Human Trafficking

advertisement
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
Download