Human Trafficking Human Trafficking – or “The ladies saw hell's slavery pit.” --Rick Casey Laura Blackburn & Ann Herbage League of Women Voters of the Houston Area 1 Human Trafficking Defining Human Trafficking Human trafficking is modern day slavery. It involves force; fraud; or coercion to provide labor, services, or commercial sex acts against their will. 2 Human Trafficking HUMAN TRAFFICKING DOES NOT • necessarily mean movement or transportation but rather • the buying and selling of people. 3 Human Trafficking SMUGGLING • The person smuggled is cooperating. • There is no actual or implied coercion. 4 Human Trafficking HOW PREVALENT IS IT? Today, trafficking of humans is believed to occur on every continent, and it’s believed that more people are enslaved now than in any other time in human history. (Bales, 1999.) 5 Human Trafficking WHY? • BECAUSE it is a $9 to $32 billion dollar industry. – Human trafficking is illegal in every country but it is happening in every country. – Cases have been investigated in 48 states in the U.S. – It is the second largest criminal industry in the world today and the fastest growing. 6 Human Trafficking HOW MANY PEOPLE ARE INVOLVED INTERNATIONALLY? • 12.3 million people are in forced labor, bonded labor, forced child labor, sexual servitude and involuntary servitude. (International Labor Organization). • Some estimates are as high as 27 million. (U.S. Department of State, 2006, 2007) Approximately 14,500 - 17,500 individuals are trafficked annually into the United States. (Trafficking In Persons Report, 2009) 7 Human Trafficking Why Is Trafficking So Prevalent? • • • • • Economics. Political instability. Culture. Consumer demand. Victims seem invisible. 8 Human Trafficking WHO IS TRAFFICKED? • Women and children. • Men. • Both domestic and international. • For labor & sex. 9 Human Trafficking Why People Are Trafficked • Prostitution Exotic dancing Agricultural work • • Landscape work Domestic work and • child care (domestic • • servitude) • • Factory work • • • • • • Personal sexual exploitation Begging/street peddling Restaurant work Construction work Carnival work Hotel housekeeping Criminal activities Day labor 10 Human Trafficking Victim Issues to Consider May not understand that they are victims. May fear for their own and/or their family’s safety. Likely to lie or use a rehearsed story initially. May be behaviorally dependent on trafficker. May feel shame in telling their story and what they have been through. 11 Human Trafficking Domestic Victims of Human Trafficking • Domestic victims are U.S. citizens or legal permanent residents. • Most domestic victims are children exploited for the commercial sex industry. • Estimated 199,000 incidents of sexual exploitation of minors occur each year in the U.S. (Estes & Weiner, 2001.) 12 Human Trafficking Domestic Trafficking – Continued • The typical age of entry into prostitution is age 12. (National Center for Missing & Exploited Children.) • May be younger. • 1 out of every 3 teens on the street will be lured into prostitution within 48 hours of leaving home. (National Incidence Studies of Missing, Abducted, Runaway, and Throwaway Children.) 13 Human Trafficking Trafficking in and through Texas • Texas is hub of the U.S. trafficking • Houston is the hub of the hub. – – – – Major airport. Major port. Near the border with Mexico. 20 percent of U.S. trafficking occurs on I-10 between El Paso and Houston. 14 Human Trafficking Scope of the Problem 15 15 Human Trafficking Prosecuting Trafficking Cases – A Look at the Legal Tools 16 Human Trafficking INTERNATIONAL LAW • UNITED NATIONS – 1948 – Declaration of Human Rights prohibited slavery and servitude. – 2000 – Convention Against Transnational Organized Crime. 17 Human Trafficking INTERNATIONAL LAW -First protocol – Palermo Protocol: –Against trafficking in persons. –First global legally binding definition of human trafficking. –U.S. signed in December 2000. –Ratified in November 2005. 18 Human Trafficking Federal Law – 13th Amendment to the Constitution (1865) “…neither slavery nor involuntary servitude (except as punishment for a duly convicted crime) shall exist within the United States or any place subject to their jurisdiction….” 19 Human Trafficking Federal Law – Trafficking Victims Protection Act (TVPA) (continued) • TVPA of 2000, Pub. Law 106-386 – Prevention • Economic assistance for vulnerable populations, micro lending funding for NGOs and international public education programs and mandates U.S. State Department's annual TIP report. 20 Human Trafficking TVPA -– Protection and Victims Assistance • Victims assistance programs and decriminalization of victims. – Prosecution • Increase in sentence ranges, distinct crime for passport confiscation, defined coercion as physical and psychological. 21 Human Trafficking The TVPA Is a Victim-centered Law • Trafficking victims, even if they are in the U.S. illegally, are to be viewed as victims of crime. • Programs are created to assist victims, including immigration remedies. 22 Human Trafficking TVPA-Benefits afforded refugees are given to human trafficking victims willing to assist in the prosecution of their traffickers. 23 Human Trafficking Federal Human Trafficking - Offenses 24 Human Trafficking State Law – Trafficking of Persons • Texas Penal Code, Section 20A.02 (Passed in 2003—just after Washington State) – A person commits this offense if: • The person knowingly trafficks another person ... 25 Human Trafficking State Law -- (continued) … with the intent that the trafficked person engage in forced labor or services; conduct that constitutes an offense under Chapter 43 (public indecency/prostitution). 26 Human Trafficking State Law – (continued) – Trafficking of persons is a felony of the second degree; it is raised to a first degree felony if: • the person who is trafficked is younger than 14 years of age at the time of the offense. 27 Human Trafficking Identifying Trafficking Cases International 28 Human Trafficking Trafficking Hot Spots • Places of prostitution – brothels – spas – bars and cantinas – strip clubs – residences 29 Human Trafficking Mi Cabaña Sports Bar El Cuco Restaurant El Huetamo Night Club 30 Human Trafficking Trafficking Hot Spots (continued) • Labor camps and sweatshops: – Security intended to keep victims confined. – Only allowed to shop at “company store.” 31 Human Trafficking Potential Trafficking Indicators • Living/working conditions of victim: – live on or near work premises. – restricted or controlled communication. – frequently moved by traffickers. – large number in a living space. 32 Human Trafficking 33 Human Trafficking Potential Trafficking Indicators (continued) • Victims may lack – personal items or possessions. – knowledge about how to get around in a community. 34 Human Trafficking Potential Trafficking Indicators (continued) • Personal and physical indicators: – injuries from beatings or weapons. – signs of torture (e.g., cigarette burns). – brands or scarring indicating ownership. – signs of malnourishment. 35 Human Trafficking Potential Trafficking Indicators (continued) • Behaviors of potential victims: – signs of emotional distress or trauma. – Averted gaze. – Cowering. 36 Human Trafficking Identifying Trafficking Cases Domestic Minor Sex Trafficking 37 Human Trafficking Domestic Minor Sex Trafficking (DMST) 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. 38 Human Trafficking DOMESTIC MINOR SEX TRAFFICKING-• “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 or stripping - pornography. 39 Human Trafficking Victims 40 Human Trafficking Who Are the Victims of DMST? • • • • • 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. • Victims do not “just happen” – they are MADE 41 Human Trafficking Path to Victimization What is the main reason a child enters into prostitution? Love, Affection, and Attention 42 Human Trafficking Why Is It Hard to Identify DMST Victims? • Victims do not self-identify. • Victims are physically and/or psychologically controlled by pimps. • Victims are trained by pimps to tell lies and false stories. 43 Human Trafficking • The only close social and emotional tie victims have is with the trafficker or pimp. • Victims distrust service providers and law enforcement. • Victims are frequently moved from place to place. • Technology can help disguise the real age of the victim. • It is easy to obtain fake I.D.s 44 Human Trafficking The Pimp: Methods of Control and Coercion • Masters of the art of seduction. • Able to identify the vulnerabilities of a specific child and exploit them. • Use torture tactics to control their victims after seduction, which – leads to complete obedience and a breakdown of personal autonomy. – includes both physical and psychological torture. 45 Human Trafficking When Excuses Do Not Work • • • • Beatings Verbal abuse Humiliations Threats to harm victim’s children, parents, or other family members • Restriction of movement (other than workrelated). 46 Human Trafficking Future For the Victim • Victims have a limited useful life: – Poor physical health; disease, infection, or injury; emotional collapse; addiction St. Petersburg, FL Police Department 47 Human Trafficking Future For the Victim • Victims are also murdered. Tiffany Mason , San Francisco, murdered by “john” at age 15 (August 2001) 48 Human Trafficking LAW ENFORCEMENT IN HOUSTON • There are 2 Federal task forces: – Houston Trafficking Rescue Alliance (HTRA). – Houston Innocence Lost Task Force (HILTF). 49 Human Trafficking Houston Trafficking Rescue Alliance • Members: 1.U.S Attorney’s Office. 2. ICE. 3. FBI. 4. U.S. Department of State Diplomatic Security. 5. U.S. Coast Guard. 50 Human Trafficking HTRA - Continued 6. Texas Attorney General’s Office. 7. Harris County District Attorney’s Office. 8. Harris County Sheriff’s Office. 9. IRS. 10.U.S. Department of Health & Human Services. 11.Customs & Border Protection. 12.U.S. Department of Labor Inspector General and Wage & Hour Division. 51 Human Trafficking HTRA - Continued 13. Houston Police Department. 14.Texas Alcohol & Beverage Commission. 15. Texas Department of Public Safety. NGO’s 16. YMCA International. 17. Catholic Charities. 18. Houston Rescue & Restore Coalition. 52 Human Trafficking Whom They Work With: • HTRA – International trafficking of adults & minors. – Adult & minor domestic labor. HILTF – Adult and children domestic sex trafficking. 53 Human Trafficking LOCAL EFFORTS: • Harris County Sheriff’s Department – 5 deputies for HTRA. Houston Police Department – 4 officers for HILTF. – 4 FBI agents. 54 Human Trafficking Harris County Attorney files cases under nuisance laws. can prosecute and close down owners of cantinas, brothels, massage parlors, etc. does not prevent “business” from opening afresh down the street. closed down 18 facilities (in 2 years). can only file civil cases. 55 Human Trafficking Harris County DA’s Office • Not called often. • 3 cases in 3 years. • Note that sheriff’s and police office are working with federal officials. 56 Human Trafficking U.S. Attorney Cases: • Rescued 177 victims. • Investigated more than 67 cases. • Charged 37 defendants federally in 15 indictments. • Charged 9 defendants under state law in 2 cases. • Task force formed in 2004. • Task force considered one of the 3 top task forces in the country. 57 Human Trafficking What Can Be Done? • • • • • • Involve the public. Become knowledgeable. Train all law enforcement personnel. Bring state law up to standards of federal law. Greater enforcement. Provide “safe houses” for minors. 58 Human Trafficking From this… In the early hours of July 17, 2005, she was arrested in a Houston brothel, after sexually servicing more than 20 males. 59 Human Trafficking To this…. A year later, defendants were prosecuted. The victim was restored and reunited with her mother. 60 Human Trafficking To report human trafficking: National Human Trafficking Resource Center Hotline 1-888 -3737-888 61 Human Trafficking For more information: www.lwvhouston.org 62