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CJE2600 Criminal Investigations
Chapter 12
Human Trafficking
Dr. Elizabeth C. Buchholz
LEARNING OBJECTIVES
 Discuss the existing United States law as well as state laws on human trafficking.
 Define antitrafficking task force, and describe what its goals are.
 List the differences between trafficking and smuggling.
 Discuss the differences between forced labor, involuntary servitude, peonage, and debt bondage.
 Describe the ways that women are recruited into the sex trade.
 List the best ways for law-enforcement officers to locate sex-trafficking victims.
LEARNING OBJECTIVES (continued)
 Discuss what factors should be considered in interviewing the victims of sex-trafficking cases.
 Describe the steps to be taken in preparation for interviewing sex-trafficking victims.
 Describe the major elements of the U-visa and T-visa as well as their benefits to the victims.
 Discuss the symptoms of posttraumatic stress disorder, often suffered by sex-trafficking victims.
 List the indications that a brothel is operation.
 Identify the items typically involved in a search warrant for sex-trafficking cases.
U.S. Law
 Trafficking Victims Protection Act of 2000 (TVPA) o First comprehensive legislation to combat human trafficking and to assist trafficking victims o Human trafficking has occurred if a person was induced to perform labor or a commercial sex act through force, fraud, or coercion o Any person under age 18 who performs a commercial sex act is considered a victim of human trafficking, regardless of whether force, fraud, or coercion were present.
U.S. Law
 Trafficking of Victims Protection Reauthorization Act of 2005 o Requires biennial reporting on human trafficking o Department of Justice funded the creation of the Human Trafficking Reporting
System (HTRS) o Penalties o 5-20 years’ imprisonment for peonage, involuntary servitude, forced labor, and domestic servitude o Up to life imprisonment for aggravating circumstances

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U.S. Law
 Penalties for sex trafficking o Up to life imprisonment with a mandatory minimum penalty of 10 years for sex trafficking of minors o 15 years for sex trafficking by force, fraud, or coercion or sex trafficking of minors under age 14 o 5-year maximum penalty for the related offense of fraud in foreign labor contracting under 18 U.S.
State of Florida
 In 2004, established a new section in the Florida Criminal Code, §787.06, Florida
Statutes, that defined and described human trafficking offenses. o Second degree felony for labor trafficking, §787.05, FS o First degree felony for the sex trafficking of minors , §796.035, FS o Second degree felony for the sex trafficking of adults, §796.045 FS
State of Florida
 Designated sex trafficking as a Racketeering Influenced and Corrupt Organizations
(RICO) offense that allows for enhanced criminal penalties for Florida offenders,
§895.02, FS
 Improved the definition of forced labor to include inducement through fraud or coercion and introduced a specific legal definition for debt bondage (peonage).
State of Florida
 Clarified that anyone who knowingly benefits financially or who receives anything of value from human trafficking can be prosecuted. Established that all human trafficking offenses, and not solely sex trafficking offenses, can be prosecuted as RICO crimes in
Florida, §895.02, FS
State Law
 All 50 states prohibit the prostitution of children
 Innocence Lost Initiative o A collaboration of federal and state law-enforcement authorities and victimassistance providers o Focused on combating prostitution of children
Antitrafficking Taskforce
 Currently, there are 38 antitrafficking task forces nationwide
 Over 13,000 law-enforcement officers have been trained
 The Department of Homeland Security mandates training for all officers and agents
 U.S. Customs and Border Protection provides an online course for its officers and agents
 U.S. Immigration and Customs Enforcement hosted trainings reaching more than 6,000 people
Trafficking Versus Smuggling

See cases p. 344-345
Forced Labor, Involuntary Servitude, Peonage, and Debt Bondage
 Estimated number of victims o Forced labor: 12.3 million o In the U.S.: 10,000
 Victims o Disproportionately women and children o In the U.S. victims are almost exclusively immigrants, and mostly immigrant women
Forced Labor
 Being forced to work against one’s will through actual or implied threats of serious harm, physical restraint, or abuse of the law.
Forced Labor
 Involuntary Servitude o Being forced to work through physical force or threats of physical force.
 Peonage o Being compelled by force, threat of force, or abuse of the law to work against one’s will in order to pay off a debt.
 Debt Bondage o When the value of one’s work is not reasonably applied toward payment of the debt.
Victim Characteristics
 Internationally, women and children are disproportionately represented o Poverty o Gender discrimination o Illiteracy o Low levels of education o Regional conflicts o Lack of job opportunities
 United States o Victims almost exclusively immigrants, mostly women
 Inability to speak English
 Low levels of education
 Lack of familiarity with U.S. employment protections o Average age, 20 o Amazon: MSNBC Undercover: Trafficked - Slavery in America
Trafficker Characteristics
Cases pp.346-347
 “Recruiters” or actual employers
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 Use o Deception
Coercion
 Psychological
 Legal
 Economic o Physical force o Deprive victims of right to consent o Lure victims with false employment promises as to nature and conditions
 i.e., “nanny”
Sex Trafficking
 U.S. State Department estimates: o As many as 50,000 children are trafficked into the U.S. each year o Primarily from Latin American countries
 The majority of victims are recruited through fraud, deception, and other enticements o Few kidnapped or children sold by parents
Sex Trafficking
 Marketing of trafficked women: o Personal columns o Internet chat rooms, bulletin boards o Billboards o Websites that offer matchmaking services o Mail order brides
 Delivery o Considerable trafficking between various U.S. cities o Frequent movement serves 3 purposes:
1.
Makes detection more difficult and removes the incentive for local investigative agencies to et involved
2.
Proves a variety of women for customers
3.
Inhibits women from establishing ties to their community
Where to locate sex-trafficking victims and brothels
 Migrant areas o Usually transported there to perform service, but do not live there
 Heavily secured buildings o Barred windows o Locked doors o Electronic surveillance
 Buildings where women both live and work
 Business fronts for prostitution o Nail salons
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o Bars o Strip clubs
Where to locate sex-trafficking victims and brothels
 Brothels that advertise in foreign language newspapers
 Brothels that restrict services to “members only”
 Escort or other sexual services
 Internet websites and chat rooms
 HIV/AIDs community groups
 Areas/events where there are large numbers of transient males o Military bases o Sports venues o Conventions o Tourists attractions
Investigative Considerations
 Victim-centered approach o The victim is the center of the investigation o The strength of the case depends on the victim o Victim should be treated with respect and consideration o The investigator needs to consider the following:
 Is the victim in immediate danger?
 If a delay occurs in rescuing the victim, will the victim be in danger of physical harm?
 Is this a “mom-and-pop” operation, or if the investigation is allowed to continue, is there a possibility of dismantling the entire organization and arresting multiple offenders?
 What is the likelihood of being able to rescue more victims?
Investigative Considerations
 Victim-centered approach o Initial interview
 Conducive to building a rapport
 Should not be video/audio taped (unless jurisdiction requires)
 Should be informal, conversational in tone (not direct questioning)
 Should be sensitive to the culture of the victim
 Use translators, if needed
 Do not let other victims translate
 Do no make promises that cannot be kept
 Take minimal notes
 Have second investigator take notes, if available
 Separate “victims”
 Some victims may be informers for the trafficker
 Does not mean that they are not victims themselves
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Immigration Status
 Document Servitude o The trafficker has total control over the personal identification papers of the victims
U-Visa o Victims are told their documents will be returned to them once they have completed their servitude
 Created by congress and is available to immigrants who are victims of a wide range of serous crimes o domestic violence o sexual assault o human trafficking
 Part of the Victims of Trafficking and Violence Protection Action of 2000
 Protects innocent victims
 Encourages participation in proceedings
T-Visa
 Victims who self-petition to stay in the U.S. for up to 4 years o Victims of severe trafficking o Victims who comply with reasonable requests to assist in the investigation or prosecution of their case o Victims physically present in the U.S. on account of trafficking o Victims who would suffer severe hardship if repatriated
U-Visa
 Provides avenue to legal status o Victims of substantial physical or mental abuse o Victims who are witnesses to the crime o Can assist in the investigation or prosecution
Physical Indicators
 Injuries inflicted from beatings or weapons
 Signs of torture o Cigarette burns, starvation, severe facial injuries
 Signs of branding or scarring
 Malnutrition or poor personal hygiene
Things to look for:
 No personal items or possessions
 No cell phones or calling cards o Traffickers try to control all outside communications
 No personal space
 No transportation o Cars, bicycles
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 No knowledge of how to get around the area
Psychological Effects
 Physical Reactions o Headaches o Muscle aches o Change in appetite
 Emotional Reactions o Anxiety o Fear o Guilt o Shame o Sadness anger irritability o Withdrawal
Psychological Effects
 PTSD o Cognitive Reactions
 Debilitating flashbacks
 Repeated visions of the incidents
 Nightmares
 Slowed thinking
 Disorientation
 Lack of concentration and
 Memory lapses
Items Typically Included in
Search Warrant for Sex-Trafficking Cases
 Condoms
 Condom wrappers
 Lubricants
 Trick book
 Brothel tickets
 Victim accounting method
 Travel documents
 Leases/rental agreements
 Money-gram receipts
 Luggage tags
 Telephone bills
 Residential & cell phone bills
 Credit card receipts
 Bank records
 Employment records
 Photographs
 Gas/electric bills
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