Advanced Human
Trafficking in the
State of Texas
TCOLE Course #: 3271
Hosted By
MASTER
COPY
Bexar County Constable’s Office PCT#4
Constable Robert M. Blount
ADMINISTRATIVE
• Please complete the BCCO PCT #4
Registration form and turn it in now.
• Make sure you sign TCOLE Report of
Training (PID#, Full Name and DOB).
• All cell phones off please – pay
attention to course materials and show
common respect & courtesy.
ADMINISTRATIVE
• Please complete the BCCO PCT #4
Registration form and turn it in now.
• Make sure you sign TCOLE Report of
Training (PID#, Full Name and DOB).
• All cell phones off please – pay
attention to course materials and show
common respect & courtesy.
About Your Instructor
Course Facilitator Mentor George D. Little
A.S. & B.S. Criminal Justice & Sociology
B.S.CJ Wayland Baptist University, San Antonio
M.S. Criminology & Counter-Terrorism University of the
State of New York
2012 T.C.L.E.O.S.E. Professional Achievement Award
Certified Crime Prevention Specialist (C.C.P.S.)
TCLEOSE Basic Instructor Certificate 1984
TCLEOSE Master Peace Officer 1991
MP Special Operations Operator Counter-Terrorism 1988
Graduate Drug Enforcement Administration Academy 1977
42- years Law Enforcement Experience
39-Years Teaching & Instructor Experience
UNIT ONE
5
LEARNING OBJECTIVES
Learning Objective 1.0: The participant will be
able to
Learning Objective 1.1: The participant will be able
to
Learning Objective 1.2: The participant will be able
to
Learning Objective 1.3: The participant will be able
to
Learning Objective 1.4: The participant will be able
to
6
Video part one
OVERVIEW
Understanding human
trafficking
Identify the stages and elements
of human trafficking
Communicating with victims of
human trafficking
Role of local law enforcement
Non-governmental organization
involvement
8
FREQUENTLY ASKED QUESTIONS
What is human trafficking?
Are there differences between
human trafficking and human
smuggling?
Who are human traffickers?
If I come in contact with a
suspected victim of human
trafficking who should I contact?
9
FREQUENTLY ASKED QUESTIONS
Do victims of human trafficking
need to be physically restrained /
detained?
What are the main elements of
trafficking?
Are there domestic trafficking
victims in the United States?
What type of person is most
commonly victimized?
10
COMMON MYTHS
MYTH:
Human trafficking and smuggling
are the same.
FACT: Smuggling is based on a
consensual agreement between
smuggler and client while
trafficking is a result of fraud, force
or coercion by a suspect on a
victim. Smuggling may become
trafficking.
11
COMMON MYTHS
MYTH:
Traffickers are always strangers.
FACT: Anyone who receives
something of value for the
exploited services can be a
trafficker. This includes parents,
family members, or friends, as
well as unknown persons or
strangers.
12
COMMON MYTHS
MYTH:
Human trafficking
investigations/prosecutions are only
handled by the federal government.
FACT: Human trafficking cases
may be investigated and
prosecuted by the state (PC
20A.02) or at the federal level.
13
COMMON MYTHS
MYTH:
Trafficking victims always seek help to
escape their exploitation.
FACT: Trafficking victims will not
always self-identify or seek help.
They may be too traumatized and
need additional time to reveal their
victimization.
14
COMMON MYTHS
MYTH:
Movement is required for
trafficking to occur.
FACT: Trafficking can occur
without movement. Force,
fraud or coercion are the
necessary elements, not
movement.
15
COMMON MYTHS
MYTH:
All trafficking victims are
immigrants or foreign nationals.
FACT: Trafficking victims can
be U.S. citizens or lawful
residents.
16
COMMON MYTHS
MYTH:
All trafficking victims are
females.
FACT: Anyone can be a
trafficking victim, regardless of
age and gender.
17
COMMON MYTHS
MYTH:
All “prostitutes” are criminals and
are willing participants.
FACT: Persons involved in
prostitution may have been forced
or coerced into providing sexual
services, especially in the case of
minors.
18
DEFINE & PROCESS
Define: Explain the background and
negative impact of racial profiling in law
enforcement profession
Process:
19
UNIT TWO
20
LEARNING OBJECTIVES
Learning Objective 2.0: The participant will be
able to
Learning Objective 2.1: The participant will be able
to
Learning Objective 2.2: The participant will be able
to
Learning Objective 2.3: The participant will be able
to
Learning Objective 2.4: The participant will be able
to
21
21
HUMAN TRAFFICKING DEFINED
The Trafficking Victims Protection
Act (TVPA) defines trafficking as:
a. sex trafficking in which a
commercial sex act is induced by
force, fraud, or coercion, or in
which the person induced to
perform such an act has not
attained 18 years of age;
22
b. the recruitment, harboring,
transportation, provision, or
obtaining of a person for labor or
services, through the use of force,
fraud, or coercion for the purpose
of subjection to involuntary
servitude, peonage, debt
bondage, or slavery..
23
A victim need not be physically
transported from one location to
another in order for the crime to
fall within these definitions.
24
HUMAN TRAFFICKING CONCEPTS
Human trafficking is a form of
modern-day slavery.
Victims of trafficking are
exploited for commercial sex or
labor purposes.
Traffickers use force, fraud, or
coercion to control their victims.
25
Exploitation is a key element to
the crime of human trafficking.
The physical movement of the
victim is not a prerequisite.
26
Trafficking
Crime or violation against a
person
Contains element of coercion
(victim cannot consent to
enslavement)
Subsequent exploitation (forced
labor for debt)
27
Trafficking - Continued
Can occur domestically
Trafficked individuals seen as
victims
28
Smuggling
Crime against the nation’s
sovereignty
No coercion, contact ends after
entry
Fees paid in advance or upon
arrival
Always international in nature
Individuals making illegal entry
are seen as violators
29
SUMMARY
TRAFFICKING VS SMUGGLING
Trafficking
 Crime or violation against a
person
 Contains element of
coercion (victim cannot
consent to enslavement)
Smuggling
 Crime against the nation’s
sovereignty
 No coercion, contact ends
after entry
 Subsequent exploitation
(forced labor for debt)
 Fees paid in advance or
upon arrival
 Can occur domestically
 Always international in
nature
 Trafficked individuals seen
as victims
 Individuals making illegal
entry are seen as violators
30
WHO ARE HUMAN
TRAFFICKERS?
Friends and family members
Organized criminal groups
• local gangs
• drug trafficking organizations
Smugglers
Pimps/madams
31
WHO ARE HUMAN
TRAFFICKERS? Continued
Adult entertainment industry
Massage parlor operators
Labor subcontractors
32
STAGES OF VICTIMIZATION
Vulnerability
• Looking for better life
• Escape current conditions
Recruitment
• Voluntary (fraud)
• Forced (force or coercion)
STAGES OF VICTIMIZATION
Continued
Exploitation (physical and
psychological)
Resolution
• Rescue
• Escape
• Death
34
DEFINE & PROCESS
Define: Explain the background and
negative impact of racial profiling in law
enforcement profession
Process:
35
UNIT THREE
36
LEARNING OBJECTIVES
Learning Objective 3.0: The participant will be
able to
Learning Objective 3.1: The participant will be able
to
Learning Objective 3.2: The participant will be able
to
Learning Objective 3.3: The participant will be able
to
Learning Objective 3.4: The participant will be able
to
37
37
METHODS USED TO CONTROL
VICTIMS
FORCE, FRAUD AND
COERCION are methods used
by traffickers to press victims into
lives of servitude and abuse.
38
FORCE
Beating
Burning
“Seasoning”
Drug
Addiction
Torture
Confinement
Sexual
Assault
Branding or
Tattooing
39
FRAUD
False promises, marriages,
employment
Deceitful enticing and affectionate
behavior, “the boyfriend”
Withholding wages
Misrepresenting working
conditions
Misrepresenting the promise of a
“better life”
40
COERCION
Threats Of Serious Harm Or
Restraint
Intimidation/Humiliation
Emotional Abuse
Control Of Daily Lives And
Brainwashing
41
COERCION – Continued
Threats To Family Members
Deportation Threats
Confiscation Of Documents
42
HOW BIG IS THE PROBLEM?
The International Labor
Organization estimated more
than 2.4 million people are
victims of forced labor as a
result of human trafficking. 1
1
More than half of whom are
women and girls 2
43
HOW BIG IS THE PROBLEM?
Continued
The cost to victims is estimated
at $20.9 billion per year 2
1
International Labor Organization, A Global Alliance Against Forced Labour, A Global Report under the
Follow-up to the ILO Declaration on Fundamental Principles and rights at Work 2005
2
The cost of coercion; REPORT OF THE DIRECTOR-GENERAL; Global Report under the follow-up to the ILO Declaration
on Fundamental Principles and Rights at Work; INTERNATIONAL LABOUR CONFERENCE; 98th Session 2009
44
TEXAS NUMBERS….
Bureau of Justice Administration
human trafficking task forces have
reported (August 2010)
• 456 Texas-based incidences or
investigations
• 133 arrests
• 511 identified victims
• Reports from January 1, 2007 –
August 12, 2010 (Austin, Dallas, Fort
Worth, Houston and San Antonio
45
TEXAS NUMBERS…Cont’d
Innocence Lost Task Forces in
Texas reported the rescue of 109
minor victims in FY 2010 (October
2009-August 2010)
The National Human Trafficking
Resource Center Hotline indicates
12% of calls came from Texas in
2009 (highest % of calls)
46
SEX TRAFFICKING DEFINED
Commercial sex act
induced by force, fraud, or
coercion, or, sex act in
which the person
performing the act is
under the age 18.
47
SEX TRAFFICKING
Prostitution is the most common
form of trafficking in the United
States
May be working in:
• Massage parlors
• Brothels
• Strip clubs
48
SEX TRAFFICKING
Continued
May be working in:
• Escort services
• Bars
• Modeling studios
• Street Corner
49
DOMESTIC MINOR SEX
TRAFFICKING VICTIM
100,000 to 300,000 American
children victimized through the
practice of child prostitution
every year (commercial sexual
exploitation) 1
1
2
30% of shelter youth and 70% of
street youth victimized through
commercial sexual exploitation 2
50
Organizations and agencies
working with domestic minors
involved in prostitution estimate
that 70-80% of the minors they
serve are runaways with a history
of childhood abuse and sexual
abuse 3
1
Prostituted Children in the United States: Identifying and Responding to America’s Trafficked Youth, Serg.1.
Shared Hope International and Onanon Productions. DVD. Washington, D.C.:Shared Hope International
2
Estes, R. & Weiner, N. “Commercial Sexual Exploitation of Children in the U.S., Canada, and Mexico.”
University of Pennsylvania, 2001
3
Heather J. Clawson, Nicole Dutch, Amy Solomon, and Lisa Goldblatt Grace , August 2009
51
LABOR TRAFFICKING
Using force, fraud, or coercion to
recruit,
harbor,
transport,
obtain, or
employ a person for labor or
52
LABOR TRAFFICKING
Continued
Using force, fraud, or coercion to
services in involuntary
servitude,
peonage,
debt bondage, or
slavery.
53
LABOR TRAFFICKING
Labor trafficking may be
separated into three distinct
categories which are used to
exploit victims of human
trafficking.
54
LABOR TRAFFICKING
Continued
1. Bonded Labor
2. Forced Labor
3. Child Labor
55
BONDED LABOR
Labor is demanded as a means of
repayment for a loan or service in
which the terms and conditions
have not been defined or in which
the value of the victim’s services,
as reasonably assessed, is not
applied toward the liquidation of
the debt. The value of their work is
greater than the original sum of
money “borrowed.”
56
BONDED LABOR
Continued
• Migrant farm workers
• Labor camps or
sweatshops
• Domestic servitude
57
FORCED LABOR
Victims are forced to work
against their will, under the
threat of violence or some other
form of punishment, their
freedom is restricted and a
degree of ownership is exerted.
58
FORCED LABOR
continued
• Domestic servitude
• Agricultural labor
• Sweatshop factory labor
• Janitorial services
• Food service
• Magazine sales
• Begging
59
CHILD LABOR
Work likely to be hazardous
to the health and/or physical,
mental, spiritual, moral or
social development of
children and can interfere
with their education.
60
CHILD LABOR – Cont’d:
•Commercial Sex trade
•Forced military service
•Domestic servitude
•Drug trade
•Illegal Arms trade
61
CHILD LABOR – Cont’d:
The International Labor
Organization estimates worldwide
there are 215 million children
between 5 and 17 involved in child
labor.
1
62
CHILD LABOR – Cont’d:
Of those, more than 115 million are
involved in the “unconditional worst
forms of child labor” including debt
bondage, forced recruitment for
armed conflict, prostitution,
pornography, the illegal drug trade,
the illegal arms trade and other illicit
activities around the world. 1
63
1 International Labor Organization Report; The Hague Global Child Labour Conference 2010
WHERE VICTIMS ARE
EXPLOITED
Restaurants
Cantinas/Bars
Nail salons
Massage
parlors
Factories
Escort
services
Private
residences
Sexually
oriented
businesses
64
MARKETING THE
EXPLOITATION
Internet *
Flyers
Personal ads
Marriage
bureaus
Business
cards
Social
Network sites
65
* Internet ads and pages are
continually adapting. Pressures
from citizens, Attorney General’s
and other organizations have
forced some sites to close
“Adult Services” pages.
Traffickers continue to seek
internet sites to cater to their
ads.
66
WHO ARE THE VICTIMS?
“The next prostitute,
exotic dancer,
illegal immigrant,
runaway youth,
domestic servant,
or migrant worker
you encounter or
take into custody
may be a victim of
human trafficking.”
67
UNIT FOUR
68
LEARNING OBJECTIVES
Learning Objective 4.0: The participant will be
able to
Learning Objective 4.1: The participant will be able
to
Learning Objective 4.2: The participant will be able
to
Learning Objective 4.3: The participant will be able
to
Learning Objective 4.4: The participant will be able
to
69
69
DEFINE & PROCESS
Define: Explain the background and
negative impact of racial profiling in law
enforcement profession
Process:
70
WHAT CAN LAW
ENFORCEMENT DO?
Know and Use existing Federal
and State laws to interdict Human
Trafficking
• Trafficking Victims Protection
Act - Federal Law (Title 8 USC
Chap 77 Section 1581 - TVPA
protects both U.S. citizens and
non-citizens)
71
WHAT CAN LAW
ENFORCEMENT DO?
Continued
• Enforcement of Texas Penal
Code-State Laws
Begin building partnerships
Look “Beneath the Surface”
72
TRAFFICKING VICTIMS
PROTECTION ACT (TVPA)
Prior to 2000, there was no
comprehensive federal law to
protect victims of trafficking or to
prosecute traffickers.
TVPA was signed into law
October 2000 and has since been
re-authorized every three years
by Congress. (2003/2005/2008)
73
TRAFFICKING VICTIMS
PROTECTION ACT (TVPA)
Continued
TVPA made human trafficking a
federal crime.
74
TRAFFICKING VICTIMS
PROTECTION ACT (TVPA)
Three key components of TVPA
1. Prevention
 Through public
awareness and
education
75
TRAFFICKING VICTIMS
PROTECTION ACT (TVPA)
Continued
Three key components of TVPA
2. Protection
 Through services and
benefits to help victims
rebuild their lives
3. Prosecution
 Through new law
enforcement tools and
efforts
76
TVPA PERMITS
PROSECUTION..
where non-violent coercion is
used to force victims to work
where victim's service is
compelled by confiscation of
documents
of sex trafficking by removing the
knowledge-of-age requirement in
certain instances involving minors
77
TVPA PROVIDES….
Increases prison terms for all
slavery violations up to 20 years;
adds life imprisonment if it
involves death, kidnapping, or the
sexual abuse of victim
Restitution and/or forfeiture of
assets upon conviction
78
TVPA PROVIDES….Cont’d
Witness protection, legal
immigration status
Access to benefits and services
79
TEXAS PENAL CODE
20A.01. DEFINITIONS. In this
chapter:
(1) "FORCED LABOR OR
SERVICES" means labor or
services, including conduct that
constitutes an offense under
section 43.02, that are performed
or provided by another person
and obtained through an actor’s:
43.02 Prostitution
80
TEXAS PENAL CODE
(A)causing or threatening to cause
bodily injury to the person or
another person or otherwise
causing the person performing
or providing labor or services to
believe that the person or
another person will suffer bodily
injury;
81
TEXAS PENAL CODE
Continued
(B)restraining or threatening to
restrain the person or another
person in a manner described by
Section 20.01(1) or causing the
person performing or providing
labor or services to believe that
the person or another person
will be restrained:
82
(C) knowing, destroying,
concealing, removing, confiscating,
or withholding from the person or
another person, or threatening to
destroy, conceal, remove or
confiscate, or withhold from the
person or another person, the
person actual or purported:
(i) government records;
(ii) identifying information; or
(iii) personal property;
83
TEXAS PENAL CODE
Continued
(D) threatening the person with
abuse of the law or the legal
process in relation to the person
or another person;
84
TEXAS PENAL CODE
Continued
(E) threatening to report the
person or another person to
immigration officials or other law
enforcement officials or otherwise
blackmailing or extorting the
person or another person;
85
TEXAS PENAL CODE
Continued
(F) exerting financial control over
the person or another person by
placing the person or another
person under the actor’s control as
security for a debt to the extent
that:
86
(F) (i) the value of the services
provided by the person or another
person as reasonably assessed is
not applied toward the liquidation
of the debt;
(F) (ii) the duration of the services
provided by the person or another
person is not limited and the
nature of the services provided by
the person or another person is not
defined; or
87
TEXAS PENAL CODE
Continued
(F) (iii) the principal amount of the
debt does not reasonably reflect
the value of the items or services
for which the debt is incurred; or
88
TEXAS PENAL CODE
Continued
(G) using any scheme, plan, or
pattern
intended to cause the
person to believe that the person
or another person will be
subjected to serious harm or
restraint if the person does not
perform or provide the labor or
services.
89
(2) "TRAFFIC" means to
transport, entice, recruit, harbor,
provide, or otherwise obtain
another person by any means.
90
TEXAS PENAL CODE
§ 20A.02. TRAFFICKING OF
PERSONS
(a) A person commits an offense if
the person knowingly:
(1) traffics another person with the
intent or knowledge that the trafficked
person will engage in forced labor or
services; or
91
§ 20A.02. TRAFFICKING OF
PERSONS
(a) (2)benefits from participating in a
venture that involves an activity
described by Subdivision (1),
including by receiving labor or
services the person knows are forced
labor or services.
92
§ 20A.02. TRAFFICKING OF
PERSONS
(b) Except as otherwise provided by
this subsection an offense under this
section is a: FELONY OF THE
SECOND DEGREE
93
TEXAS PENAL CODE 20A.02
An offense under this section is a
FELONY OF THE FIRST DEGREE if:
(1) the applicable conduct
constitutes an offense under
Section 43.05 or 43.25 and the
person who is trafficked is a child
younger than 18 years of age at the
time of the offense; regardless of
94
whether the actor knows the age of
the child at the time the actor
commits the offense; or
(2) the commission of the offense
results in the death of the person
who is trafficked.
43.05 Compelling Prostitution
43.25 Sexual Performance of
a Child
95
TEXAS PENAL CODE
Sec. 43.05 Compelling
Prostitution
(a) A person commits an offense
if the person knowingly:
(1) causes another by force,
threat, or fraud to commit
prostitution; orfirst degree.
96
Sec. 43.05 Compelling
Prostitution
(a) (2) causes by any means a
child younger than 18 years to
commit prostitution, regardless
of whether the actor knows the
age of the child at the time the
actor commits the offense.
(b)An offense under this section
is a felony of the second degree.
97
Sec. 43.05 Compelling
Prostitution
NOTE: 20A.02 provides that
offenses under section (a)(2)
are felonies in the first
degree.
98
OTHER APPLICABLE TEXAS
LAWS
Often traffickers violate other state
laws such as:
• Kidnapping, Unlawful Restraint
PC 20.01
• Murder
• Assault Offenses
• Aggravated Sexual
Assault
PC 19.02
PC 22.01
PC 2.021
99
Often traffickers violate other state
laws such as:
• Sexual Assault
PC 22.11
• Aggravated
PC 20.04
Kidnapping
• Compelling
PC 43.05
Prostitution
• Organized Criminal
PC 71.02
Activity (Brothels)
• Seizure of Assets CCP Chap 59
100
CCP Chapter 59
CCP Art 59.01 (2) Contraband"
means property of any nature,
including real, personal, tangible,
or intangible, that is:
(A) used in the commission of:
(i) any first or second degree
felony under the Penal Code
101
CCP Chapter 59
CCP Art. 59.02. FORFEITURE OF
CONTRABAND. (a) Property that
is contraband is subject to
seizure and forfeiture under this
chapter.
102
DEFINE & PROCESS
Define: Explain the background and
negative impact of racial profiling in law
enforcement profession
Process:
104
UNIT FIVE
105
LEARNING OBJECTIVES
Learning Objective 5.0: The participant will be
able to
Learning Objective 5.1: The participant will be able
to
Learning Objective 5.2: The participant will be able
to
Learning Objective 5.3: The participant will be able
to
Learning Objective 5.4: The participant will be able
to
106
106
VISUAL INDICATORS
Restrictions of movement
Building security
Living conditions
Living/working in same place
Smuggling or other debt owed to
employers
Working conditions; no safety
equipment
107
CLUES TO LOOK FOR
Control; lack ability to move
freely or leave job
Signs of physical abuse
Intense fear / depression
Branding / tattooing
Drug addiction
108
CLUES TO LOOK FOR
Continued
Don’t speak the local language
Control of a workers
documents
Recent arrival from a
source/transit country
109
SEPERATING TRAFFICKER
FROM VICTIM
Who is best dressed?
Who has clean shoes?
Who is holding or has control of
identification documents?
SEPERATING TRAFFICKER
FROM VICTIM – Cont’d
Who looks most confident?
Who aggressively attempts to
provide language interpretation?
Who will look you in the face as
you talk to them?
111
TRAFFICKING VICTIM
MENTALITY
May not identify themselves as
victims
May initially lie or use
rehearsed stories
May change story over time
May exhibit “Stockholm
Syndrome” and show empathy
for traffickers
112
TRAFFICKING VICTIM
MENTALITY – Cont’d
May be behaviorally dependent
on trafficker
May not want family to know of
his/her circumstances
May exhibit “Stockholm
Syndrome” and show empathy
for traffickers
113
TRAFFICKING VICTIM
MENTALITY
May not speak English
May have cultural or religious
background that deter them
from telling full story
May be reluctant to speak to
someone wearing a gun, badge,
or uniform
114
TRAFFICKING VICTIM
MENTALITY – Cont’d
May be culturally conditioned to
fear government employees
May be fearful for their families'
safety in home country
115
UNDERSTAND DOMESTIC
VICTIMS MAY ….
lie about their age and use false
identification
not fit stereotype of a victim
(juvenile delinquent, child
prostitute, at-risk youth, or
runaway)
think of trafficker as “boyfriend”
and be reluctant to provide
information
UNDERSTAND DOMESTIC
VICTIMS MAY …. Cont’d
be involved in juvenile gang
activity
have been trafficked by a family
member
be a runaway or reported as a
missing child
have been abused/sexually
abused at home
117
MINDSET OF
TRAFFICKING VICTIMS
 Their current situation may still be better than
where they came from
 May be unaware of their rights or have been
misled
 Often blame themselves for their situations
 Have a loyalty to the trafficker
118
MINDSET OF
TRAFFICKING VICTIMS
Distrust outsiders, especially
law enforcement and fear
deportation or arrest
Do not speak English and lack
cultural knowledge
Fearful for safety of families left
behind
119
WHO ARE THE VICTIMS?
Men, Women, and Children
Domestic – U.S. Citizens and
Residents within the United
States
International – Foreign Nationals
Across International Borders
Desperate, vulnerable, and
impoverished Persons
120
DEFINE & PROCESS
Define: Explain the background and
negative impact of racial profiling in law
enforcement profession
Process:
121
UNIT SIX
122
LEARNING OBJECTIVES
Learning Objective 6.0: The participant will be
able to
Learning Objective 6.1: The participant will be able
to
Learning Objective 6.2: The participant will be able
to
Learning Objective 6.3: The participant will be able
to
Learning Objective 6.4: The participant will be able
to
123
123
COMMUNICATION BARRIERS
Fear of
deportation
The TVPA
authorizes
special visas and
other forms of
immigration
relief to certain
trafficking
victims.
124
Fear of
reunification
with abusive
family
Services/placem
ent elsewhere
will be
investigated.
Does not
identify as a
victim
You are a victim,
not a criminal.
What is happening
to you is wrong.
125
Distrust of
law
enforcement
Unaware of
rights
We can help get
you what you
need. We can
protect you.
You can trust
us.
You have rights.
You have the
right to live
without being
abused.
126
VICTIM INTERVIEW
CONSIDERATIONS
Look for comfortable space with
no physical barriers
Depending on policy, do not
videotape or audiotape initial
conversation
Prepare questions prior to your
interview
127
VICTIM INTERVIEW
CONSIDERATIONS – Cont’d
Use informal conversation
Consider using a children’s
advocacy center for
interviewing minors
128
VICTIM INTERVIEW
CONSIDERATIONS – Cont’d
Do not make promises you
cannot keep
Keep note taking to a minimum
Allow victim to set length and
pace, be patient
Watch for body language cues
129
QUESTIONING BENEATH
THE SURFACE
How did you get here?
Do you know where you are?
Where do you live, eat and
sleep?
Do you owe a debt or money?
Who controls your legal or
travel documents?
130
QUESTIONING BENEATH
THE SURFACE – Cont’d
Who controls your legal or
travel documents?
Were you threatened if you tried
to leave?
Who makes your travel
arraignments?
Are you ever left alone?
131
QUESTIONING BENEATH
THE SURFACE – Cont’d
Has your family been threatened?
Were you physically abused?
Were you ever forced to stay in
one place?
Who are you afraid of?
QUESTIONING BENEATH
THE SURFACE – Cont’d
How many people do you live
with?
What were you told to say to the
police or immigration?
Who paid for their travel?
133
INVESTIGATIVE TOOLS
Take statement as soon as
possible
Take photos of victim & any
tattoos (branding)
Identify & capture any social
network (internet)
used to traffic the victim &
archive the pages
INVESTIGATIVE TOOLS
Continued
Determine who is paying for
rooms used by
victim
Take all cell phones for phone
numbers and find out who is
paying the bill
Get sexual assault exam, if
possible, for commercial sex
trafficking
135
IMMEDIATE NEEDS
Clothing
Food
• Possibly malnourished
Housing
• Safe and secure
• Culturally and linguistically
appropriate
• Age and gender appropriate
136
IMMEDIATE NEEDS – Cont’d
What exists
• Emergency shelters
• Homeless shelters
• Youth shelters
• Domestic violence shelters
• Hotel vouchers
• Good Samaritans
137
VICTIM SUPPORT
Additional basic needs
medical, safety and security,
language interpretation and
legal services
Mental health assistance
Counseling
138
VICTIM SUPPORT – Cont’d
Income assistance
Cash, living assistance
Legal status
T visa, immigration,
certification, guardianship
issues
139
LAW ENFORCEMENT
COLLABORATION
Human Trafficking cases are
complex and can quickly
overwhelm a single agencies
ability to:
• Respond
• Investigate / Prosecute
• Support victims
LAW ENFORCEMENT
COLLABORATION – Cont’d
Cooperation between Local,
State and Federal Law
Enforcement is essential
Community and NGO support
for victims should occur at the
onset
141
DEFINE & PROCESS
Define: Explain the background and
negative impact of racial profiling in law
enforcement profession
Process:
142
UNIT SEVEN
143
LEARNING OBJECTIVES
Learning Objective 7.0: The participant will be
able to
Learning Objective 7.1: The participant will be able
to
Learning Objective 7.2: The participant will be able
to
Learning Objective 7.3: The participant will be able
to
Learning Objective 7.4: The participant will be able
to
144
144
HT CASE 1 SUMMARY
Overview
AG CID investigators were assisting TABC on a bar
check and discovered indicators of ongoing prostitution.
Subjects were interviewed and 1 said she had been
kidnapped from Mexico and forced to prostitute in the
bar. She was 14 yoa when abducted and had a 14 mth
old child; trafficker suspected of being the father. In all
20 beds on wood frames were located in 2 building
adjoining the bar in a fenced area. Ten women in the
bar were interviewed, 1 had documents.
Interviews revealed victim was not able to leave, did not
have possession of child during day and did not have
any documents. The victim needed a interpreter for the
interview. Victim compelled to work to see child.
HT CASE 1 SUMMARY
Indicators and Response
HT Indicators:
• No personal possessions in work space
• Poor working conditions (20 beds in small space)
• Did not speak English
• Working inside fenced area w/ limited access points
• No documents for 9 of the 10 girls contacted
Initial Actions:
Got interpreter for interviews. Outside agencies
contacted for support (ICE & DA). NGO support
contacted once needs identified. Charges filed for
underlying violations (Compelling Prostitution / Assault/FV). Plans
made for investigation of Trafficking in Persons charges.
HT CASE 2 SUMMARY
Overview
OAG North Tex. HTTF received case as a victim outcry.
The victim escaped, along with her 3 children after being
held captive for over 3 months.
The victims were smuggled into the US via Juarez. Once
in the US the smugglers demanded more money making
the victim call her family in Mexico. The family couldn’t pay
& the victims were placed into forced labor at a house in El
Paso. While at the residence, the victim & her daughter
were forced to keep the house clean & were not paid for
the work. The victim & her daughter were threatened if
they told anyone about their situation. They escaped & are
living in El Paso.
Two suspects were identified & charged with Trafficking of
Persons. Both are suspected of being back in Mexico.
Warrants are outstanding for their arrest.
HT CASE 2 SUMMARY
Indicators and Response
Initial Contact:
Victim escape & outcry. Case demonstrates common tactics used by
smugglers; case begins as smuggling then turns to extortion then into
trafficking (forced labor).
HT Indicators:
•Forced to work without compensation
Forced Labor vs. Bonded Labor
No contract or notification of paying off a debt by working for
any form of wages. Labor performed without compensation
•Threats of death
•No documents
•Limited contact with anyone outside of traffickers
Initial Actions:
Interview of the victims & verification by follow up investigation resulted
in case being filed & suspects being indicted.
Trafficking
Corridors follow
the state &
interstate
highways
system. Human
traffickers are
subject to the
same discovery
probabilities as
the narcotics
traffickers if the
officer is aware
of the possible
human
trafficking
indicators and
know what
questions to
ask.
DEFINE & PROCESS
Define: Explain the background and
negative impact of racial profiling in law
enforcement profession
Process:
151
UNIT EIGHT
152
LEARNING OBJECTIVES
Learning Objective 8.0: The participant will be
able to
Learning Objective 8.1: The participant will be able
to
Learning Objective 8.2: The participant will be able
to
Learning Objective 8.3: The participant will be able
to
Learning Objective 8.4: The participant will be able
to
153
153
WHAT ARE NGO’S
NGO’s are Non-Governmental
Organizations that want to assist
the victims through collaboration
with law enforcement.
Examples:
Red Cross
Salvation Army
Polaris Project (DHHS Funded)
154
NGO’s Examples – Cont’d:
Religious organizations
Shared Hope International
National Center for Missing
and Exploited Children
Freedom Network
155
WHY WORK WITH NGO’S?
NGO’s and victim advocates can
play a vital role in victim
interviews.
Conveying a sense of safety and
trust to emancipated victims is
critical.
156
WHY WORK WITH NGO’S?
Continued
Successful investigation,
prosecution and victim
rehabilitation requires
collaboration between law
enforcement and nongovernmental organizations
157
WORKING WITH NGO’S
NGO’s have limits, lots of
them.
NGO’s need information about
clients.
NGO’s have safety concerns.
NGO’s have different expertise
than you.
158
WORKING WITH NGO’S
Continued
NGO’s generally work in teams.
NGO’s need the trust of law
enforcement and governmental
agencies and vice versa.
NGO’s priorities may differ from
those of law enforcement.
159
NGO/VICTIM SAFETY
ISSUES
Why Conduct a safety screening?
Concern for
• Victim
• Family in country of origin
160
NGO/VICTIM SAFETY
ISSUES – Cont’d
Why Conduct a safety screening?
Considerations
• Arrest of trafficker
• Organized crime ties
161
NGO HEALTH CAPABILITES
Screen victim immediately for
injury and illness
Victims may have basic medical
needs
• General physical
• Documentation of injuries and
scars
162
NGO HEALTH CAPABILITES – Cont’d
Victims may have basic medical
needs
• Tuberculosis test
• STD/HIV screening
• Pap smear
• Nutrition assessment
• Dental exam/cleaning
• Eye test
163
NGO staff and Law Enforcement
Officers should maintain
REGULAR VACCINATIONS
164
NGO HEALTH
CONSIDERATIONS
Post-traumatic stress
symptoms
Depression
Anxiety disorder
Other
• Rape trauma syndrome
• Suicidal thoughts
165
NGO HEALTH
CONSIDERATIONS – Cont’d
Other – Cont’d
• Paranoia
• Spiritual disruption
• Fatalism and rage
• Drug addiction
166
DEFINE & PROCESS
Define: Explain the background and
negative impact of racial profiling in law
enforcement profession
Process:
167
UNIT NINE
168
LEARNING OBJECTIVES
Learning Objective 9.0: The participant will be
able to
Learning Objective 9.1: The participant will be able
to
Learning Objective 9.2: The participant will be able
to
Learning Objective 9.3: The participant will be able
to
Learning Objective 9.4: The participant will be able
to
169
169
NGO VICTIM RESOURCES
Proactive development of local /
regional NGO partnerships is
essential for immediate victim
response needs.
170
NGO VICTIM RESOURCES
Continued
Possible local/regional resource
avenues:
211 System (Statewide 24/7
phone lines)
Local Charities and / or
Churches
United Way
Salvation Army
171
NATIONAL VICTIM RESOURCES
National Human Trafficking
Resource Center (24 hours) will
assist in connecting victims to
services they may be eligible to
receive. (Polaris Project
sponsored by DHHS) 1-888-3737888
172
NATIONAL VICTIM RESOURCES
Continued
National Center for Missing
and Exploited Children (NCMEC)
Family Service Liaison
1-800THE-LOST (1-800-843-5678)
www.missingkids.com/missingkid
s/servlet/PageServlet?LanguageC
ountry=en_US&PageId=4203
(website address for Resources
for Child Victims of Prostitution)
173
NATIONAL VICTIM RESOURCES
Continued
For more information on
human trafficking visit the
Department of Health and Human
Services.
www.acf.hhs.gov/trafficking
174
DEFINE & PROCESS
Define: Explain the background and
negative impact of racial profiling in law
enforcement profession
Process:
175
UNIT TEN
176
LEARNING OBJECTIVES
Learning Objective 10.0: The participant will be
able to
Learning Objective 10.1: The participant will be able
to
Learning Objective 10.2: The participant will be able
to
Learning Objective 10.3: The participant will be able
to
Learning Objective 10.4: The participant will be able
to
177
177
YOUR ROLE AS LAW
ENFORCEMENT
Call the Department of
Homeland Security /
Immigration and Customs
Enforcement for investigative
assistance such as checking
immigration status (24 hours).
802-872-6020
178
YOUR ROLE AS LAW
ENFORCEMENT – Cont’d
Language Line (pay for service:
.68 -.74 per minute)
Texas Account Manager – Tom
Costello
877-735-9770
179
YOUR ROLE AS LAW
ENFORCEMENT
Keep doing what you’re doing.
Take a closer look and look
beneath the surface.
Help build and prosecute crimes
at state and federal levels.
Cooperate with prosecuting
attorneys, social services, and
federal authorities.
180
181
ATTORNEY GENERAL’S HUMAN
TRAFFICKING INVESTIGATORS
Dave Torsiello
Investigator – North Texas
512-936-1963
dave.torsiello@oag.state.tx.us
Paul Hall
Lieutenant - Austin
512-936-0568
paul.hall@oag.state.tx.us
Jeff Ortiz
Investigator – Austin
512-936-1796
jeff.ortiz@oag.state.tx.us
John Schneemann
Auditor / Investigator – Austin
(512) 936-1463
john.schneemann@oag.state.tx.us
Jesus Venegas
Investigator – Houston
281-372-5848
jesus.venegas@oag.state.tx.us
Tracy Weems
Trainer / Investigator – Austin
512-936-0555
tracy.weems@oag.state.tx.us
182
DEFINE & PROCESS
Define: Explain the background and
negative impact of racial profiling in law
enforcement profession
Process:
183
Questions?
SOURCES
All Course
Sources
and/or
Resources
are listed
in your
Participant
Handout
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ATTENTION
TAKE A 15-MINUTE BREAK
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