Transcript Document

• Human trafficking is the fastest growing
criminal industry in the world.
• Earning approximately $32 billion per year.
• http://www.youtube.com/watch?v=dlKBeF
3Zh00
The National Report on
Domestic Minor Sex Trafficking
Shared Hope International received a grant from the
Department of Justice to assess Domestic Minor Sex Trafficking
in eleven areas in the United States, which culminated in the
National Report, released in July 2009.
The findings:
 At least 100,000 children are used in prostitution every
year in the United States.
 The average age a child is first exploited through
prostitution is 13 years old.
 Misidentification is the primary barrier to services and
intervention to DMST victims.
Domestic Minor Sex Trafficking
in the U.S.
• According to Ernie Allen, Executive Director of the
National Center for Missing and Exploited Children
(NCMEC), data shows 100,000 to 293,000 children have
become sexual commodities.
• Nationally 450,000 children run away from home each
year. In the U.S., 30% of shelter youth and 70% of street
youth are victims of commercial sexual exploitation.1
• The average age of entry into prostitution is between 11
and 14.2
1 Estes, R. & Weiner, N. “Commercial Sexual Exploitation of Children in the U.S., Canada, and Mexico.” University
of Pennsylvania, 2001
2 Kotrla, Kimberly. "Domestic Minor Sex Trafficking in the United States." Social Work 55.2 (2010): 181-187.
Academic Search Premier. EBSCO. Web. 22 Feb. 2011.
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What about the United States?
Human Trafficking Defined By Federal Law
• “Severe Forms” of human trafficking are:
(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; or
(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 purposes of subjection to
involuntary servitude, peonage, debt bondage, or
slavery.3
3 These definitions are from the Trafficking Victims Protection Act (TVPA) of 2000
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Human Trafficking Defined Simply
• Simply put, there are three categories of human
trafficking victims:
1. Those under 18 involved in commercial sex acts
2. Those 18 or over involved in commercial sex acts through
force, fraud or coercion
3. Those forced to perform labor and/or services in
conditions of involuntary servitude, peonage, debt
bondage or slavery through force, fraud or coercion
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Force, Fraud, or Coercion
• Force:
‐ Physical restraint, bodily harm (physical or
sexual), or confinement
• Fraud:
‐ Deceitful employment offers or work conditions,
false promises, or withholding wages
• Coercion:
‐ Threats of serious harm, bodily harm against any
person, abuse of legal process, withholding legal
documents, creating a climate of fear
What can be done to bring justice for these victims in
the United States?
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Improve laws in all areas related to trafficking
Most related cases are not brought at the federal level.
Therefore, states must take action.
In 2011 Shared Hope International did a comprehensive analysis of
every states laws.
• 40 Indicators for all 50 states and the District of Columbia
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Criminalization of Domestic Minor Sex Trafficking
• Is there a sex trafficking law?
– The first state human trafficking law was passed
in 2003 (Washington state)
– 9 states do not have sex trafficking laws
• Are there other laws that could be used?
• Do the laws refer to the victims as victims?
• How New York Scored: 3.5 out of 7.5
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Who are the Buyers?
• Buyers are the individuals who are the recipients
of the sexual services – paid for by monetary or
non-monetary means.
• Buyers can be all ages, ethnicities and represent
a variety of social and economic backgrounds.
• Buyers are equally as responsible for the crime
of domestic minor sex trafficking despite their
lack of intent or knowledge of age or victim
status.
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Protected Innocence Initiative
Criminal Provisions Addressing Demand
•
One of the heaviest weighted components – 10 of 40.
•
Ending demand, decreases profit, and thus the number of trafficked
individuals and traffickers.
•
Indicators in the component:
– Does the sex trafficking law apply?
– Is there a law specifically applicable to buyers of sex with minors?
– How high are penalties?
– Is there a law related to buying sex with a minor on the Internet?
– Are buyers required to register as sex offenders?
– Can a buyer assert a mistake of age defense?
How New York Scored: 16 out of 25
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Crime
Classification
Sentence
Fine
(possible)
Asset
Forfeiture
(available
penalty)
Patronizing a prostitute (minors 14–18)(NY
Penal § 230.04)
Class A
misdemeanor
Max. 1 year
Max.
$1,000
No
Patronizing a prostitute (minor under 14;
buyer over 18)(NY Penal § 230.05)
Class E felony
Max. 4
years
Max.
$5,000
No
Patronizing a prostitute (minor under 11)(NY
Penal § 230.06)
Class D felony 2–7 years
sex offense
Max.
$5,000
No
Max.
$5,000
Yes
Possessing child pornography (minors under Class E felony
16)(NY Penal §§ 263.11, 263.16)
Max. 4
years
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Traffickers?
• Can be a pimp, a boyfriend, father, mother, brother,
uncle, a coach, a teacher or anyone exerting control over
a minor, even a peer
• Not always organized criminals
• Both men and women of varying ages
• Any ethnicity or race
• Anyone who benefits from the commercial sexual
exploitation of a minor or facilitates the commercial
sexual exploitation of a minor
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Protected Innocence Initiative
Criminal Provisions for Traffickers
• What are the penalties?
– Time imprisonment and financial
• Do specific provisions related to Internet recruitment
exist?
• Are traffickers required to register as sex offenders?
• Can a court terminate parental rights of a trafficker?
How New York Scored: 9.5 out of 15
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Another Part of the Criminal Ring:
Facilitators
• Those who knowingly benefit financially from
the trafficking
– Drivers
– Advertisers (online and print)
– Hotels/Motels
– Landlords
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Criminal Provisions for Facilitators
• Does the sex trafficking law include facilitators?
• Are the financial penalties sufficient?
• Is there a sex tourism law?
How New York Scored: 8.5 out of 10
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Domestic Minor Sex Trafficking Victims
• Any minor engaged in commercial sex acts is a victim of
sex trafficking.
• As victims of a violent crime, the Federal Trafficking
Victims Protection Act (TVPA 2000) allows trafficking
victims to be protected rather than punished, even if they
participated in illegal activities, such as prostitution.
• Frequently misidentified
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U.S. Attorney for the District of Columbia
Child Prostitute
Victim of Sex Trafficking/CSEC
Survivors
Survivors
Protected Innocence Initiative
Protective Provisions for Child Victims
• Most heavily weighted category: 11 out of 40
• Are minors immune from prosecution for prostitution?
• Does the state sex trafficking law prevent a defense of consent?
• Do victims receive a child protective response or a juvenile justice
response?
• Is commercial sexual exploitation a type of abuse or neglect?
• Do victim-friendly criminal justice procedures, such as the rape
shield law, protect victims?
• Can victims receive restitution or civil remedies?
• Can victims have their records expunged?
How New York Scored: 18.5 out of 27.5
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Criminal Justice Tools for Investigation And Prosecution
- Mandatory training for law enforcement
- The use of wiretapping is allowed
- Single-party consent
- The use of the Internet as an investigatory tool
- The use of a decoy is allowed
- Mandatory reporting of missing and recovered children
How New York Scored: 8.5 out of 15
Credits
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American Academy of Child and Adolescent Psychiatry.
http://www.aacap.org/page.ww?section=Facts+for+Families&name=Foster+Care
Detective Ken Lawson, Sexual Assault Unit, Columbus Police
Hughes, Donna M. The Demand for Victims of Sex Trafficking. 2005.
http://www.uri.edu/artsci/wms/hughes/demand_for_victims.pdf
International Association of Chiefs of Police. The Crime of Human Trafficking: A Law
Enforcement Guide to Identification and Investigation.
http://www.theiacp.org/documents/pdfs/RCD/CompleteHTGuide.pdf
Las Vegas Police Department. STOP Program Statistics.
National Runaway Switchboard. http://www.1800runaway.org/.
NISMART (National Incidence Studies of Missing, Abducted, Runaway and Throwaway
Children). http://www.focusas.com/Runaways.html.
The Toledo Blade. Captive teenage cousins suffer crash course in forced sex trade. 2006-0109. http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20060109/NEWS08/601090328.
UN Gift. Human Trafficking: The Facts. http://www.unglobalcompact.org/docs
/issues_doc/labour/Forced_labour/HUMAN_TRAFFICKING_-_THE_FACTS_-_final.pdf
U.S. Attorney Don DeGabrielle, Southern District of Texas, at the 2006 DOJ Human Trafficking
Conference in New Orleans.
U.S. Midterm Review on the Commercial Sexual Exploitation of Children in America.
www.sharedhope.org.
U.S. Department of Justice Child Exploitation and Obscenity Section
www.usdoj.gov/criminal/ceos/prostitution.html
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To download your Report Card visit:
www.sharedhope.org/ReportCards.aspx
To view the Protected Innocence Executive Briefing visit:
http://www.sharedhope.org/Media/PIIexecbriefing.aspx
[email protected]
1-866-HER-LIFE