COLLABORATION in REPRESENTING SURVIVORS OF HUMAN TRAFFICKING Florrie Burke Edwin Chapuseaux Heather Moore ABA National Training Institute on the Civil Legal Needs of Human Trafficking Victims October 3, 2008

A Victim-Centered Approach

Service Providers Victim Attorneys Law Enforcement

Is Collaboration Necessary ?

HT cases require a victim-witness

• Survivors need stability and safety • Survivors often require a number of social

services

• Attorneys and Law enforcement officials

need to

– Be aware of the services available to

survivors

– Ensure victims are put in contact with

service providers

Collaboration……….

• Allows each of us to focus on our goals • Can be supportive during the legal process • Helps us share expertise

NGOs can…..

• Keep track of the client • Refer to civil litigators • Mediate the process • Assist with concrete needs • Make referrals for

ancillary services

• Be subject experts • Coordinate between client

and other entities during civil proceedings

Law Enforcement Can…

• Share important information about the case

when appropriate

• Facilitate necessary immigration paperwork

and access to benefits

• Provide protection for client

and for NGOs.

• Be an important link to the

client

*This case comes to you…

The local NGO contacts you about a HT case involving two young adult immigrant women who were repeatedly sexually assaulted and forced to do domestic work and live on site.

Law Enforcement discovered this case initially.

This case has gone through a Federal prosecution with restitution ordered.

What do you do?

Discuss case with NGO ?

Arrange interview with client?

Contact LE?

Reach out to attorneys who have experience with HT cases?

What questions do you ask?

You find out the following information

• The primary language is Spanish • One of the women has extensive medical

issues.

• The women are still afraid-not all the

traffickers are in jail.

Next Steps

Do you need community partners?

Will you take the case?

Interviews with Trafficked Persons: Basic Principles



Patience-Listen to and recognize trafficked person’s fears and concerns



Take time to build trust and gain truth



Setting: comfortable and relaxed



Qualified third-party interpreters



Provide accurate information about witness issues of confidentiality, anonymity and protection

Challenges to the Attorney

• Retraumatization of Client • Memory Difficulties • Unconvincing Presentation • Logistical issues • Client is not sure of

the process

Trauma and Trafficking Many victims are likely to experience symptoms of trauma

• anger, fear, or lack of

emotion

• self-protective reactions

(distrust)

• loyalty, gratitude, or

dependence upon the trafficker

• shame, fear of rejection

and punishment

Human Trafficking Cases

• Each one is different • No profiles • Complex

The Basic Rights of Trafficked Persons

Victims of trafficking and slavery are to be treated with:

• Dignity • Fairness • Compassion • Respect for their human rights

Even without documentation, every person in the United States is protected by US labor & criminal law.

Recommendations:

1. Make sure to work with a counselor or case manager to help the client PROCESS what happens to them when they have to talk about their experiences 2. Explain the Legal Process in Detail 3. Empower Client by Giving Options 4. Work as a Team 5. Consider an Expert Witness

Results

• Moving from slavery to freedom

THANK YOU