DOMESTIC CHILD SEX TRAFFICKING

1. DOMESTIC CHILD SEX TRAFFICKING FLORIDA COALITION FOR CHILDREN 2019 Annual Conference JUDGE JOHN ROMERO President National Council of Juvenile and Family Court Judges

2. Learning Objectives As a result of this session, you will be better able to • Identify victims and children at risk of domestic child sex trafficking • Explore how child welfare and juvenile justice involvement may contribute to the vulnerability and sexual exploitation of children • Distinguish the types and severity of trauma that child victims of trafficking experience • Exercise leadership within the court and community to improve outcomes for trafficked and exploited children.

3. What Is Human Trafficking? • Human trafficking includes both sex trafficking and labortrafficking • Human trafficking is one of the fastest growing criminal enterprises in the world and is estimated to be a $32 billion dollar industry • Currently, there are approximately 30 million people enslaved throughout the world with 3 million located right here in the United States • Many of these victims are lured with false promises of financial or emotional security; instead, they are forced or coerced into commercial sex (prostitution), domestic servitude, or other types of forced labor

4. What Is Domestic Child Sex Trafficking? • Domestic child sex trafficking (DCST), is the commercial sexual exploitation of American youth within the United States • “Domestic” typically refers to victims that are U.S. citizens or lawful permanent residents • Under federal law, domestic child sex trafficking occurs any time a minor under the age of 18 is induced to perform a commercial sex act

5. What Is Domestic Child Sex Trafficking? – cont’d • Under federal law, “commercial sex act” is defined as sex exchanged “for anything of value” • Can include sex in exchange for basic necessities, e.g. food, clothing, shelter, etc. (“survival sex”) • DCST is notlimited to exploitation through prostitution • Can include exploitation through strip clubs, child pornography, phone sex, erotic massage, etc.

6. Common Terms for DCST • Domestic child sex trafficking is sometimes also referred to as: • child or juvenile prostitution, • teen or underage “sex work,” • “survival sex,” • commercial sexual exploitation of children (CSEC), • domestic minor sex trafficking (DMST).

7. Common myths and misconceptions • U.S. born children are not trafficked, only foreign born kids are • It’s not child abuse if the child consents • Only girls are trafficked • Some trafficking victims like to have sex or are promiscuous • All pimps are black males • Victims could escape if they wanted to • Victims self-identify as trafficked • A victim can make a lot of money selling herself for sex • Teens make the choice to sell themselves

8. Hidden in plain sight Children who are at risk for, or are victims of, domestic child sex trafficking or sexual exploitation commonly move through juvenile justice and child welfare systems unidentified . . . ENTRY INTO SYSTEMS: fraud, shoplifting, loitering, prostitution, maltreatment, battery, truancy, running away from home, curfew violation . . . . . . . . .but not readily identifiable as a sexually exploited or trafficked child!

9. Prevalence and Incidence • Sex trafficking has been described as “the largest slave trade in history” and as the fastest growing form of modern day slavery • As many as 300,000 school-age children are at risk for sexual exploitation each year in the United States. • One in four girls and one in six boys will be sexually assaulted by the age of 18 • Up to 90% of child victims are under the control of a pimp

10. Prevalence and Incidence – cont’d • Approximately one in seven youth online (10 to 17 years-old) received a sexual solicitation or approach over the Internet • Estimated 199,000 instances of sexual exploitation of minors in the United States annually • More than 700 minors arrested on prostitution charges annually

11. DCST Can Happen to Any Child • Human trafficking victims have been identified in cities, suburbs, and rural areas in all 50 states, Washington, D.C., and even Guam • Can be any age, ethnicity, race, religion, socio-economic class, gender, and sexual orientation • No consistent type or profile of a trafficking victim, howeverthere are common vulnerabilities that are disproportionately present in trafficked populations

12. DCST Can Happen to Any Child - cont’d • Trafficking can involve school-age children, particularly those made vulnerable by unstable family situations, or who have little or no social support • The average age a child is recruited into the commercial sex trade is between 11 and 14 years old • Traffickers may target young victims through social media websites, telephone chat-lines, after school programs, on the streets, at shopping malls or in clubs • Children who are already involved with the traffickers may be used to recruit other victims

13. GENDER The vast majority ofidentifiedtrafficking victims in the U.S. are women and girls… • But boys are trafficked too, and under reporting is highly likely • Boys often seen as willing participants or exploiters, not as victims • Males face powerful gender and social barriers to disclosure

14. LGBTQI Youth LGBTQI= Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex • LGBTQI and gender non-confirming youth are particularly vulnerable to trafficking • Estimates indicate that between 40 - 50% of exploited males were thrown out of their homes because of sexual orientation or gender identity • Gay and transgender victims are over-represented among sexually exploited males

15. Race and Ethnicity • Victims of DCST aredisproportionatelygirls of color • In King County, WA, 52% of all child sex trafficking victims are Black, though Black people only comprise 7% of the general population • In Multnomah County, OR, Black people comprise less than 6% of the population but represent 27% of child sex trafficking victims, approximately 95% of which are female. • In Alameda County, CA, 66% of child sex trafficking survivors identified as Black girls, though Black people are less than 11%of the population.

16. Race and Ethnicity– cont’d • Native American and Latina girls are also disproportionately affected. • In South Dakota, Native American women and girls represent 40% of sex trafficking victims, though Native Americans are only 8% of population. • Another study in Anchorage, found that 33% of the women arrested for prostitution were Alaska Native, but Alaska Natives make up only 7.9% of the population.

17. What Makes a Child Vulnerable to DCST? • COMMUNITY RISK FACTORS • COURT LEVEL FACTORS • INDIVIDUAL and FAMILY LEVEL RISK FACTORS

18. COMMUNITY RISK FACTORS • Lack of training or education at the system level • Populations with disproportionate rates of abuse • Large transient male populations • Geographic/economic isolation • Presence of adult sex industry

19. Court Level Factors • Court involvement, whether dependency or delinquency • Courts that : • do not understand the victim-defendant paradigm • do not understand the impact of victimization and the importance of being trauma-informed • lack the capacity to identify trafficking victims • have limited strategies to respond to trafficking victims • lack understanding of the nexus between foster care placement and trafficking

20. Individual & Family Level Risk Factors Sexual Orientation Age Compromised Education Development or Learning Disability Involvement in Gangs Child welfare involvement • History of Abuse and Violence • Intimate Partner Violence • Poly-victimization • Family Conflict, Disruption and Dysfunction • Runaway/Homeless Youth

21. Child Welfare Involvement • While much more research is needed, current data suggests that the majority of trafficked youth in the US are child-welfare involved (anywhere from 55-97%). • Multiple placements and placements in group homes increase risk. Any amount of out-of-home placement doubles the chance of a girl engaging in offending behavior

22. Child Welfare Involvement – cont’d • In 2013, 60% of DCST victims recovered during a nationwide raid from over 70 cities were children from foster care or group homes. • 2013 NY study - 85% of victims reported experience with the dependency system. • 2016 LA County report - 80% of commercially sexually exploited girls in the STAR Court Program had prior contact with the Los Angeles County Department of Children and Family Services • 2018 FL DCF Human Trafficking Report for SFY 2013-14 to SFY 2017-18 indicated a 147% increase in reports to the Florida Abuse Hotline for human trafficking maltreatments

23. Risks Posed by Involvement in the Child Welfare System • Youth in the child welfare system often have risk factors present at multiple levels (community, court, individual & family) simultaneously. • Maltreatment including sexual and physical abuse • “Structural Trauma” • Removal from and/or loss of parents • Lack of contact with parents/family • Multiple transitions in schools, placements.

24. Risks Posed by Involvement in the Child Welfare System - cont’d • Lack of contact with birth parents and family • Turbulence stemming from multiple transitions in school, at home, and with peers and caretakers. • Impact of institutional care • Poverty • The same family dynamics and risk factors that put children at higher risk for child welfare involvement also put them at continued risk for trafficking once in the system

25. Public Law (P.L. 113-183) • The Preventing Sex Trafficking and Strengthening Families Act, Public Law (P.L. 113-183) became law on September 29, 2014. • The law amends the Title IV-E foster care program to address sex trafficking and other issues . . . • Title IV-E agencies must have policies and procedures (including caseworker training) to identify, document, and determine appropriate services for . . . any child or youth in the placement, care or supervision of the title IV-E agency who is at-risk of becoming a sex trafficking victim or who is a sex trafficking victim . . .

26. Preventing Sex Trafficking and Strengthening Families Act – cont’d Requires: • Title IV-E agencies to report immediately (no later than 24 hours) to law enforcement children or youth . . . who the agency identifies as being a sex trafficking victim. • Title IV-E agencies to have protocols in place to: • locate children missing from foster care, • determine the factors that lead to the child’s being absent from foster care and to the extent possible address those factors in subsequent placements, • determine the child’s experiences while absent from care, including whether the child is a sex trafficking victim.

27. Preventing Sex Trafficking and Strengthening Families Act – cont’d IV-E agencies must implement protocols to report children or youth . . . no later than 24 hours after receiving information on missing or abducted children to law enforcement for entry into the National Crime Information Center (NCIC) database. [NCMEC, too]

28. How Trauma Affects Engagement of DCST-Involved Youth in Court • Trauma can affect all aspects of behavior, from decision-making to communication to focus. • Identifying children who have experienced trauma, as well as the severity and manifestations of that trauma, is a necessary component of engagement. • Bias can interfere with judicial engagement - there is no “perfect” victim that is immediately grateful to be saved or is soft/open/gentle, etc.

29. Common Post-traumatic Symptoms in Trafficking Victims • Difficulties controlling emotions/impulse control. (i.e., child is impulsive and doesn’t think through his or her actions) • Sudden outbursts of anger or self-mutilation (i.e., child is angry and out-of-control, engages in self-harm) • Difficulties concentrating (i.e., child isn’t motivated to complete schoolwork, is apathetic) • Alterations in consciousness (dissociation) which can be perceived as increased risk taking (Child uses alcohol or drugs, or is always high).

30. BEHAVIOR REST OF THE STORY Segment 3- Trauma-Informed Justice Systems

31. Viewing Courtroom Behavior Through a Trauma Lens • Behavioral responses to trauma often resemble the common delinquent behaviors seen in youth referred to the justice system. • Trauma may manifest differently in children of different ages, developmental stages, or gender. • Difficultly identifying post-traumatic symptoms or reactions can prevent referrals for screening, services, and treatment for trauma.

32. Viewing Courtroom Behavior Through a Trauma Lens - cont’d • Minimization, denial, and memory loss (all symptoms of psychological trauma) can make it extremely difficult to elicit consistent information. • Understand that what may appear on the outside as rude, aggressive behavior, may be a manifestation of severe trauma. • Victims may have had prior negative experiences with adults entrusted to care for them and may be afraid or distrustful as a result.

33. Trauma Bonds • He’s not my abuser, he’s my boyfriend. • Traumatic Bonding – Dysfunctional attachment to exploiter occurring in the context of abuse. • Trauma bonds = Survival mechanism.

34. Trauma in Girls • Overwhelming majority of girls in the juvenile justice system have histories of sexual or physical abuse. • 73% nationally; 93% in Oregon; 81% in South Carolina • Even though girls are only 10% of the population in state run juvenile facilities, they are 26% of the victims of sexual victimization. • The rate of sexual abuse among justice-involved girls is four times higher than boys.

35. Talking with Kids Who Don’t Want to Talk: Engaging DCST Victims in The Courtroom

36. Tips for Engagement • Be real and be upfront • Be consistent and transparent • Go slowly; respect the process of building relationships • Expect testing • Use youth-friendly language and mirror (appropriate) language used by youth when asking questions about the youth’s story

37. Things to Avoid • Never accuse, ask, or suggest that youth is engaging in prostitution directly or indirectly. • Eg: I want you to talk to someone who can get you out of prostituting/the life. • Never ask questions that will shame the youth and don’t let anyone else, including parents, shame her/him. • Eg: What were you thinking? I just can’t believe you did that?

38. Tips - cont’d • Be impeccable with your words. • Avoid sarcasm or put downs of anyone. • Accept that you don’t have the “whole story” and probably never will. • Celebrate the small successes, all of them!

39. Judges are in a Unique Position • Increase training and education for the identification of at-risk and exploited youth in the court system • Promote educational efforts about trafficking within a community • Stimulate community and systems collaboration and participation to create or enhance services for victims

40. Legislative initiatives • Oppose criminalization of victims of child sexual exploitation • Support state laws and policies • that provide necessary protection for victims • penalties for buyers and traffickers • Develop non-detention triage facilities • Provide for specialized, trauma focused placement options for victims of human trafficking

41. COLLABORATION • Juvenile Court Judges can convene local stakeholders • Together, stakeholder groups may pool resources and help identify appropriate services for survivors • Collaboration enhances problem-solving options • Develop demand reduction strategies

42. Local stakeholders . . . Juvenile Justice stakeholders Education advocates Homeless advocates Mental health/behavioral health providers Medical professionals Peer mentors • SURVIVORS • Law Enforcement • Prosecutors • Child welfare • Defense attorneys • Guardians ad litem • Tribal officials

43. SURVIVORS’ LEADERSHIP • SURVIVORS: • Competent leaders of the fight against human trafficking • Indispensable participants • Must be appropriately compensated for their time and expertise “Survivors are the experts in their own life – we are not. Their input should be given dignity and respect rather than being tokens at the table.”

44. The Importance of Collaboration and Coordination • Victims need access to a variety of services that one system alone may not be able to provide. • No one sector of the juvenile system can respond effectively to DCST. • Judicial supervision and coordination is essential.

45. “Get of the bench and into the community to strengthen our opportunities and obligations.” (BoulwareEurie, 2017)

46. WE CAN BE . . . stronger together!