Presentation Transcript

1. Understanding and Managing Sex Trafficking Victims

   Rachel Miller Yasser, AUSA, USAO Maryland Daniel Dickey, AA County PD, FBI TFO Susan Ritter, HSI Victim Specialist
2. It takes a Village. Investigators Prosecutors Victim-Witness Specialists State Agencies NGOs Advocates Family support THESE CASES RISE AND FALL WITH OUR VICTIMS. We need to (try to) UNDERSTAND and SUPPORT them.
3. Understanding Your VictimPrimary Victim Populations: Foreign Nationals & U.S. Children Often homeless and/or run away youth As many as 2.8 million children live on the streets Youth with history of abuse Lured with promises of love and provision Age is the greatest vulnerability Do not trust “system” Documented and undocumented Often poor, unemployed and desperate Lured by promises of better life Unaware of rights Fearful of law enforcement Controlled outside of US Strong cultural component may exist
4. Understanding Your Victim:Indicators for Domestic Minor Sex Trafficking* History of emotional, sexual, or other physical abuse Physical abuse Sexually transmitted diseases Chronic Runaway Homelessness Inexplicable appearance of expensive gifts, clothing, or other costly items Presence of an older boy‐/girlfriend Tattoo or branding marks Masking charges such as curfew violations, truancy, or other status offenses Drug addiction Withdrawal or lack of interest in previous activities Gang involvement *National Center for Missing & Exploited Children; Shared Hope International
5. Understanding Your Victim: Domestic Minor Sex Trafficking Any child under the age of 18 involved in commercial sex is a sex trafficking victim by law, no force, fraud or coercion required Average age of entry into prostitution in US is 12-14 years old Girls are misidentified and often criminalized instead of identified as sex trafficking victims Need to replace term “child prostitute” with “sex trafficking victim”, “prostituted child” Pimps = traffickers Pimps use powerful methods of control and coercion (manuals for sale at Amazon.com)
6. Knowing What You Are Up Against: Trafficker’s Methods (examples) Physical and sexual abuse Threats against victim and or victim’s family Captivity and confinement, restrict contact with outside world Seize or destroy travel documents Prevent trafficked person from earning enough to pay off debt, keep adding charges to debt Drug or alcohol dependency Make victim think he/she will be arrested and imprisoned if leaves the situation Psychological abuse and manipulation including tactics to create dependency Use shame and self-blame against victim
7. Traffickers Can Be… Organized criminal groups Family members Neighbors, friends, boyfriends, acquaintances Business owners Labor contractors Recruiting companies
8. Stages of Support Initial Encounter Interview Medical Exam Follow Up Interview(s) (maybe) Grand Jury (maybe) Investigation Phase Prosecution Process Trial Post-trial MAINTAINING CONTACT THROUGHOUT is KEY.
9. Initial Encounter: Victims of Trafficking & Their Unique Needs Immediate assistance SAFETY FIRST, Housing, food, medical (SAFE exam), language interpretation, child care issues And shortly thereafter…. Mental health assistance Counseling Income assistance Cash, living assistance Legal status T visa, immigration, certification Keeping them available for trial
10. SAFE Exam Connect with SAFE program ahead of time. Have LE provide background to examiner. Orient victim to the interview/exam. Explain Jane Doe option. Encourage SAFE Exam regardless of story. Mercy Hospital
11. Assistance for HT Victims CPS and DUCS Federal and state victim advocates/specialists NGO’s through MHTTF CP and immigration benefits Gaps in services
12. The Interview:Basic Principles Non-custodial setting is best. Respect- give to get. Tell her she is a victim, not a criminal. Build trust by backing up any promises you make. Video record so you can focus on listening.
13. The Interview: Understand Your Victim’s Language What she says What she means “The Game”/ “The Life” = Prostitution world “Turn out”/ “Put to Work” = To be trafficked for the first time “Pimp” = Trafficker who sets the prices, collects $, exercises control over those trafficked “Gorilla Pimp” = Especially tortuous pimp “Bottom” or “Bottom Bitch” = First in command under the pimp “Girls”/ “Stable” = Trafficking victims or a group of trafficked persons “Date” / “Trick” / “Chump” = Buyer of commercial sex “Bad date” = A buyer that is violent, rapes or drugs “In calls” v. “Out Calls” = A date in a pimp’s residence or hotel v. a date that is in the buyer’s residence or hotel “Track”/ “Runway” / “Blade” = Where buyers go to purchase commercial sex “Skip parties” = Parties where gang members and non-members (tricks) rape and drug “girls” “Quota” = Nightly amount “girls” have to bring back
14. The Interview:Start with a Snapshot. Get a Snapshot of Victim’s life when she met pimp. Living Situation. Problems at home? School? Runaway? Victim of abuse-- sexual, physical, or mental? Drug or alcohol dependency? Mental health issues? What did pimp offer her that was appealing? Security, money, love?
15. The Interview: From A to Z Arrangement: $$$ Advertisements? Show Ad, have her write on it, identify who took, where, clothes, who wrote text, phone number, who posted What did he Buy her/pay for/promise her Did they Communicate prior to her leaving home? How? Coercion and enticement Chronology: leaving home to present day Hotel Rooms: who had Key, who checked in, $$ Did she have the opportunity to Leave pimp? If so, why not? MO
16. The Interview: A to Z, cont… How did pimp know how much she Made? Call after? Online communications/text? Have Sex with pimp? When? How often? Where? Pictures: who took, are these the only ones, where taken? Any naked or in sex acts? Prior sexual activity Violence? Threats? Weapons? Drugs?
17. The Interview:A is for AGE -Highly likely she never told him -ID- real or fake? -what did she discuss about home life? Siblings? School? Friends? -Online- did she ever show pimp FB page? Email? -Clothing: HS clothing? Church? Anything indicative of her age -Picture of her at scene
18. A Word About Follow Ups Talk to Prosecutor FIRST. Only if absolutely necessary Jenks avoidance. Cover new topics only. Review all prior reports in advance. Agent consistency is critical.
19. Investigation = Victim Corrob. CONSENT CALLS SWs: hotel rooms, homes, cars, computers, Facebook/Myspace accounts, email. Seize EVERYTHING Seize PHONES incident to arrest Subpoena BACKPAGE.com Follow the MONEY. HOTEL Records from other hotels where stayed. TRAVEL documents. Take victim’s PERSONAL EFFECTS: Clothes, wigs, makeup, shoes Other ideas: mail covers, pole cams, trash pulls, pen registers, Title III wiretaps VICTIM CORROBORATION = Plea or Effective Trial Testimony!
20. The Trial:Calling Your Victim as a Witness Key Challenges: Empowering the Victim Protecting the Victim
21. The Trial: Empower Your Victim Before trial: Prepare, Prepare, Prepare Trip to Courtroom Explain rules Commend her, again and again On the stand: Guide her testimony through use of physical evidence and photos Use the victim to educate the jury on the rules of “the game” *At every stage, have someone she feels safe with there (victim advocate, sister, an agent…).
22. The Trial: Protect Your Victim 18 U.S.C. § 3509 (Child victims’ and child witness’ rights) § 3509(a)(6) (explicitly includes child victims of or witnesses to prostitution) § 3509(b) (alternatives to live in-court testimony- 2-way closed circuit, videotaped deposition) § 3509(d) (privacy protections) § 3509(e) (closing the courtroom) § 3509 (i) (adult attendant during testimony) F.R.E. 412 (Relevance of alleged victim’s past sexual behavior or alleged sexual predisposition) Md. Rape Shield Law: Crim. Law § 3-319 Evidence relating to victim’s chastity, abstinence, or opinion evidence relating to above inadmissible in sexual abuse of minor or vulnerable adult cases Specific instances only admissible if: past sexual conduct with defendant specific instance of sexual trauma showing source of semen, pregnancy, disease, or trauma supports motive to lie, or impeachment Closed hearing must first be held to determine admissibility of evidence
23. Case Study: “D.V.”
24. Questions?
25. MD Human Trafficking Task Force Sub-Committees Law Enforcement – Rachel Yasser, U.S. Attorney’s Office – 410-209-4800; David Snyder, H.S.I - 410-962-8182; Lt. John Wilhelm, MSP – 410-953-8260 Victim Services – Melissa Snow, Turnaround – 410-377-8111 or 410-837-7000 Public Awareness/Outreach – Lisa Carrasco – 443-415-7501 Legislative – Nancy Winston, Shared Hope International – 443-994-7607 Training- Michael D’Angelo, H.S.I. 443-803-7821