“THE GAME” or “THE LIFE”
Minor 647b PC
The “Rules of The Game”… ‘No honor among thieves.’
The Vocab of ‘The Game’
• Don, Grandpa
• Pimp, Hustler, Daddy
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Will claim to be a ‘Hustler’ but NOT a
Pimp
• Wifey, Bottom,
Bottom Bitch
• Renegade
• Cherry, Turnout, Bitch
• Stable, Family, Team
• Punk, Fag
• Work
• Cuff
• Trick
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An act of 647B, a B-girl, or a John
• John
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We need to view these as Pedophiles or
Rapist
Track, Blade, Stroll
Automatic
Out-ta’ Pocket
Square
Guerilla Pimp
Head, Up & Down,
Around the World,
–
Various names for different sex acts
H/T Myths & Misconceptions
The Pimp Uses These Issues to Influence/Control Cherry
• Average age is 12yrs
old-(FBI, U.S. Atty. Gen., SDRTC)
• Victim knew what
they were getting into
• Victim willingly
committed unlawful
acts
• Victim was paid for
services
Typical Pimp
• “I’m not a pimp, I’m a
Hustler.”
• Age? Getting younger.
• Gang Associated
• Uses others to buffer him
from Law Enforcement
• Claims to get his $$ from
his Mother, Grandmother
• Lives with
Mother/Grandmother
Victim Traits
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12 yrs old (9yrs-Common)
Runaway/Throwaway
Low Self Esteem
Hi-Dysfunctional Home
“I’m 19 years old”
Believes she will get “In
Trouble” if she “Gets
Caught”
• Will LIE for Pimp
– Fear, Indoctrination
– “In Love”
– Dom. Viol. & Stockholm
‘The Game’
How did she get started?
• He hollered at me. He
was older and he said I
was sexy.
• We started hanging out
and partying and drinking.
• He was nice and I wanted
to have sex with him.
• Then he made me have
sex with his friend. I
didn’t want to do it but I
wanted him to like me.
‘The Game’
• “Pimp” uses his “Bottom”
or other “Recruiter” to
recruit the “Cherry”
• Pimps “cruise” schools,
foster homes, group
homes, placements
• Bottom & Pimp isolate
Cherry – Motel.
– Adult activity, Beginning of
indoctrination.
• Pimps use “Boss’n Up”
video - initiate
indoctrination
‘The Game’
• Pimp makes Cherry think
he cares about her
– Beginning of
‘Honeymoon’
• Alcohol and Drugs
– Adult Activity (Most
Cherry’s are children)
• Pimp has sex with Bottom
/ Cherry
– Adult Activity
• Pimp abuses Bottom
– Control, Fear
• Bottom leaves to 647b
– Intro into ‘The Game’
‘The Game’
• Alcohol and drugs
– Adult Activity, Calm, Fear
• Bottom returns & gives $$
to Pimp
– Cherry witnesses; Control,
Indoctrination, Fear
• Cherry is not free to leave
– Control is Acknowledged
– Fear is instilled
• Pimp Rapes Cherry
– ‘Soft’ or Violent Rape
– Anal/Oral sex to protect
‘product’
‘The Game’: Goal is
‘Automatic’
• Bottom befriends Cherry
– ‘Honeymoon’
– Pimp may console also
• Pimp makes Cherry 647b
– Force, Fear, Threat
(Family,Team concept)
• Bottom supervises 1st Trick
– Control, Calm
• Hand to Hand of $$$
– Control Complete,
Honeymoon Ends
• Pimp continues ‘The Game’
Education to Final Goal
Victim Development
Helps Victim Realize Victimization
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Victim has been ‘committing crimes.’
Must establish state of victimization with victim.
Must complete 647bPC investigation.
Must initiate victim services. (Saving Innocence,
CAST LA, Innocence Lost, Children of the Night)
• Must arrange for victim services to have access to
victim.
– 4th Floor Women’s Jail and Los Padrinos Juvenile Hall
Victim Development
Helps Victim Realize Victimization
Actual Victim Statements
• Q: You prostituted for him. Then you had an
opportunity to leave, escape, runaway, call for
help, call your mom, tell police; Why didn’t you?
• A: If I would have got away he would come kill
me. I’m afraid he might find me now. He has
friends who will find me. I started out having fun
but then I didn’t want to do it any more.
Victim Development
Helps Victim Realize Victimization
Actual Victim Statements
• Q: You prostituted for him again then you had
another opportunity to leave, escape, runaway, call
for help, call your mom, tell police; Why didn’t
you?
• A: I tried. I was afraid. He was always watching
me. No one would believe me. I couldn’t-I just
couldn’t. I didn’t even think I could escape.
Victim Development
Helps Victim Realize Victimization
Actual Victim Statements
• Q: So you prostituted again for him. Then you
had another opportunity to leave, escape, call for
help, call your mom, tell police; Why didn’t you?
• A: He kept moving me from motel to motel to
motel. I didn’t know where I was. I just wanted
him to be happy. I wanted him to give me food.
Victim Development
Helps Victim Realize Victimization
Actual Victim Statements
• Q: So you prostituted again for him. Then
you had another opportunity to leave,
escape, call for help, tell police; Why
didn’t you?
• A: He had me so confused. All I could
think of was prostitution, prostitution,
prostitution. Now I see what he did to me.
Why did she continue?
• Domestic Violence
Cycle of Abuse
• Stockholm Syndrome
The psychological
tendency of a hostage to
bond with, identify with,
or sympathize with his or
her captor . (Merriam-Webster)
236.1CPC Investigation
Best Practices
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LBPD, H/T detail:
236.1PC (H/T) +
266PC (Pimp/Pander) +
261PC(Rapes-each rape,
oral, anal, etc.) +
• 207PC (Kidnap) =
• 209PC = Kidnap - 25yr
sentence and each
conviction may run
consecutive.
i.e.-206yr sentence
• Other agencies:
• 266h(a)(1) Pimping a
minor 16+, 3 to 6 yrs
in prison.
• 266h(a)(2)-Pimping a
minor -16, 3 to 8 yrs
in prison.
– Both are 290PC crimes
Q and A
We hope to be able to answer
your questions.
Thank you.