Commercial Sexual Exploitation of Children/Human Trafficking Seminar Marywood University Dr. Mark E. Rodgers Dean, College of Health & Human Services Commercial Sexual Exploitation of Children/Human Trafficking Overview of Human Trafficking The Differences between: Illegal Immigration, Smuggling and Human Trafficking Commercial Sexual Exploitation of Children/Human Trafficking Trafficking In Persons The term “trafficking in persons,” which is in laws around the world, is used to define slave-trading and modern–day slavery in all its forms. Commercial Sexual Exploitation of Children/Human Trafficking Highlighting the three “P’s” Prosecution Protection Prevention Commercial Sexual Exploitation of Children/Human Trafficking A Victim-Centered Approach Requires all of us to address the three “R’s” Rescue Removal Re-integration Commercial Sexual Exploitation of Children/Human Trafficking No Country is Immune No country is immune from human trafficking. Each year an estimated 600,000 - 800,000 men, women, and children are trafficked across international borders and the trade is growing. This figure does not consider the number of people trafficked within countries. Commercial Sexual Exploitation of Children/Human Trafficking Involuntary Servitude Victims are forced into prostitution or work in quarries, sweatshops, farms or as domestics, as child soldiers and in many forms of involuntary servitude. Commercial Sexual Exploitation of Children/Human Trafficking U.N. Estimates The U.N. estimates are that more than half of all victims trafficked internationally are trafficked for sexual exploitation. Commercial Sexual Exploitation of Children/Human Trafficking The 21st Century Slave Trade The 21st century slave trade feeds a global demand for cheap and vulnerable labor. Commercial Sexual Exploitation of Children/Human Trafficking Profits From Trafficking Profits from trafficking fund the expansion of international crime syndicates, foster government corruption, and undermine civil society. Commercial Sexual Exploitation of Children/Human Trafficking Revenue Source U.N. and other estimates list trafficking as the second highest revenue source for organized crime. Drug trade is first, but at the growth rate for human trafficking it will Shortly surpass drugs and become The highest source of revenue. Commercial Sexual Exploitation of Children/Human Trafficking Reduced to a Commodity Trafficking reduces human beings to a commodity. If organizations free or rescue the victims, but do not fully prosecute the trafficker, he or she is free to use their profits to purchase another victim. Commercial Sexual Exploitation of Children/Human Trafficking Holding Traffickers Accountable A more effective means of combating trafficking is through the full application of laws, such as the National Plan developed in Latvia. Thereby holding traffickers and the exploiters of trafficking victims accountable under criminal justice systems. Commercial Sexual Exploitation of Children/Human Trafficking U.N. Definition of Trafficking The United Nations protocol to prevent, suppress and punish trafficking in persons, especially women and children, defines trafficking in persons as: Commercial Sexual Exploitation of Children/Human Trafficking U.N. Definition of Trafficking The recruitment, transportation, transfer, harboring or receipts of persons by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practice similar to slavery, servitude or the removal of organs. Commercial Sexual Exploitation of Children/Human Trafficking U.N. Definition of Trafficking Lack of understanding of the U.N. definition often leads to any irregular migration as trafficking. Not all illegal immigration or smuggling is trafficking. Commercial Sexual Exploitation of Children/Human Trafficking Trafficking Victims Protection Act The 2000 Congress in the USA passed the Trafficking Victims Protection Act (TVPA), which was amended in 2003 (P.L. 108-193). It uses a definition of “severe forms of trafficking”: 1. 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 is not yet 18 year of age; 2. 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. Commercial Sexual Exploitation of Children/Human Trafficking Trafficking Victims Protection Re-Authorization Act The 2005 Congress in the USA passed the Trafficking Victims Protection Re-Authorization Act (TVPRA) (P.L. 109-164). Authorizes appropriations for the fiscal years 2006 and 2007 Acknowledges that no known studies exist that quantify the problem of trafficking in children, except for the 2001 University of Pennsylvania Study (300,000 children in the US at risk for commercial sexual exploitation) New clauses added specifically to further define sexual exploitation of children Additional prohibitions of sexual exploitation by peace keeping forces and sexual tourism Commercial Sexual Exploitation of Children/Human Trafficking TVPA Current Update In 2008 TVPA was re-authorized in the Wilberforce amendment. In 2013 the TVPA could not pass Congress on its own and was added to VAWA re-authorization to secure continued funding for TVPA services & victims. Commercial Sexual Exploitation of Children/Human Trafficking Victims Pay a Horrible Price Victims of human trafficking pay a horrible price: Physical and psychological harm Disease Removal and separation from families and communities Lack of opportunities for social, moral, and spiritual development. Commercial Sexual Exploitation of Children/Human Trafficking A Progression Today’s modern day slave trade often includes a progression. The current day child labor slave becomes the sex industry workers for the future. A reality is that the modern day slave trade has victims bought and sold many times over. Commercial Sexual Exploitation of Children/Human Trafficking Physical & Emotional Damage Victims forced into sex slavery are often subdued with drugs and suffer extreme violence. Additionally, they can suffer physical and emotional damage, exposure to sexually transmitted diseases including HIV/AIDS. Often they do not speak the language of the location they were transported to. Commercial Sexual Exploitation of Children/Human Trafficking A Human Rights Violation Trafficking is fundamentally a human rights violation. Additionally, it undermines communities, deprives countries of human capital and undermines public health. Commercial Sexual Exploitation of Children/Human Trafficking Trauma Victims often endure brutal conditions that result in physical, sexual and psychological trauma. Besides the previously mentioned sexually transmitted infections are anxiety, insomnia, depression and post-traumatic stress disorder, as well as unsanitary and crowded living conditions, poor nutrition and tuberculosis. Commercial Sexual Exploitation of Children/Human Trafficking Human Trafficker’s Prey Human traffickers prey on the vulnerable, often children, and young women. They attempt to trick, coerce or win the confidence of their victims. They often promise marriage, employment, educational opportunities or basically a better life. Commercial Sexual Exploitation of Children/Human Trafficking What is the Difference? What is the difference between Trafficking In Persons and Human Smuggling? It is confusing somewhat because of the difficulty in obtaining accurate information, especially from transit countries. Commercial Sexual Exploitation of Children/Human Trafficking Trafficking Trafficking often, but not always, involves smuggling. The victim may initially agree to be transported within a country or across borders. Distinguishing between the two activities often requires detailed information on the victim’s final circumstances. Commercial Sexual Exploitation of Children/Human Trafficking Smuggling Smuggling is generally understood to be the procurement or transport for profit of a person for illegal entry into a country. But the facilitation of illegal entry into or through a country is not trafficking in persons even though it is often undertaken in dangerous or degrading conditions. Commercial Sexual Exploitation of Children/Human Trafficking Comparison Smuggling sometimes nvolves migrants who have consented to the activity. Trafficking victims have either never consented, or if they initially consented, their consent has been negated by the coercive, deceptive or abusive actions of the traffickers. Commercial Sexual Exploitation of Children/Human Trafficking The Key Component Trafficking victims often are unaware that they will be forced into prostitution or exploitation labor situations. Smuggling may therefore become trafficking. The key component that distinguishes trafficking from smuggling is the element of fraud, force or coercion. Commercial Sexual Exploitation of Children/Human Trafficking Location Unlike smuggling, trafficking can occur regardless of whether the victim is moved internally or across a border. Commercial Sexual Exploitation of Children/Human Trafficking Causes of Trafficking The causes are complex and often reinforce each other. Trafficking in persons operates in the global market, where victims constitute the supply and abusive employers (or sexual exploiters) represent the demand. Commercial Sexual Exploitation of Children/Human Trafficking The Supply of Victims The supply of victims is encouraged by many factors including: Poverty The attraction of a perceived higher standard of living elsewhere Weak social and economic structure Lack of employment opportunities Organized crime Violence against women and children Discrimination against women Government corruption Political instability Armed conflict Cultural traditions, such as traditional slavery Commercial Sexual Exploitation of Children/Human Trafficking Factors Driving Trafficking On the demand side, factors driving trafficking in persons include the sex industry and the growing demand for exploitable labor. Sex tourism and child pornography have become worldwide industries. Use of the Internet permits instant and nearly undetectable transactions. Commercial Sexual Exploitation of Children/Human Trafficking Global Demand Trafficking is also driven by the global demand For cheap, vulnerable and illegal labor. Commercial Sexual Exploitation of Children/Human Trafficking The Widening Gender Gap The widening gender gap has created a new source of demand for young women as brides and concubines. Commercial Sexual Exploitation of Children/Human Trafficking Involuntary Servitude One of the forms of trafficking that is very difficult to identify. It is defined as a condition of servitude induced by means of: a) any scheme, plan or pattern intended to cause a person to believe that if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or physical restraint; or b) the abuse or threatened abuse of the legal process. Commercial Sexual Exploitation of Children/Human Trafficking Human Trafficking is Quite Different Human trafficking is quite different than the issue of illegal immigration or refugee resettlement or displaced persons throughout the world. Often illegal immigrants are seeking asylum from some forms of human rights violation or the consequences of civil war, economic depression, ethnic or religious persecution, drought or general collapse of their society. Commercial Sexual Exploitation of Children/Human Trafficking Human Smuggling Defined as the entry of people into a country facilitated by a third party. It is generally driven by two goals: 1. Smuggling by friends and relatives who may assist illegal entry for personal reasons. 2. Smuggling for profit conducted by organized groups in a deliberate evasion of the country’s immigration laws. Commercial Sexual Exploitation of Children/Human Trafficking Human Smuggling Smuggling organizations have in recent past become increasingly more violent or have shown reckless disregard for human life. Exploitation of the smuggled aliens and the utilization of methods that place aliens at significant personal risk as well as incidents of extreme violence have been increasing. Commercial Sexual Exploitation of Children/Human Trafficking Illegal Immigration In the US, the ICE estimates that as of January 2000, 7 million illegal aliens were living in the country. By now (2013), the population is predicted to be over 8 million. The two items which attract illegal immigrants are usually jobs and family connections. Commercial Sexual Exploitation of Children/Human Trafficking Three Definitions in Comparison Illegal Migrants Human Smuggling Human Trafficking People who enter a country without proper authority. Practices that involve a person gaining entry in a country without permission, whether or not a profit is involved. Recruitment, transportation or receipt of persons of any age, through deception, coercion for the purposes of prostitution, sexual exploitation, or forced labor. May or may not involve human smuggling. Commercial Sexual Exploitation of Children/Human Trafficking Human Trafficking In Latin America Human trafficking is an international crime that requires coordination between countries. In order to develop an effective regional response, governments in Latin America still need to recognize the seriousness of the crime. Commercial Sexual Exploitation of Children/Human Trafficking Trafficking in Persons Report (TIP) Every year the Office to Monitor and Combat Trafficking in Persons at the State Department, releases a “TIP Report”, which investigates the situation of human trafficking in the world and examines governments’ response to the problem. There are 3 Tier’s: Tier 1 - countries that meet minimum standards Tier 2 - countries whose efforts still need to be improved Tier 3 - countries not making necessary efforts to combat trafficking Commercial Sexual Exploitation of Children/Human Trafficking Human Trafficking in Latin America Venezuela (Tier 3) is a destination, Brazil (Tier 2) is a major transit, and source country for women source country for and children trafficked into trafficking in women prostitution primarily in Europe, and children for sexual but also in Japan exploitation. Women are trafficked and some border countries. to Venezuela from Colombia, Brazil, Colombia (Tier 1) is a major the Dominican Republic, Ecuador, source of women and girls Peru and Cuba. trafficked into prostitution. Victims are primarily sent to Europe, especially Spain and The Netherlands, as well as Japan. Commercial Sexual Exploitation of Children/Human Trafficking Human Trafficking in Latin America Cuba (Tier 3) is a country of internal trafficking for sexual exploitation and forced labor. Minors are victimized in sexual exploitation connected to the state-run tourism industry. Honduras (Tier 2) is a source and transit country for trafficking for sexual and labor exploitation. Most Honduran victims are young women and girls, who are trafficked to Guatemala, Belize, El Salvador, Mexico, the United States, and Canada. Guatemala (Tier 2) is a source, transit, and — to a lesser extent — a destination country for Nicaragua (Tier 2) is source and trafficking of persons. transit country for persons Most often, Guatemalan trafficked for sexual exploitation. victims are young women Many of the victims are minors trafficked within the country, and minors. including children in prostitution and girls who dance in nightclubs. Commercial Sexual Exploitation of Children/Human Trafficking Human Trafficking in Mexico Mexico (Tier 2) serves primarily as a transit country for traffickers’ ultimate market – the U.S. Victims come mostly from Central American through Brazil. The Mexican organized crime group, Titanium, runs one of the world’s largest slavery and forced labor rings. Commercial Sexual Exploitation of Children/Human Trafficking Trafficking Routes Commercial Sexual Exploitation of Children/Human Trafficking Mexicans Become Victims With limited legal obstacles and widespread poverty, many Mexicans become victims and are shipped to the U.S. Demand is highest for women and children, though men are often shipped to fruit farms throughout the southern U.S. as well. Commercial Sexual Exploitation of Children/Human Trafficking Migrants from Central America Migrants from Central America or residents of the Mexican highlands, hoping to get work on farms or construction sites in the U.S., come to Mexico’s border towns in droves. Brought in to the U.S. by “coyotes” or smugglers, those that survive the crossing often find themselves at the mercy of a handler who delivers them to their ultimate work site. Commercial Sexual Exploitation of Children/Human Trafficking Victims Unable to pay for transportation or food, upon arrival a work foreman allegedly pays for these services for them. Not speaking English, the victims have little choice but to work off their so-called “debts” at the work boss’s bidding. These practices have long been the focus of immigration officials in southern California and the border areas of Texas, New Mexico, Arizona and southern Florida. Successful prosecutions are few: in the past 6 years, 6 cases have been successfully prosecuted. Commercial Sexual Exploitation of Children/Human Trafficking Recent Trafficking Case Revealed In April 2005, three Mexican defendants pled guilty to 27 counts of running a sex-trafficking ring between Mexico and New York City. Between 1991 and 2004, The Carreto family smuggled dozens of young, poor women into the U.S. promising them jobs and better lives. Instead, they sold them into sexual slavery and only the Carreto’s profited. Commercial Sexual Exploitation of Children/Human Trafficking Children as Victims As of 2001, according to UNICEF and the Mexican National System for Integration of the Family, an estimated 16,000 children were used for sexual exploitation within Mexico. Hondurans, Guatemalans and El Salvadorans were also among those in the sex industry. The sex tourism industry in Mexico is often fueled by demand from U.S. citizens. Commercial Sexual Exploitation of Children/Human Trafficking Child Exploitation Some children are trained to work in tourist centers such as Acapulco, Cancun or Guadalajara. Others head to large border cities like Tijuana, Baja California or Ciudad Juarez. Commercial Sexual Exploitation of Children/Human Trafficking Counter-Trafficking Efforts Though much publicity has been given to U.S. efforts to assist trafficking victims within American borders, in Mexico, chances for assistance is much less. One major obstacle is that trafficking per se is not illegal in Mexico. Instead, immigration, organized crime and penal codes are used to prosecute offenders. Commercial Sexual Exploitation of Children/Human Trafficking Counter-Trafficking Efforts The government also makes no distinction between foreign traffickers and victims apprehended in raids: both are summarily deported, thereby clearing the way for the cycle of trafficking to begin again. Government officials and police are often themselves involved in smuggling rings. Commercial Sexual Exploitation of Children/Human Trafficking Improvements and Efforts A national outreach campaign against sexual exploitation of children and relevant training for Mexican police have been introduced. Panama, one of the top recipients of victims of trafficking, has had an impressive national response and has developed one of the best laws for fighting trafficking in the region. Commercial Sexual Exploitation of Children/Human Trafficking Improvements and Efforts Last year, the U.S. introduced the T visa that allows victims of human trafficking from countries like Mexico to stay in the U.S. if they would face “unusual and severe harm” by returning to their own country. The Justice Department has also set up a hotline for forced laborers smuggled into the U.S. with the hope that establishing contact with victim of trafficking or slavery will help drive out the perpetrators. 1-888-428-7581 Commercial Sexual Exploitation of Children/Human Trafficking Smuggling in Europe By 2000 it was estimated that 400,000 plus cases of human smuggling occurred. Commercial Sexual Exploitation of Children/Human Trafficking Smuggling in Europe A great range of smuggling was revealed with the trend going towards more “professionalism” in smuggling organizations. Due to constant fear of discovery and expulsion, migrants are subject to extreme pressure to adapt. They are easily blackmailed. Therefore, groups of smugglers can exploit the migrants in the receiving country by, for example, forcing them into prostitution. Commercial Sexual Exploitation of Children/Human Trafficking Refocusing on Trafficking We know that women and young girls are attracted by the prospect of a well-paid job as a domestic servant, waitress or factory worker. Commercial Sexual Exploitation of Children/Human Trafficking Recruiting Victims Traffickers are quite skilled in recruiting victims through: Fake advertisements, Mail-order bride catalogues, Casual acquaintances, And in some cases, using other trafficked women. Commercial Sexual Exploitation of Children/Human Trafficking A Lack of Systematic Data Although this is a global issue, to date there has been the lack of systematic data which would permit comparative analysis and the design of competent preventative measure is in its infancy. Commercial Sexual Exploitation of Children/Human Trafficking Misled or Deceived Confusion still focuses around the issue of a consenting victim. If they consent and are over 18, is it really a crime? YES . . . victims often consent to the initial stage of trafficking because they have been misled or deceived by traffickers. Commercial Sexual Exploitation of Children/Human Trafficking How is Trafficking Different from Smuggling? In some respects trafficking resembles the smuggling of immigrants. The differences however are crucial. Most often smuggling involves migrants who have consented to the smuggling. Trafficking victims have either never consented or their initial consent has been rendered meaningless by the coercive, deceptive or abusive actions of the traffickers. Commercial Sexual Exploitation of Children/Human Trafficking How is Trafficking Different from Smuggling? In some respects trafficking resembles the smuggling of immigrants. The differences however are crucial. Another major difference is that smuggling usually ends with the arrival of the migrants at their destination, whereas trafficking involves the ongoing exploitation of the victims in some manner to generate illicit profits for the traffickers. Commercial Sexual Exploitation of Children/Human Trafficking Greater Protection From a practical standpoint, victims of trafficking tend to be more severely affected and in greater need of protection in order to avoid re-victimization than do smuggled immigrants. Commercial Sexual Exploitation of Children/Human Trafficking Trafficking Facts Trafficking has reached epidemic proportions. Trafficking is not confined to the sex industry. No country is immune. Children are trafficked to work in sweatshops as bonded laborers. The fastest growing areas are Central and Eastern Europe and the former Soviet Union. Europe estimates that the industry is now worth several billion dollars a year. Men work illegally in “3-D” jobs – dirty, difficult and dangerous. Commercial Sexual Exploitation of Children/Human Trafficking A Form of Organized Crime Trafficking is almost always a form of organized crime. Trafficking has globalized with groups expanding their geographic scope of activities to explore new markets. Commercial Sexual Exploitation of Children/Human Trafficking The Low Risks of Trafficking The relatively low risks of trafficking and substantial potential profits have induced criminals to become involved as an alternative to other riskier criminal pursuits. Commercial Sexual Exploitation of Children/Human Trafficking The Low Risks of Trafficking Risks are further reduced by the extent to which victims are intimidated by traffickers both in destination countries, where they fear deportation or prosecution and in their country of origin, where they are often vulnerable to retaliation or re-victimization if they cooperate with law enforcement authorities. Commercial Sexual Exploitation of Children/Human Trafficking Child Trafficking The most odious of trafficking offenses Trafficking of children for economic purposes is closely linked to some of the worst forms of child labor. Commercial Sexual Exploitation of Children/Human Trafficking Victims are Forced Into. . . Prostitution Working in quarries, sweatshops, farms or as domestics Child Soldiers Many forms of involuntary servitude Commercial Sexual Exploitation of Children/Human Trafficking Children Suffer. . . Abuse Exposure to hazardous working conditions Confinement in the workplace Denial of education Denial of basic healthcare Denial of adequate nutrition Denial of leisure time The absence of the safety and security of their families Often they do not even speak the language of the location they were transported to. Commercial Sexual Exploitation of Children/Human Trafficking Victims Pay Through. . . Physical, sexual and psychological trauma Sexually transmitted infections Anxiety Insomnia Depression Post-traumatic stress disorder Other diseases such as tuberculosis Commercial Sexual Exploitation of Children/Human Trafficking Child Trafficking for Sexual Crimes Victims forced into sex slavery are often subdued with drugs and suffer extreme violence Child Sex Tourism Commercial Sexual Exploitation of Children/Human Trafficking Child Trafficking: A Global Problem The State Department estimates that over 500,000 children are trafficked across national borders each year. UNICEF places their estimate at 1.2 million. Everyone agrees that the trade is growing. Keep in mind that these figures do not consider the number of children trafficked within countries. Commercial Sexual Exploitation of Children/Human Trafficking United States The State Department estimates that 18,000 to 20,000 children are illegally trafficked into the US each year. The CIA estimates between 45,000 and 50,000. Most of the victims of child trafficking are also counted among the 100,000 to 300,000 children in the U.S. who are being exploited through prostitution and pornography. Commercial Sexual Exploitation of Children/Human Trafficking The Legal and Political Aspects The United Nations The United States The State of Pennsylvania Commercial Sexual Exploitation of Children/Human Trafficking Title 18 United States Code 1201 Prohibits kidnapping 1203 Prohibits taking hostages 1546 Prohibits misuse of visas and other documents 1584 Prohibits the sale of humans 1589 Prohibits forced labor 1590 Prohibits the recruitment, harboring, transportation, provision or obtaining a person for labor or services in violation of a servitude or trafficking offense Commercial Sexual Exploitation of Children/Human Trafficking Title 18 United States Code 1591 Prohibits the placement a person or profiting from a person placed in a commercial sex act, where the person is either a minor or their services are engaged by force, fraud, or coercion 1592 Prohibits the misuse of official documents to further human trafficking 2421 Prohibits transportation for the purpose of prostitution or other illegal sexual activity 2422 Prohibits the coercion of any person to travel between states to engage in prostitution 2423a Prohibits the transportation of a minor across state borders to engage in illegal sexual activity Commercial Sexual Exploitation of Children/Human Trafficking U.S. Protection Act of 2003 Strengthened law enforcement’s ability to prevent, investigate, prosecute, and punish violent crimes committed against children Established & Funded the AMBER Alert Program Expanded the use of wire-tapping in investigating sexual abuse and sex trafficking crimes involving children Eliminated the statute of limitations for almost all crimes involving the abduction or sexual abuse of a child Commercial Sexual Exploitation of Children/Human Trafficking U.S. Protection Act of 2003 Made it more difficult for those charged with crimes against children to obtain bail Strengthened existing laws against sex tourism Increased penalties to a maximum of 30 years in prison for engaging in a CST crime Established “two strike” provision for serious sexual abuse of a child Eliminated cap on length of post-release supervision of sex offenders Commercial Sexual Exploitation of Children/Human Trafficking Latvia US State Department Grant Produced public awareness conference that lead to common definition Training within capital city of Riga as well as within rural areas (targeting recruitment areas) Benefits include: Gathering of “groups” whom had not been in regular communication including social workers, law enforcement officers, judges and parents; creating sustainable working Commercial Sexual Exploitation of Children/Human Trafficking Ecuador American Bar Association and U.S. State Department Grant Conducted social services assessment to determine professional capability to deal with trafficking issues. Training of government officials, social workers and police at both national and local levels. Commercial Sexual Exploitation of Children/Human Trafficking Pennsylvania’s Current and Proposed Laws Sexual Exploitation of Children (18 Pa. Cons. Stat. § 6320) (May 10, 2000, P.L.41, No.14) 2000 Amendment. Act 14 added section 6320. A person commits the offense of sexual exploitation of children if he procures for another person a child under 18 years of age for the purpose of sexual exploitation. Penalty: An offense under this section is a felony of the second degree. Commercial Sexual Exploitation of Children/Human Trafficking Pennsylvania’s Current and Proposed Laws Prostitution Laws of Pennsylvania § 5902: Prostitution and related offenses Prostitution is a misdemeanor of the third degree when the offense is a first or second offense. Misdemeanor of the second degree when the offense if a third offense. Misdemeanor of the first degree when the offense if a fourth or subsequent offense. Felony of the third degree if the person who committed the offense knew that he or she was human immunodeficiency virus (HIV) positive of manifesting acquired immune deficiency syndrome (AIDS). Pennsylvania’s Current Prostitution Laws Promoting prostitution of a child under the age of 16 years, whether or not the actor is aware of the age of the child constitutes a felony of the third degree. Commercial Sexual Exploitation of Children/Human Trafficking Pennsylvania: Human Trafficking State Human Trafficking Legislation One bill on human trafficking was introduced in Pennsylvania and passed on October 25th, 2012. The National Human Trafficking Resource Center Hotline Notification Act. http://www.humantrafficking.neu.edu/responses/state_human_trafficking/ Commercial Sexual Exploitation of Children/Human Trafficking Anti-Trafficking Strategies Anti-Trafficking Strategies target all three aspects: Supply Side Trafficking Side Demand Side Commercial Sexual Exploitation of Children/Human Trafficking Supply Side – Community Involvement The conditions that drive trafficking must be addressed with programs that alert communities to the dangers while also improving educational opportunities and school systems. Commercial Sexual Exploitation of Children/Human Trafficking Trafficking Law enforcement programs must: Identify and interdict trafficking routes Clarify legal definitions Coordinate law enforcement responsibilities Vigorously prosecute traffickers and those who aid them Fight public corruption that erodes the law Sentencing punishment must fit the crime. Commercial Sexual Exploitation of Children/Human Trafficking Trafficking Awareness-raising campaigns must be conducted in destination countries to make it harder for childhood trafficking to be concealed. Local, state, national and regional programs to fight childhood trafficking must be coordinated. Nations need to cooperate more closely to deny traffickers legal sanctuary. Government officials should be trained in anti-trafficking techniques. Commercial Sexual Exploitation of Children/Human Trafficking Demand Side Sex industry and the growing demand for exploitable labor Sex tourism and child pornography have become worldwide industries Use of the Internet permits instant and nearly undetectable transactions Profits from human trafficking are estimated to be $13 billion annually. Commercial Sexual Exploitation of Children/Human Trafficking Demand Side Persons who exploit children must be identified and prosecuted. Employers of childhood labor must be publicly named and prosecuted. Commercial Sexual Exploitation of Children/Human Trafficking Challenges Few serious studies have been conducted Access to victims is difficult There is an absence of research on trafficked persons themselves Evaluative studies need to be done on the effectiveness of anti-trafficking legislation Commercial Sexual Exploitation of Children/Human Trafficking Certainties There is a growing number of children being trafficked across and within borders. An emphasis on criminal prosecution of traffickers as well as victims assistance must be stressed. International cooperation is essential to combat trafficking. Commercial Sexual Exploitation of Children/Human Trafficking International Best Practices From 2009 TIP Report 1. 2. 3. 4. Ethiopia: “Forum for Street Children” raise awareness through training of police officers within Child Protection Units (CPUs) in law enforcement offices. Since 2000, over 1,000 trafficked street children were reunified with their families. Panama: In June 2008, the government released a 3 year national plan to combat the commercial sexual exploitation of minors. European Community: The Council for Europe’s Convention on Action against Trafficking in Human Beings was ratified by 10 countries including non-punishment clause for victims and resident permits not based upon cooperation with law enforcement officers. Romania: The government, in conjunction with NGOs, conducted two demand reduction campaigns that specifically targeted clients of the sex trade. Commercial Sexual Exploitation of Children/Human Trafficking Improvements and Efforts Abroad Mexico: national outreach campaign against sexual exploitation of children/ relevant training for police. Panama: one of the top recipients of victims of trafficking, has had a impressive national response and developed one of the best laws for fighting trafficking 32 countries have laws that allow prosecution for their citizens who commit CST crimes abroad Commercial Sexual Exploitation of Children/Human Trafficking Africa: Children Take on the Fight Save the Children: Sweden to form a summit co-organized by UNICEF and ECPAT to discuss how children can fit against child sexual exploitation. Sexual exploitation of children is on the rise Kenya: 80% of surveyed children reported their introduction of sex-work to be made by a friend or family member. Global economic crisis creates higher food prices and difficult economic conditions. Children are having more economic responsibility in their families. Commercial Sexual Exploitation of Children/Human Trafficking Africa: Children Take on the Fight 22 children from 15 African countries met to debate the topic. Discussed various forms of exploitation including sex tourism, sexual violence at school, forced marriage and sexual violence surrounding conflicts. Youth-friendly and non-threatening communication tool: Text messaging a help-line. Commercial Sexual Exploitation of Children/Human Trafficking Africa: Children Take on the Fight “We have to come together. This is really affecting us young children. Sugar-daddies give short term benefits but long-term problems. We can make a difference - the future lies in our hands.” Yassin (15) from Gambia Commercial Sexual Exploitation of Children/Human Trafficking UNICEF and WHO Code Suppliers of tourism services may adopt the UNICEF and WHO Code of Conduct for the protection of children from exploitation in travel and tourism: Establish an ethical policy regarding commercial sexual exploitation of children Train the personnel in the country of origin and travel destinations Introduce a clause in contracts with suppliers, stating a common repudiation of commercial sexual exploitation of children Provide information to local "key persons" at the destinations Commercial Sexual Exploitation of Children/Human Trafficking Improvements and Efforts at Home A federal judge sentenced a trafficker who put a 12 year old runaway on the streets of DC to “turn tricks” to a life-sentence. Carlos Curtis was the first person in the DC area to be prosecuted for trafficking juveniles under the TVPA Act. Unfortunately, the teenager he trafficked has disappeared and local authorities fear she is back on the street, making money the way Curtis taught her to. Commercial Sexual Exploitation of Children/Human Trafficking Improvements and Efforts at Home We need to realize that we are 20 years behind he traffickers in understanding this issue. Commercial Sexual Exploitation of Children/Human Trafficking Language and Sensitivity T-Chart “Teen/Child Prostitution” “Teen/Child Prostitute” CSEC Sexually Exploited Child A young person who has made a conscious and poor choice to enter the commercial sex industry A child not developmentally, legally, or socially able to make the choice to have sex for money or to become involved in the commercial sex industry Provides that no context for “choices” made Indicates that multiple factors impact how and why children are involved A “bad kid” who is resistant to help and may not be worth the effort A young person who deserves intensive support and services Commercial Sexual Exploitation of Children/Human Trafficking Language and Sensitivity T-Chart “Teen/Child Prostitution” “Teen/Child Prostitute” CSEC Sexually Exploited Child Used as an insult/derogatory term A young person who has been sexually used, coerced, manipulated, and violently controlled for another person’s profit Associated with stereotypes Understanding of inequality, power imbalance A label with long-lasting stigma Takes into consideration vulnerability of children Commercial Sexual Exploitation of Children/Human Trafficking Language and Sensitivity T-Chart “Teen/Child Prostitution” “Teen/Child Prostitute” CSEC Sexually Exploited Child Supports myths and misunderstanding of the issue and of youth involved Defines what has happened to a child, rather than labels who the child is Wrongly equated with a “profession” or work A form of child abuse A juvenile offender, a criminal Indicates a system of violence against women and children Commercial Sexual Exploitation of Children/Human Trafficking Language and Sensitivity T-Chart “Teen/Child Prostitution” “Teen/Child Prostitute” CSEC Sexually Exploited Child Punishable-youth deserve consequences of sexual violence, social isolation, incarceration, etc. A young person victimized by multiple systems of oppression Denies social responsibility and accountability to address as an issue Call for social responsibility and accountability to address as an issue Commercial Sexual Exploitation of Children/Human Trafficking CSEC is. . . The commercial sexual exploitation of children (CSEC) comprises: Sexual abuse and remuneration in money, goods, or services, or the promise of money, goods, or services to the child or a third person or persons. Defined by an element of organization and/or intent, and/or the context of the commercial sex industry. The child is treated as a commercial and sexual object. CSEC is a form of violence against children. Commercial Sexual Exploitation of Children/Human Trafficking CSEC includes: Street prostitution Pornography Stripping Erotic/nude massage Escort services Phone sex lines Private parties Gang-based prostitution Interfamilial pimping Forms of Internet-based exploitation Commercial Sexual Exploitation of Children/Human Trafficking Related Issues: SEC Sexual Exploitation of Children (SEC) Taking unfair advantage of the imbalance of power between an adult and a youth or child under the age of 18 for the purpose of sexual pleasure. Can also involve remuneration in money, goods, or services, or the promise of money, goods, or services to the child. Commercial Sexual Exploitation of Children/Human Trafficking Related Issue: Sex Trafficking FACT: The Trafficking Victims Protection Act (TVPA) of 2000 defines “sex trafficking” as: the recruitment, harboring, transportation, provision, or obtaining of a person for a commercial sex act. Commercial Sexual Exploitation of Children/Human Trafficking Related Issue: Sex Trafficking FACT: TVPA of 2000 defines “severe forms of trafficking in persons” in the following two-tiered definition: 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 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. Commercial Sexual Exploitation of Children/Human Trafficking Related Issue: Sex Trafficking MYTH: Trafficking is defined by the crossing of state or national borders. Only foreign nationals can be victims of trafficking. Commercial Sexual Exploitation of Children/Human Trafficking Related Issue: Sex Trafficking FACT: CSEC victims are victims of sex trafficking in children when there is a third party exploiter who profits from the exploitation. Victims of human trafficking can be men and women, adults and children, and U.S. citizens and foreign nationals. Commercial Sexual Exploitation of Children/Human Trafficking CSEC in the United States At least 100,000 to 300,000 youth are at risk for commercial sexual exploitation annually in the U.S. (Estes and Werner, 2001) The average age of entry into the commercial sex industry in the U.S. is 12 years old. (Child Exploitation and Obscenity Section) Commercial Sexual Exploitation of Children/Human Trafficking CSEC in the United States The National Incidence Studies of Missing, Abducted, Runaway, and Throwaway (NISMART) children estimate that 1.6 million children runaway from home each year in the U.S. One in three teens will be recruited by a pimp within 48 hours of leaving home and becoming homeless. Commercial Sexual Exploitation of Children/Human Trafficking CSEC in the United States Commercial Sexual Exploitation of Children/Human Trafficking CSEC in the United States Commercial Sexual Exploitation of Children/Human Trafficking CSEC in the United States Commercial Sexual Exploitation of Children/Human Trafficking CSEC in the United States Commercial Sexual Exploitation of Children/Human Trafficking Federal Legislation Federal Legislation that addresses CSEC: The Trafficking Victims Protection Act (TVPA) of 2000, and its subsequent Re-authorizations in 2003 and 2005 The PROTECT Act of 2003 The Adam Walsh Child Protection and Safety Act of 2006 The Mann Act of 1910 (also known as the White Slave Traffic Act) Commercial Sexual Exploitation of Children/Human Trafficking Children At Risk Children at risk for recruitment into CSEC are children who: Are younger than 18 years old Walk to school or to the store alone Own or have access to a computer Are attracted to consumer goods Desire to develop romantic relationships Sometimes feel insecure Feel misunderstood Fight with their parents Sometimes feel their parents don’t care Want more independence Test boundaries and take risks Commercial Sexual Exploitation of Children/Human Trafficking Children At Risk QUESTION According to this, who is at risk for recruitment into CSEC? ANSWER All Children! Commercial Sexual Exploitation of Children/Human Trafficking Children At Risk Multiple studies estimate that. . . 70 to 90 percent of sexually exploited children have a history of child sexual abuse. Commercial Sexual Exploitation of Children/Human Trafficking Sexual Abuse, SEC & CSEC Commercial Sexual Exploitation of Children/Human Trafficking Pathways to Entry Ways recruitment can happen. . . Parents selling children Violence or force Kidnapping Seduction and coercion False advertising for “modeling,” “acting,” or “dancing” opportunities Peer recruitment Internet enticement through chat rooms or profile-sharing sites Commercial Sexual Exploitation of Children/Human Trafficking Physical & Psychological Impact Commercial Sexual Exploitation of Children/Human Trafficking Street Terminology The Life or the Game. . . The commercial sexual exploitation or the sex industry Daddy. . . Your own pimp (evoking images of fatherhood) P.I. . . . In reference to another pimp Stable. . . A group of women/girls under pimp control Bottom Bitch/Bottom Girl. . . The head girl Commercial Sexual Exploitation of Children/Human Trafficking Street Terminology (continued) Breaking. . . To give all your money to your pimp Choosing. . . To choose another pimp Folks/Family. . . Your pimp or the person for whom you work Gorilla Pimping. . . A pimp who uses force to get a child Track/Stroll. . . A street location for commercial sex Turnout. . . Someone who recruits you into “the life” Commercial Sexual Exploitation of Children/Human Trafficking Street Terminology (continued) Wife-in-Law. . . A group of girls who work for the same pimp Dates/Johns/Tricks. . . Buyers of commercial sex In House. . . Someone who works from inside a house Out of Pocket. . . To look at or talk to another pimp Stay in Pocket. . . To play by the rules of “the game” Renegade. . . To work for oneself or to hot have a pimp Commercial Sexual Exploitation of Children/Human Trafficking Street Terminology (continued) Renegade. . . To work for oneself/not have a pimp Pimps Up, Hos Down. . . A reference to power and status or a rule of standing in the street and not being allowed on the side walk Pimp Circle. . . A group of pimps surrounding a girl for purposes of intimidation Square. . . Those who were never in “the life” Squaring Up. . . To get out of the game Squad. . . Cops Commercial Sexual Exploitation of Children/Human Trafficking CSEC Victim Identification Commercial Sexual Exploitation of Children/Human Trafficking Identifying CSEC Victims If the age of an individual has been verified to be under 18, and the individual is in any way involved in the commercial sex industry, or has a record of prior arrest for prostitution (or related charges), then he or she is a CSEC victim. Commercial Sexual Exploitation of Children/Human Trafficking Identifying CSEC Victims Physical and sexual violence are the everyday reality of many sexually exploited children and may leave visible signs of abuse, such as: unexplained bruises, black eyes, cuts, or marks. Exhibit behaviors including fear, anxiety, depression, submission, tension, and/or nervousness. Exhibit “Hyper-vigilance” or paranoid behavior. Sexually exploited children and youth often express interest in, or are in relationships with adults, or older men. Commercial Sexual Exploitation of Children/Human Trafficking Identifying CSEC Victims Wearing sexually provocative clothing can be an indicator of sexual exploitation. But it should be noted, so as not to rely on stereotypes, that not all children in the commercial sex industry wear such clothing. Sexually provocative clothing is not a warning sign, in and of itself. Wearing new clothes of any style, or getting hair or nails done with no financial means to this independently, is a more general indicator of potential sexual exploitation. Commercial Sexual Exploitation of Children/Human Trafficking Identifying CSEC Victims Most sexually exploited children have been trained to lie about their age. Sometimes a child’s appearance and/or actions can contradict the information they give. Be sensitive to clues in behavior or appearance that could indicate that a child is underage. Personal information- such as: age, name, and/or date of birth-might change with each telling of his or her story, or the information given might contradict itself. Has no identification or is not in control of his or her identification documents. Commercial Sexual Exploitation of Children/Human Trafficking Identifying CSEC Victims Has an explicitly sexual online profile via internet community sites, such as MySpace.com, Plackplanet.com etc. Excessive frequenting of internet chat rooms or classified sites, such as Craigslist.org, known for recruitment. Depicts elements of sexual exploitation or the commercial sex industry in drawing, poetry, or other modes of creative expression. Prints lyrics to sexually explicit music or songs that allude to the sex industry. Doctors and nurses can consider frequent or multiple sexually transmitted diseases (STDs) or pregnancies a warning sign. Commercial Sexual Exploitation of Children/Human Trafficking Identifying CSEC Victims Homeless or runaway youth who are in the position of surviving on their own may be forced to exchange sex for survival needs, such as housing or shelter. This can lead to recruitment into the commercial sex industry or a more organized or regular trading of sex for money, shelter, or things of value. Youth living in group homes and youth shelters are targeted by exploiters for sexual exploitation. Commercial Sexual Exploitation of Children/Human Trafficking Identifying CSEC Victims Truancy or tardiness from school may be a sign that sexual exploitation is occurring during school hours, or during hours when the young person should otherwise be sleeping. Family dysfunction-including: abuse in the home (emotional, sexual, physical, etc.), neglect, absence of a caregiver, or substance abuse-is a major risk factor for CSEC, and therefore may be a warning sign. Commercial Sexual Exploitation of Children/Human Trafficking Needs of CSEC Victims Tangible Needs Intangible Needs Crisis housing Long-term housing Food Clothing Education Job or income Viable alternatives for employment Transportation Legal representation and/or advocacy Safety Protection Nonjudgmental environment Respect Acceptance Engagement in positive community Healthy adult relationships Mentors and/or positive role models Supportive peers Commercial Sexual Exploitation of Children/Human Trafficking Needs of CSEC Victims (continued) Tangible Needs Intangible Needs Opportunities to develop new skills and strengths Medical and/or dental care Health education Mental healthcare Counseling and/or case management Safety plan Childcare and/or parenting skills Understanding of the recovery process Affirmation of skills and strengths Recognition of abuse and trauma An opportunity to not be defined solely by abuse and trauma Options A sense of empowerment in one’s own healing and restoration process Commercial Sexual Exploitation of Children/Human Trafficking Needs of CSEC Victims (continued) Tangible Needs Intangible Needs Political education to understand the issues of CSEC Youth leadership opportunities Love Holistic care Commercial Sexual Exploitation of Children/Human Trafficking Do’s and Don’ts Appropriate Engagement with CSEC Victims DO put into practice your knowledge of risk factors, pathways to CSEC, and techniques for victim identification when identifying and engaging with youth. DON’T rely on stereotypes to identify or engage with sexually exploited children. DO provide a safe place for engagement. DON’T question or engage a sexually exploited child at a location where they feel threatened or unsafe. DO be nonjudgmental when listening to a sexually exploited child. DON’T react verbally or physically in a way that communicates disgust or disdain. Refrain from displaying a shocked face or talking about how “awful” the child’s experience was. This may shut the child down. Commercial Sexual Exploitation of Children/Human Trafficking Do’s and Don’ts Appropriate Engagement with CSEC Victims DO work to build trust with a sexually exploited child. DON’T expect immediate gratitude for your efforts. DO pay attention to your body posture. Face the child and make eye contact. Show interest, empathy, and understanding through verbalizations, nods and facial expressions. Speak in a calm and even tone. DON’T act or appear to be distracted, or disapproving. Do not use intimidation tactics like interrogating the child r standing over the child. Commercial Sexual Exploitation of Children/Human Trafficking Do’s and Don’ts Appropriate Engagement with CSEC Victims DO keep physical contact to a minimum. When there is physical contact, let a child know exactly what you are doing and remind the child that you are not there to hurt them. DON’T use physical contact where it is not appropriate. Physical contact as a comforting response should be initiated by the child. DO be familiar with street language and slang that children and youth might use. DON’T try to use street language and slang out of context when talking with children and youth. Commercial Sexual Exploitation of Children/Human Trafficking Do’s and Don’ts Appropriate Engagement with CSEC Victims DO use language and terms that are appropriate and sensitive to a child’s experience as a victim. DON’T expect youth to always phrase their experiences in language that is appropriate or to refer to themselves as victims. Do not use inappropriate language, derogatory terms, shame, or belittlement when discussing the child’s experiences. DO recognize the various symptoms of trauma exhibited and coping mechanisms used by a CSEC victim that my not be those one typically associates with victims. DON’T use strategies that switch intermittently between treating the child as an offender, then as a victim. Commercial Sexual Exploitation of Children/Human Trafficking Do’s and Don’ts Appropriate Engagement with CSEC Victims DO recognize the child as a victim and a survivor of severe child abuse. DON’T treat the child as a perpetrator by prosecuting the child and not using statutory rape, sexual abuse, and trafficking laws to prosecute pimps, johns, traffickers, and recruiters. DO help a child “slow down” and debrief if they seem overwhelmed or disconnected when telling their story. Limit the amount of information you ask them to disclose. DON’T expect or push every child to disclose all the details of their abuse. Sometimes heavy information will need to be gathered in stages. DO keep the child talking and make them fee comfortable. DON’T dispute facts or comment on a child’s motivation. This is likely to stop the flow of information. Commercial Sexual Exploitation of Children/Human Trafficking Do’s and Don’ts Appropriate Engagement with CSEC Victims DO take sexually exploited youth seriously. DON’T diminish the seriousness of their experiences or concerns. DO meet a sexually exploited child where they are and on their terms, and try to meet the needs they present. DON’T expect a child to recognize their situation as exploitative or to present themselves as a victim in need of immediate intervention or rescuing. DO apply sensitivity and attention to a child’s cultural background. DON’T draw conclusions based on stereotypes of a child’s culture, race, ethnicity, class, gender, or sexual orientation. Do not impose actions that are culturally inappropriate or insensitive. Commercial Sexual Exploitation of Children/Human Trafficking Do’s and Don’ts Appropriate Engagement with CSEC Victims DO continually process your own experiences, feelings, and judgments concerning the issues surrounding sexual exploitation. DON’T ignore signs of vicarious re-traumatization or burnout fatigue. DO improve a systemic response to CSEC by creating inter-agency relationships to comprehensively meet victims’ needs. DON’T assume sole responsibility for meeting the myriad and complex needs of a CSEC victim. DO collaborate with local experts and survivors of sexual exploitation to engage with victims or to work for policy change. DON’T marginalize the experiences or voices of survivors in a community response to CSEC. Commercial Sexual Exploitation of Children/Human Trafficking Tough Questions for Service Providers Commercial Sexual Exploitation of Children/Human Trafficking Tough Questions for Service Providers 1. 2. 3. 4. 5. 6. 7. How do you engage with a child who doesn’t want to engage? How do you get CSEC victims to understand exploitation when they don’t think they are being exploited? How do you deal with a child who you have been working with long term, who is making positive progress in his/her life, who understands the dynamics of exploitation, who goes back to the life? How do you work with a girl who has a “daddy” and says she is in love with him? How do you engage with sexually exploited kids on the street? How do you deal with a child who is actively recruiting other youth from your agency? When recruiters and pimps know the location of your agency what should you do? Commercial Sexual Exploitation of Children/Human Trafficking Essentials of Service Delivery for Youth Safe Space Cultural Competency Youth Development Commercial Sexual Exploitation of Children/Human Trafficking Safe Space: Physical Safety Choose a safe location Install a security system Maintain a confidential address Recognize and respond to limitations of a confidential address: protocols around exploiters knowing location Commercial Sexual Exploitation of Children/Human Trafficking Safe Space: Physical Safety (continued) Set rules for appropriate conduct for youth Create a staff code of conduct/ethics and ensure training Create an inviting, youth friendly space Provide space for confidential interviews/counseling Commercial Sexual Exploitation of Children/Human Trafficking Safe Space: Emotional Safety Appropriate music (do not play music that promotes sexual exploitation) Decorate the space with appropriate, informational, and/or inspiring images Use appropriate language (be especially sensitive to derogatory terms in reference to sexually exploited youth) Create policies that address recruitment in the agency Respect children’s need for privacy and confidentiality Commercial Sexual Exploitation of Children/Human Trafficking Safe Space: Emotional Safety (continued) Set protocols for counseling that ensures privacy and confidentiality (i.e. Door open or closed) Conduct mental health assessments Encourage and practice self-soothing/self-care for staff and youth Promote an inclusive and non-judgmental community Provide ongoing professional development opportunities to ensure a trained and sensitive staff Commercial Sexual Exploitation of Children/Human Trafficking Cultural Competency Staff have a thorough understanding of impact, dynamics, and subcultures of CSEC Build on the cultural strengths of youth & incorporate these into programming. Employ staff that speaks the language(s) of clients Print promotional materials in languages used in the community Make an effort to maintain a staff population that is representative of client population (consider gender, race/ethnicity, sexual orientation, etc.) Commercial Sexual Exploitation of Children/Human Trafficking Cultural Competency (continued) Support survivor voices and/or work with survivors of CSEC Work with a CSEC victim as a whole person, not just a victim of abuse. Accommodate mental health services to ensure they are sensitive to cultural/community perception of mental health care Take into account community relationships with outside agencies when building relationships Celebrate and foster diversity in your agency (staff and youth populations) Commercial Sexual Exploitation of Children/Human Trafficking Youth Development Believe that all sexually exploited youth have the ability to be leaders Infuse programming with youth leadership opportunities Give youth ownership of aspects of program planning Provide age appropriate engaging, and youth friendly activities Commercial Sexual Exploitation of Children/Human Trafficking Youth Development (continued) Provide a continuum of services to meet immediate and long term needs Address all areas of adolescent development in programming: physical, cognitive, psychosocial Offer access to diverse learning experiences Create opportunities for youth to learn and master new skills Commercial Sexual Exploitation of Children/Human Trafficking Youth Development (continued) Focus on providing opportunities for youth to build healthy self esteem Foster a sense of belonging and importance in the community Create opportunities for investment and empowerment within the community Commercial Sexual Exploitation of Children/Human Trafficking Incorporating CSEC Commercial Sexual Exploitation of Children/Human Trafficking Making CSEC a Priority At Your Agency 1. Decorate the space with posters or materials from CSEC awareness campaigns. 2. Make available youth friendly brochures on CSEC and local resources/service providers. 3. Offer staff training on CSEC and working with sexually exploited youth. 4. Include questions about CSEC on intake and processing forms. 5. Incorporate the issue of CSEC into broader social justice education programming Commercial Sexual Exploitation of Children/Human Trafficking Making CSEC a Priority At Your Agency (continued) 6. Offer special workshops on CSEC. 7. Purchase educational materials from agencies serving CSEC victims. 8. Invite speakers from survivor led organizations to speak with your youth. 9. Offer a weekly prevention youth group that is and non-judgmental. 10. Design or modify intake, assessment, and referral forms to gather information specific to CSEC and risk factors. Commercial Sexual Exploitation of Children/Human Trafficking INVESTIGATING CSEC CASES Interviewing Victims “It took them almost a year and a half of being locked up a bunch of times in adult jail till they realized I was juvenile.” CSEC survivor Commercial Sexual Exploitation of Children/Human Trafficking INVESTIGATING CSEC CASES Interviewing Victims OBJECTIVES. . . To focus on victim-centered investigation and prosecution To learn strategies for building a case against CSEC To practice appropriate protocol for interviewing victims Commercial Sexual Exploitation of Children/Human Trafficking Tough Questions for Law Enforcement And Legal Professionals 1. How do you interact with sexually exploited kids on the street? 2. How do you build a case against an exploiter or trafficker to put them away? 3. What do you do to try to prevent a victim/witness from running away? 4. What do you do when interviewing a child who presents as an “unwilling victim,” who is resistant to police intervention, or who protects her exploiter? Commercial Sexual Exploitation of Children/Human Trafficking Tough Questions for Law Enforcement And Legal Professionals (continued) 5. What strategies do you use to build a case against an exploiter that is not hinged on a child’s testimony? 6. How do you deal with a child that goes AWOL and returns to the life? 7. How do you hold johns accountable for CSEC? How do you address demand? Commercial Sexual Exploitation of Children/Human Trafficking INVESTIGATING CSEC CASES Interviewing Victims “These are really the hardest cases I’ve ever worked on in all my years on the job. So hard. It’s so tough, so complex, there is so much involved. And people don’t want to believe that these are real victims.” Sergeant, Special Projects Squad Commercial Sexual Exploitation of Children/Human Trafficking Key Points For Effective CSEC Investigations Before you begin. . . Understand that this will not be an easy case Understand that these cases may not be priority for your supervisor Understand the dynamics of CSEC Be willing to invest a lot of time Be willing to work collaboratively Commercial Sexual Exploitation of Children/Human Trafficking Key Points For Effective CSEC Investigations As you work with the victims. . . Be persistent and patient Be respectful and nonjudgmental of your victims Know what resources are available Bring in people who are experienced with dealing with CSEC victims immediately Commercial Sexual Exploitation of Children/Human Trafficking Key Points For Effective CSEC Investigations Gain trust and confidence. . . First engagement can make a huge impression, whether you develop the relationship that lets you build a case and/or truly help the victim Victims may be resistant upon first engagement, but if you start building trust immediately, they may later visit or contact you with the information you need Be clear you are not there to hurt them (most adults in their lives may have) Commercial Sexual Exploitation of Children/Human Trafficking Key Points For Effective CSEC Investigations Gain trust and confidence. . . Refer cases to Special Victims Unit, Anti-Trafficking Unit, or other units experienced in dealing with CSEC Invite CSEC-specific service providers to be involved in the case from the beginning. The child may have an existing relationship with service provider, or feel safer talking to a child advocate Make sure the child understands his/her situation and/or legal rights by translating all legal terms into terms the child can understand Commercial Sexual Exploitation of Children/Human Trafficking Key Points For Effective CSEC Investigations Gain trust and confidence. . . Provide a safe, non-threatening place for questioning Do not be judgmental While not condoning exploitation, appear neutral Commercial Sexual Exploitation of Children/Human Trafficking Key Points For Effective CSEC Investigations Gain trust and confidence. . . Maintain appropriate boundaries Do not treat victim like a perpetrator Do not threaten victim with consequences for not cooperating with investigation for or testifying against exploiter Commercial Sexual Exploitation of Children/Human Trafficking Key Points For Effective CSEC Investigations Address Immediate Needs. . . Sleep – Let the child sleep if he or she was up all night. Children are much more receptive to questions after getting sleep Clothing appropriate to place and temperature Food Medical attention Commercial Sexual Exploitation of Children/Human Trafficking Key Points For Effective CSEC Investigations Address Immediate Needs. . . Determine appropriate guardianship (call and/or visit guardians Connect victim with CSEC-specific services/service providers Safe Placement This is challenging, but keeping a child close serves the officer and the child well. You may not get truthful information the first interview, but you may in conversations to come Commercial Sexual Exploitation of Children/Human Trafficking Key Points For Effective CSEC Investigations Address Immediate Needs. . . Check up on the victim, and let the victim know you are checking up on him or her Let the victim know you care Prevent additional missing-persons reports Commercial Sexual Exploitation of Children/Human Trafficking Key Points For Effective CSEC Investigations Debriefing. . . Use CSEC-appropriate language and a calm, even tone Prepare to spend more time than with most crime victims Behave unlike most victims or confidential informants Be respectful and nonjudgmental Commercial Sexual Exploitation of Children/Human Trafficking Key Points For Effective CSEC Investigations Debriefing. . . Use logic to sensitively confront denial, i.e., “I know you think he protected you when you had a bad date, but what happened after that date? He put you in a car with another date. . .Do you think that he’s really protecting you?” Involve service provider or child advocate Get pedigree information and ask questions about background Expect lies and misinformation Commercial Sexual Exploitation of Children/Human Trafficking Key Points For Effective CSEC Investigations Debriefing. . . False name and background information Protect pimp/exploiter i.e., “He’s just my boyfriend.” The more information you get the better- somewhere in there, something will be true. Enter all information given into the system and look for missing-persons reports, etc. Commercial Sexual Exploitation of Children/Human Trafficking Key Points For Effective CSEC Investigations Sample Questions. . . “Tell me about your family?” “Is there anyone I can contact? I need to contact a family member?” (Child may give you the phone number of a relative, or the phone number of her pimp or the “bottom.” either way, this information is helpful for a case) Where is the child living? Where was he/she living? (shelter, group home, family, etc.) Commercial Sexual Exploitation of Children/Human Trafficking Key Points For Effective CSEC Investigations Sample Questions. . . What help does the child need? (convert or keep case as a PINS instead of a criminal case) Ask about traveling to other states/cities/countries Commercial Sexual Exploitation of Children/Human Trafficking Strategies for Prepping a CSEC Victim Challenge 1: Fuzzy on dates/details Strategy 1: Get a calendar and begin to talk to the victim about personally significant dates in his/her life (i.e. their birthday, anniversary of mother’s death, little sister’s graduation.) This will make it easier to begin to prep victim and make sure that she/he isn’t tripped up on the stand. Help them to remember little details such as their outfit or the weather. Help the victim build a strong mental picture of the incident so that they will be able to draw on their ‘picture’ if they get confused. Be patient with your victim. He/she has been through a lot and may have blocked out certain incidents to avoid the pain. Be sure to have someone who has a privileged relationship with child there to prep and work with before and after interviews or giving testimony. Commercial Sexual Exploitation of Children/Human Trafficking Strategies for Prepping a CSEC Victim Challenge 2: Doesn’t display ‘appropriate emotions,’ i.e. doesn’t cry or breakdown, may smile when talking about abuse Strategy 2: Make sure that you understand that CSEC victims, due to extreme trauma, may not be able to fully process or express their emotions in a way that “makes sense” to others. This doesn’t mean that she/he is not upset, scared, hurt, or a “real victim.” Its not your job to make a victim look “upset” or cry on cue, but it is up to the prosecutor to help the jury and judge feel empathy for the victim. Don’t make the victim feel like they “should” express their emotion in a particular way. However, secure an expert witness on the issues of CSEC and/or violence, PTSD, sexual abuse. The expert witness, or victim witness advocate, should be able to help the jury understand the psychological dynamics of the trauma of CSEC, how victims develop trauma bonds and loyalty to prep, and how this may impact the child. Commercial Sexual Exploitation of Children/Human Trafficking Strategies for Prepping a CSEC Victim Challenge 3: Wavers on following through Strategy 3: Time, time, time. You may have lots of other cases, however, CSEC cases really need an investment of time and patience. Be prepared to spend more time with your CSEC victims than with other victims, Familiarize yourself with the service providers working with the victim. Stay connected with them and with the victim, particularly if the case is taking a long time to come to trial. The victim may be struggling with fear, guilt, relapse, or recovery issues. Be sure to let your victim know constantly that she/he’s doing the right thing and that you are working on the case. Testifying is scary, make sure your victim feels as prepared as possible. Before testimony, try to take him/her into a courtroom and practice being on the witness stand. Point out where people might be. Reassure them as much as possible. Commercial Sexual Exploitation of Children/Human Trafficking Strategies for Prepping a CSEC Victim Challenge 4: Unsympathetic to the jury Strategy 4: People make judgments on many things, particularly race, class, gender, and sexual orientation. As the prosecutor it’s not possible to address ingrained prejudices in the context of the courtroom. People also often judge others on first impressions. How they look or what they’re wearing will unfortunately make an impact on the jury. This is something that a prosecutor can address. Don’t assume that the child has appropriate court attire, or even many clothes to choose from. Try to secure money to provide for some appropriate court clothes, ask if a service provider or victim advocate can accompany the child in picking out clothes that would be suitable. While this is a small thing, it can have a great impact o how the jury perceives your victim. Commercial Sexual Exploitation of Children/Human Trafficking Strategies for Prepping a CSEC Victim Challenge 5: Changes story-gives different answers Strategy 5: It can be frustrating for anyone to be asked the same question over and over. Like most people, CSEC victims can get frustrated with the process, get defensive, or just shut down. CSEC victims will also often think that if you ask a question again, it mans you didn’t like the first answer they gave. They will often change the answer to something that they think you want to hear. Explain to the child that she/he will be asked the same question in multiple different ways. Explain that it doesn’t mean that you think she’s stupid, or that you’re stupid, it’s just the way the system works. Practice asking and answering the same questions with your victim prior to trial so that he/she’s used to the process. Commercial Sexual Exploitation of Children/Human Trafficking Understanding PTSD Post Traumatic Stress Disorder Commercial Sexual Exploitation of Children/Human Trafficking CSEC and PTSD Definition of PTSD 1.The person has been exposed to a traumatic event in which both of the following were present: a) The Person experiences, witnessed, or was confronted with an event or events that involved actual or threatened death or serious injury, or a threat to the physical integrity of self or other. b) The person’s response involved intense fear, helplessness, or horror. Commercial Sexual Exploitation of Children/Human Trafficking CSEC and PTSD Definition of PTSD 2.PTSD can develop in people who have experienced: a) Childhood physical, emotional, or sexual abuse, including prolonged or extreme neglect; also, witnessing such abuse inflicted on another child or an adult. b) Experiencing an event perceived as life-threatening such as: a serious accident Medical complications Violent physical assaults or surviving or witnessing such an even, including torture Adult experiences of sexual assault or rape Warfare, policing and other occupations exposed to violence or disaster Violent life threatening, natural disasters incarceration Commercial Sexual Exploitation of Children/Human Trafficking CSEC and PTSD Symptoms of PTSD Intrusion The traumatic event is re-experienced in: Recurrent, distressing recollections (images, thoughts, perceptions) Recurrent distressing dreams Acting/feeling as if traumatic event were recurring (sense of reliving event, hallucinations, flashback episodes) Intense distress/reactivity to internal/external cues that symbolize or resemble aspect of traumatic event Commercial Sexual Exploitation of Children/Human Trafficking CSEC and PTSD Symptoms of PTSD Hyper-Arousal Persistent symptoms of increased arousal: Difficulty falling or staying asleep Irritability or outbursts of anger Difficulty concentrating Hyper-vigilance Exaggerated startle response Commercial Sexual Exploitation of Children/Human Trafficking CSEC and PTSD Defense Mechanisms & Coping Strategies Dissociation Intense levels of anxiety and fear cause dissociation. Primary Dissociation: in the face of overwhelming threat, thoughts are split from experience. Secondary Dissociation: emotions or affected are not experienced during overwhelming stress. Tertiary Dissociation: stressor is so overwhelming that a “separate self” develops in order to deal with the trauma. Initially an adaptive pattern that can become the only pattern response to fear and stress. Includes feelings of depersonalization and disconnection between memory and affect. The person is “in another world.” Commercial Sexual Exploitation of Children/Human Trafficking CSEC and PTSD Defense Mechanisms & Coping Strategies Trauma Reenactment An attempt to relive, master, come to terms with, make meaning of, and transform traumatic experiences through recreation in literal and symbolic ways. Destructive process of abuse translated into self-destructive behaviors that reflect earlier trauma. Range from adaptive experiences to risk-taking behavior. Driven, tenacious, compulsive, and involuntary. Commercial Sexual Exploitation of Children/Human Trafficking CSEC and PTSD Working Group Instructions Choose 1 or 2 “counseling snapshots” to discuss. What symptoms to PTSD is the child demonstrating? What behaviors of CSEC trauma should the counselor be aware of? How would you work with this child if he/she was in your office. Commercial Sexual Exploitation of Children/Human Trafficking CSEC and PTSD Behaviors and Symptoms Associated with CSEC Trauma Psychological Symptoms Anxiety/fear/paranoia/flashbacks Post traumatic stress disorder (PTSD) Inability to trust, extreme confusion about who to trust Lack of eye contact Somatization (complaining of physical problems that have no physical origin) Unusual interest in or avoidance of all things of a sexual nature Hyper-sexualization Commercial Sexual Exploitation of Children/Human Trafficking CSEC and PTSD Behaviors and Symptoms Associated with CSEC Trauma Psychological Symptoms (continued) Out of control emotions and impulses Difficulty controlling anger Self-destructive behavior (substance abuse, cutting, suicidal) Withdrawal Depression Dropping our of school Commercial Sexual Exploitation of Children/Human Trafficking CSEC and PTSD Behaviors and Symptoms Associated with CSEC Trauma Body Symptoms Digestive system upset Sexual problems, complaints STDs and HIV/AIDS Headache Chronic Pain Heart/lung symptoms Auto-immune disorders Multiple sexual/physical assaults Pregnancies and abortions Commercial Sexual Exploitation of Children/Human Trafficking CSEC and PTSD Behaviors and Symptoms Associated with CSEC Trauma Changed Feelings or Beliefs About Oneself Ineffectiveness Shame Feeling damaged Isolation: “No one can understand me” Excessive guilt and responsibility Minimizing: “I am/it is not important” Loss of reasons to hope or future plan Commercial Sexual Exploitation of Children/Human Trafficking CSEC and PTSD Behaviors and Symptoms Associated with CSEC Trauma Changed Perception of the Perpetrator Distorted beliefs Idealization of the perpetrator Preoccupation with hurting the perpetrator Traumatic bonding with the perpetrator Commercial Sexual Exploitation of Children/Human Trafficking CSEC and PTSD Behaviors and Symptoms Associated with CSEC Trauma Changed Relationships with Others Inability to trust Victimizing others Re-victimization Re-enactment of previous traumas and abuse in relationships Dependency on exploitative relationships Commercial Sexual Exploitation of Children/Human Trafficking Challenges and Barriers to Intervention Commercial Sexual Exploitation of Children/Human Trafficking Inherent in the Nature of CSEC Transient population Underground/illegal activities Intervention poses safety concerns for victim Exploiters make an effort to keep children disconnected from resources and services where intervention could happen Victims are trafficked within and out of state Victims are accustomed to running away Victims and perpetrators can be homeless and hard to track Commercial Sexual Exploitation of Children/Human Trafficking Inherent in the Nature of CSEC (continued) Victim perceives exploiter to be “meeting” his or her needs Money: even if a child is giving away the money they earn, there is still the illusion of getting fast cash Use of internet maintains anonymity Victims are often provided with false identification documents Manipulation and coercion is used by exploiters to recruit and keep children in the commercial sex industry Trauma bonding and brainwashing means victims can be reluctant to prosecute exploiters Violence and threats make victims afraid to come forward Commercial Sexual Exploitation of Children/Human Trafficking Presented by the Child Challenges related to the nature of adolescent development (i.e. impulsive decision making, risk taking behavior, etc.) Mistrust of authority Fear of violence and retaliation from exploiter Fear of losing an intimate relationship with exploiter (through abusive) Fear of going into system, or returning into the system Children lie about name, age and personal information Children minimize abuse and/or effects of the abuse Commercial Sexual Exploitation of Children/Human Trafficking Presented by the Child (continued) Children protect exploiter Children often run away from protective placement “Relapsing”/Will get out of “the life” and go back Lack of self esteem resulting in inability to reach out for help A result of being in an abusive relationship, a victim may be convinced she/he has no abilities or identify outside of it With a history of abuse, the situation can seem normal and not worth reporting CSEC victims often do not present themselves as a victim that wants help or rescuing Commercial Sexual Exploitation of Children/Human Trafficking Systemic Challenges: Lack of specialized services and resources to address CSEC specifically Lack of interagency communication and collaboration Differing approaches and philosophies of agencies Lack of agency wide training and institutionalized knowledge Agencies overburdened with cases and/or clients Criminalization of victims Inconsistent prosecution of johns or exploiters who buy children Lack of appropriate emergency shelter and long-term housing for runaway and homeless children and youth Commercial Sexual Exploitation of Children/Human Trafficking Personal Challenges for Professionals: Belief in myths and stereotypes Belief that children choose to be exploited and can leave when ever they want Response to CSEC or victims triggered by personal history Lack of training No direct personal connection to the issue Lack of understanding of systemic oppression (how issues of racism, poverty, sexism, and homophobia impact children and perpetuate CSEC) Overburdened with job responsibilities Burn-out/lack of professional support Lack of connection to children and youth in general Lack of comfort level with sexual abuse and sexual violence Commercial Sexual Exploitation of Children/Human Trafficking An Amber Alert for “Our Girls” This report signals an Amber Alert* for American girls, (under 18 years of age) who, in large numbers, are being prostituted in their own back yards-and back alleys-yet are uncounted, unseen and denied the resources becoming available to girls brought illegally into this country from abroad. *The AMBER (America’s Missing: Broadcast Emergency Response) plan is a voluntary partnership between law-enforcement agencies and broadcasters to activate an urgent bulletin. Amber Alert, is the most serious child abductions. It was named for 9-year-old Amber Hagerman, who was kidnapped and brutally murdered in Arlington, Texas, in 1996. Commercial Sexual Exploitation of Children/Human Trafficking Prostituted Girls in the U.S. Are Off the Radar The majority of prostituted girls are literally hidden behind closed doors in escort services, massage parlors, dance clubs and other “legal” establishment where sex is bought and sold. They are often abused or rejected by overwhelmed families, unseen by their schools and face contempt from their schoolmates and contemporaries. When arrested, many slip through the adult system overnight with false IDs and/or bail paid by their pimps. Girls held in the juvenile justice system are often returned to abusive home situations, released back on the street or mandated to group homes or facilities which neither recognize nor address their problems. Commercial Sexual Exploitation of Children/Human Trafficking Prostituted Girls in the U.S. Are Off the Radar Youth agencies, therapists, social workers, even foundations, are sometimes reluctant to deal with this population. Ultimately, viewing themselves in the mirrors held up by families, schools and society, the denial, disassociation, shame and low self-worth of girls make them most invisible to themselves. Commercial Sexual Exploitation of Children/Human Trafficking Age of Entry into Prostitution Anecdotal evidence and experience suggest 13 or 14 as the typical age of girls entering “the life.” According to some advocates, that age is “plummeting” to 10 and 11. Special outrage at the prostitution of prepubescent girls is appropriate, but the majority of prostituted girls are in their teens and an overemphasis on this age group runs the risk of diluting attention to the prostitution of older adolescents. Commercial Sexual Exploitation of Children/Human Trafficking Domestic Trafficking A sizeable number of girls are trafficked interstate along well-worn circuits that include the Southwest, (Los Angeles, Las Vegas and Reno), the Pacific Northwest circuit (Hawaii to California), and the Northern and Eastern circuit (New England and new York south to Florida). A center for sports events and conventions, a city like Atlanta is both a good stopover and d popular destination spot for pimps. Eighty percent of prostituted girls in California, according to one service provider, are moved around among different counties and suffer the isolating and disorienting impact as those who are trafficked interstate. Commercial Sexual Exploitation of Children/Human Trafficking Who Are the Girls And Where are They From? From all appearances, the majority of prostituted girls do not see themselves as victims until many years later and only then if they are well out of the life. They often cling to the false belief that they are doing what they want, that their pimp is the only one who can save them, that he will fulfill all his promises and that their lives will change. Commercial Sexual Exploitation of Children/Human Trafficking From Risk to Reality: Childhood Conditioning Early Sexual abuse: A 1994 National Institute of Justice report (Freeman) claims that sexually abused children are 28 times more likely to be arrested for prostitution at some point in their lives than peers who did not suffer abuse. Commercial Sexual Exploitation of Children/Human Trafficking From Risk to Reality: Childhood Conditioning Other Circumstances: Many Other factors contribute to “girls’ vulnerability. Exposed to physical, emotional and verbal abuse, they may be “throwaways,” rejected, abandoned or ejected from their homes. A proliferating sex industry that targets young females, peer pressure, a media bombardment of consumer values and glamorizing of sex and easy money are all powerful lures to girls with no job skills, no guidance and no base of support. Commercial Sexual Exploitation of Children/Human Trafficking In the Name of the Law A girl’s first encounter with the system is usually the police. Once arrested, the vast majority of girls lie about their ages. Passing as over 18 will get them into adult court and the criminal justice system where they will at worst spend a night in jail and, in the morning, be back out into the arms―or hands―of their pimps. Commercial Sexual Exploitation of Children/Human Trafficking There is Another Way―A Way Out! Service Agencies and Advocates If there is a changing environment, much credit goes to the small number of under-funded private non-profit service agencies in a small number of cities. All focus on the needs of exploited girls and women. Services range from court advocacy, harm reduction (providing services without requiring that a girl exit the life), counseling, therapy, job training, and in a very few cases, residential housing.