Human Trafficking Class Session Two Graded Assignments • Please document your references if they are outside of the three textbooks • Make sure to quote something if you take it directly from a source and reference it • Make sure you make reference to which textbook or video your examples come from • Proofread—read out loud to yourself Discussion Forum • Respond to what I ask/write, etc. in Tigernet in the discussion forum Other Items • Countries for the final project • Groups for public awareness project • Field Trip Identifying Victims of Human Trafficking • Frontline health providers, social workers, stewardesses, airline workers, etc.play important role identifying and helping trafficking victims • While trafficking is largely hidden social problem, many victims are in plain sight if you know what to look for . • Very few places where someone from outside has opportunity to interact with victim. Identifying Victims of Human Trafficking • Handouts • Is potential victim accompanied by another person who seems controlling? • Does person accompanying potential victim insist on giving information to you? • Can you see or detect any physical abuse? • Does potential victim seem submissive or fearful? • Does potential victim have difficulty communicating because of language or cultural barriers? • Does potential victim have any identification? • Is potential victim suffering from common health problems experienced by trafficking victims? Global Response • The United Nations and NGO’s around the world are trying to combat Human Trafficking • The Trafficking Protocol was adopted by the United Nations in Palermo, Italy in 2000 • This Protocol was an international legal agreement attached to the United Nations Convention against Transnational Organized Crime • The Protocol focused on Prevent, Suppress and Punish Trafficking in Person, Especially Women and Children • There is also a Watch List for countries around the world to see if they are in compliance http://en.wikipedia.org/wiki/Human_trafficking http://www.iast.net/thefacts.htm Countries around the world broken up into Tiers for Human Trafficking TIER 1 Countries whose governments fully comply with the Trafficking Victims Protection Act’s (TVPA) minimum standards TIER 2 Countries whose governments do not fully comply with the TVPA’s minimum standards, but are making significant efforts to bring themselves into compliance with those standards TIER 2 WATCH LIST Countries whose governments do not fully comply with the TVPA’s minimum standards, but are making significant efforts to bring themselves into compliance with those standards, AND: a) the absolute number of victims of severe forms of trafficking is very significant or is significantly increasing; b) there is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year; or, c) the determination that a country is making significant efforts to bring themselves into compliance with minimum standards was based on commitments by the country to take additional future steps over the next year TIER 3 Countries whose governments do not fully comply with the minimum standards and are not making significant efforts to do so Let’s look at the 2011: http://www.state.gov/g/tip/rls/tiprpt/2011/164 228.htm United States Response to Human Trafficking • In addition to participating with the United Nations efforts, the United States is/has done things within own boarders • The U.S. complies Trafficking Persons Report yearly • U.S. Department of State has an office—The Office To Monitor and Combat Trafficking in Persons (TIP) • There are many organizations in the U.S. fighting all realms of human trafficking U.S. Government Response “Combating human trafficking requires a comprehensive, multidisciplinary effort. Within government, this means the participation and coordination among agencies with a range of responsibilities that include criminal enforcement, labor enforcement, victim outreach and services, public awareness, education, trade policy, international development and programs, immigration, intelligence, and diplomacy. Coordinated efforts are essential to an integrated response to human trafficking that leverages resources and amplifies results. It is challenging to coordinate such a massive effort, yet a critical and worthwhile endeavor that can yield incredible success and progress. For this reason the United States advocates that other foreign governments undertake interagency coordination efforts.” The Office To Monitor and Combat Trafficking in Persons • http://link.brightcove.com/services/player/bc pid1705667530?bctid=694516618001 • http://www.state.gov/g/tip/ • Federal Sex Trafficking Cases in the United States 2000-2008 Trafficking Victims Protection Act of 2000 (TVPA) Areas of Focus: • Prevention – Public awareness and education • Protection – T visa, certification, benefits and services • Prosecution – Created Federal crime of trafficking, new law enforcement tools and efforts Trafficking Victims Protection Act (TVPA) • “to ensure just and effective punishment of the traffickers, and to protect their victims” • T-visa TVPA: How Law Protects Victims • Enables trafficking victims to obtain medical care, witness protection, other types of social service assistance • Enables victims to obtain legal immigration status • Criminalizes trafficking • Permits prosecution where victim's service compelled by confiscation of documents • Increases prison terms for all slavery violations from 10 years to 20 years; adds life imprisonment for death, kidnapping or sexual abuse of victim Kentucky’s Response • Created own law in 2007 • KY Rescue and Restore • http://www.rescueandrestoreky.org/ KY Human Trafficking Law (2007) • Human Trafficking (KRS 529.010) : refers to criminal activity whereby one (1) or more persons are subjected to engaging in: (a) forced labor or services; or (b) Commercial sexual activity through the use of force, fraud, or coercion, except that if the trafficked person is under the age of (18) eighteen, the commercial sexual activity need not involve force, fraud or coercion • Crime of Human Trafficking (KRS 529.100): A person is guilty of human trafficking when the person intentionally subjects one (1) or more persons to human trafficking KY Human Trafficking Law (2007) • Promotion of Human Trafficking (KRS 529.110): A person is guilty of promoting human trafficking when the person intentionally: (a) Benefits financially or receives anything of value from knowing participation in human trafficking; or (b) Recruits, entices, harbors, transports, provides or obtains by any other means, or attempts to recruit, entice, harbor, transport, provide, or obtain by any means, another person knowing that the person will be subject to human trafficking • Labor (KRS 529.010): work of economic or financial value • Services (KRS 529.010): an on-going relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor • Commercial Sexual Activity (KRS 529.010): means prostitution in the production of obscene material, or engaging in a sexually explicit performance. Action Means Purpose Recruits Force: causing serious harm or physical restrains. Commercial Sex Act or Harbors Fraud: Includes false and deceptive offers of employment, marriage, better life Labor Services Transports or Moving Coercion: threats of serious harm or physical restraint against, a person or another. Example: family members Involuntary Servitude Obtaining (or so attempts) Maintaining a person Debt Bondage **Remove column if victim is a child** Slavery Kentucky Case Data Since June 2008, 59 cases of human trafficking have been identified in various areas of Kentucky and 123 victims have been served by the KY Rescue and Restore Program. 51% are sex trafficking 44% are labor trafficking 5% have elements of both sex and labor trafficking 17% men 83% women 27% children, 73% adults 39% U.S. citizens 61% foreign nationals Cases have been identified and referred by rape crisis centers, domestic violence shelters, ER’s, psychiatric facilities, health departments, law enforcement, etc. Of the cases identified the victims have come from 13 different countries representing most areas of the world Since the law became effective in 2007, there have been 9 known indictments and 2 charges on state level human trafficking charges. There have been no federal indictments to date. http://www.polarisproject.org/state-map 13% 20% 9% 2% 4% 11% 41% 6% 17% 6% 17% 11% 21% 22% Local Cases Calvin Walker • Lexington, KY • Lured two women from Arkansas to Lexington • Forced them to work at a strip club then took their money: kept infant child • Kept them from leaving • 1 HT Indictment: Dismissed Local Cases Bobby Jo Perry II and Ernestine Perry • Kenton Co, KY – Dec 2009 • A convicted child molester who allegedly sold the boy (age 11) he sodomized to another pedophile • Boy also sexually abused by both Bobby Jo and Ernestine • HT charges recently amended down Pedophile Set For Trial on Human Trafficking Charges Bobby Jo Perry II is a convicted pedophile and is accused of human trafficking in KY. (Kenton County, WKRC-TV) Updated: 10/12 4:14 pm A convicted child molester who allegedly sold the boy he sodomized to another accused pedophile will go on trial in January on human trafficking charges. The charges against 39 year old Bobby Jo Perry II of Elsmere are the first of their kind for Northern Kentucky and perhaps the entire state of Kentucky. Assistant Commonwealth's Attorney Stephanie Kastner claims Perry accepted money from 42 year old Antonio Presswood in exchange for allowing that man to also sodomize the boy, who is now 16 years old. Presswood is charged with first-degree sodomy... it's not clear when his trial will begin. Perry abused the boy from 2006 to 2009. The abuse began just before the child's 12th birthday. On Wednesday, a jury found Perry guilty of sodomy and he faces up to 50 years in prison on that charge when he is sentenced November 8th. His human trafficking trial will begin on January 19th and he could be sentenced to an additional 10 years in prison if he's found guilty. Kenton County Commonwealth Attorney Rob Sanders says Kentucky's human trafficking law is just three years old. Perry and Presswood allegedly met while incarcerated in the Kenton County jail on unrelated charges. Local Cases James Curtsinger & Rhonda Brown • Hodgenville, KY – Dec 2010 • Brown was a foster parent to a 15 year old girl • Sold girl to Curtsinger • 2 Human Trafficking Indictments • Charges recently amended down Local Cases Javier Julio Arce and Cristina Mier Arce • Elizabethtown, KY - June 2009 • Bolivian cardiologist and ex-wife, had Bolivian woman as domestic servant • Paid less than $20,000 for 18 years of work. Worked in home as nanny/housekeeper, and cleaned doctor’s office • Passport was taken away, victim was threatened • Lies about money direct deposited in bank account by couple • Victim treated as HT victim, but no HT charges Local Cases Anthony Hart & Kathy Hart • Madison Co (Berea, Richmond) • Selling two daughters (ages 13 and 14) to men for sex acts • Identified by teacher at local cinema • Initially charged with “unlawful transaction with minor under 14” • Grand Jury brought human trafficking charges • Currently awaiting trial Local Cases Justin Ritter and Rebecca Goodwin • Louisville, KY - August 2011 • Alleged perpetrators were being investigated for heroine • Undercover police offered 17 year old girl for sex for $75 in parking lot of Louisville area strip club • Girl given heroine and other drugs. Sold on other occasions, according to victim • 2 HT charges in addition to other drug charges, unlawful transaction, and promoting prostitution Residential Latino Brothels are believed to be in at least 25 states in the country, including Kentucky Latino Residential Brothels (LRBs) • Similar indicators as other brothels/massage parlors • All Spanish speaking: clients, victims, and organizers • May be located in apartments, trailers, or private homes on farms or in residential communities • May see a connection to smuggling activities • Often advertised by word of mouth through use of “tarjetas” / business cards advertising, in Spanish, various phony products or services such as: – – – – – – Men’s cologne House-call manicures/massages Tacos or burritos for delivery / 24 hours/day Housekeeping / cleaning service Laundry service Fast food Card may have only name of business and phone number requiring a phone call to get the address. The caller may be screened for Spanish proficiency, accent, where they got the information, etc. before being given the location Symbols may indicate specifics of operations. For example, wings may indicate that they will bring the girls/women to other locations Cards are often handed out at check-cashing businesses/ethnic grocery stores, during busy times such as on a Friday afternoon. Common Myths • Handout • Let’s discuss these common myths… Setting the stage • • • • Population boom Economic growth Globalization Corruption Sex trafficking • Sex trafficking is a modern-day form of slavery 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 under the age of 18 years. • The average age of entry into the commercial sex industry in the U.S. is between 12 to 14 years old. Sex Trafficking (Polaris Project) • Sex trafficking occurs when people are forced or coerced into the commercial sex trade against their will. • Sex traffickers frequently target vulnerable people with histories of abuse and then use violence, threats, lies, false promises, debt bondage, or other forms of control and manipulation keep victims involved in the sex industry. • Sex trafficking exists within the broader commercial sex trade, often at much larger rates than most people realize or understand. • Sex trafficking has been found in a wide variety of venues of the overall sex industry, including residential brothels, hostess clubs, online escort services, brothels disguised as massage parlors, strip clubs, and street prostitution. Sex Trafficking: Commercial sex act induced by force, fraud or coercion, or in which person performing the act is under age 18. Victims can be found working in massage parlors, brothels, strip clubs, escort services Activity • Divide into four groups • Each group take a handout describing various modes or networks of sex trafficking • Detail the following: – Key factors of this mode – People effected – Structure/how operate • Come up with a plan to stop this mode – Where in the structure could you begin to take away the need – How could you build awareness of the truth to this Groups • Let’s get into our groups for our public awareness campaign • Here is a handout to help get your brain thinking about what to do… Domestic Minor Sex Trafficking Defined By Federal Law • Domestic minor sex trafficking occurs when a U.S. citizen or legal permanent resident who has not attained 18 years of age is engaged in a commercial sex act.2 • “Commercial sex act” means any sex act on account of which anything of value is given to or received by any person. This includes: - Prostitution - Exotic dancing/stripping - Pornography 2 This definition is from the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2005 42 Domestic Minor Sex Trafficking in the U.S. • According to Ernie Allen, Executive Director of the National Center for Missing and Exploited Children (NCMEC), data shows 100,000 to 293,000 children have become sexual commodities. • Nationally 450,000 children run away from home each year. 1 out of every 3 teens on the street will be lured toward prostitution within 48 hours of leaving home. Statistically, this means at least 150,000 children lured into prostitution each year.3 • 12 is the average age of entry into pornography and prostitution in the U.S.4 3 NISMART (National Incidence Studies of Missing, Abducted, Runaway and Throwaway Children) 4 From U.S. Department of Justice Child Exploitation and Obscenity Section www.usdoj.gov/criminal/ceos/prostitution.html 43 Case Study: Domestic Minor Sex Trafficking in Nevada • Nevada has become a hotspot for domestic minor sex trafficking.5 • 181 cases of juvenile prostitution were brought before Hon. William O. Voy between 8/24/05-12/31/06. • 69 cases were trafficked within Nevada; 112 were trafficked from out-of-state. • Ages ranged from 12 to 17 years old. • 181 cases before ONE judge in ONE court in ONE state. 5 2004 USDOJ Annual Report 44 45 Domestic Minor Sex Trafficking Victims • Any minor engaged in commercial sex acts is a victim of sex trafficking. • As victims of a violent crime, the Federal Trafficking Victims Protection Act (TVPA 2000) allows trafficking victims to be protected rather than punished, even if they participated in illegal activities, such as prostitution. • “I never met a juvenile in prostitution who didn’t have a pimp.” – Sharon Marcus-Kurn, Assistant U.S. Attorney for the District of Columbia 46 Who are the victims of domestic minor sex trafficking? • • • • • Youth of any ethnicity, race, or religion Youth of any socio-economic class Female, male, and transgender youth Youth of all ages, including teenagers Vulnerable youth 47 Who are especially vulnerable to domestic minor sex trafficking? • Youth with histories of abuse – 59% of minors arrested for prostitution in Las Vegas from 1994 to 2005 had been victims of sexual assault and/or familial molestation.6 – 74% had run away from home prior to arrest.7 – WestCare Nevada treated 46 minors involved in prostitution from 2004-2005; 45 of them had a history of physical and/or sexual abuse. 6,7 From Las Vegas Metro Police STOP Program, Las Vegas. 2005. 48 Who are especially vulnerable to domestic minor sex trafficking? • Homeless, runaway or “throwaway” youth - As many as 2.8 million children live on the streets, a third of whom are lured into prostitution within 48 hours of leaving home.8 • Youth within the foster care system & child protective services - Over 500,000 children in the U.S. currently reside in some form of foster care.9 8 From The National Runaway Switchboard 9 From The American Academy of Child and Adolescent Psychiatry 49 Case Study: Rhonda, Sex Trafficking Victim • “I have a history of sexual abuse, a long history of it… The first time that it happened it was from my mother’s boyfriend. I remember his name was Phillip. He was going into the room with me and my sister ‘to read bedtime stories’. And my mother was unaware of what was going on. And it happened for a long time, a long time. The second time was while we were going to court for the first one. My mother had a friend who was a sheriff…and while we were going through the court process for the molestation charges for Phillip, Ken took me and my sister to his cabin in Lake Tahoe and he sexually abused me there.” 50 Case Studies: Toledo and Kansas City • Toledo: A pimp tricked two cousins, 14 and 15, into his car, kidnapped them, and forced them into prostitution. He gave them clothes and fake IDs, and monitored them as they performed sex acts in Toledo hotels. He prevented their escape by beating one girl when the other would misbehave. The girls were rescued in a sting operation and the pimp and his accomplices arrested. 10 • Kansas City: Two 13-year-old girls and their 15-year-old sister ran away from home in Kansas City, MO. They were recruited by a pimp who sold them in exchange for food, clothing and shelter. The pimp kept 100% of the money the girls earned from performing sex acts and never provided them with condoms. He was arrested during an undercover police operation and brought to justice by the Kansas City human trafficking task force. 11 10 From The Toledo Blade. 2006-01-09. 11 From The Kansas City Star. 2006-06-24. Page: B1 51 Why is it hard to identify domestic minor sex trafficking victims? • Physically and/or psychologically controlled by pimps • Trained by pimps to tell lies and false stories • Victims’ distrust of service providers & law enforcement • Frequently moved from place to place • Technology can help disguise the real age of the victim • Easy to obtain fake I.D.s 52