3/1/2012. Federal Law on Human Trafficking. Massachusetts Law for Human Trafficking. Human Trafficking Sergeant Detective Donna Gavin Boston Police

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1 Human Trafficking Sergeant Detective Donna Gavin Boston Police Federal Law on Human Trafficking As defined by the "Victims of Trafficking and Violence Protection Act of (TVPA): Recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of: commercial sex act by force, fraud, or coercion, or when person is under 18 years of age (it s not necessary to show force, fraud or coercion); labor or services, through force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. Massachusetts Law for Human Trafficking An act relative to the commercial exploitation of people: - Creates the crime of trafficking of persons for sexual servitude with penalty of no more than 20 years in prison creates crime of forced labor with penalty of no more than 15 years 1

2 Massachusetts Law for Human Trafficking - Imposes higher penalties and fines for adults that commercially or sexually exploit children under 18 years of age - Mandatory sentence of 2½ to 5 years with a $2500 fine - Imposes minimum mandatory sentences for 2 nd offenses, 5 years plus $10,000 fine - Allows for forfeiture of funds to be paid as restitution to victims Massachusetts Law for Human Trafficking Creates Interagency Task Force led by Attorney General Martha Coakley, to study policy, coordinate sharing of data, identify services and facilities, develop strategies, t etc. Business entities that commit trafficking can be fined up to $1,000,000 Massachusetts Law for Human Trafficking - Imposes higher penalties for johns, the buyers of sex to address demand - Creates Safe Harbor Law presumption children under 18 are victims and provides services for these children - Creates law against organ trafficking 2

3 BPD HTU Partners Law Enforcement and Coalition Task Force * Federal, local and state law enforcement * Governmental and Nongovernmental Organizations Mass Task Force to Combat Human Trafficking 25 Partner Agencies: a Collaboration between Law Enforcement and Non-Governmental Organizations Investigate and provide services for victims of Sex and Labor Trafficking Involving victims both Domestic and International including children and adults Innocence Lost Task Force (ILTF) 2003 the FBI, DOJ, and NCMEC launched the ILTF Nationally 38 Task Forces exist 928 rescues and 559 pimps/madams have been charged Charges have resulted in large jail sentences and seizure of assets 3

4 SEEN Coalition Multi-disciplinary response for Commercial Sexual Exploitation of Children Goals: Empower child/teen victims Ensure victim physical, psychological safety Ensure victim access to resources and services Enforce offender accountability Approach: SEEN Coalition multidisciplinary response with ability to respond quickly and maintain a centralized referral mechanism. Police, DCF, DA s Office, Youth Outreach Coordinated communication Case coordination and tracking Human Trafficking 4

5 Victimless Crime? DOJ reports prostitution arises out of child sexual abuse, poverty, disabilities, and racism HIV and other STD s Spin off crimes like rape, robbery, and nuisance crimes Victimless Crime? Sexually exploited elite 2% Forced by inequality Poverty, racism, sexism, lack of opportunity 38% 60% Enslaved, pimped, and trafficked Trafficking and Technology How Sex Trafficking has changed through technology: Old Days yellow pages, seedy magazines, hard land lines Now a days Cell Phones, computers, mobile technology 5

6 The Erotic Review Trafficking and Technology Trafficking in Massachusetts 6

7 Law Enforcements Efforts to Address Sex Trafficking Supply - Young women (young men are also trafficked but much lower # s) Demand - Johns Distribution Pimps, Internet, taxi drivers, hotels, etc. Law Enforcement Efforts Supply - Intervention: Provide Services Safety Support Diversion Law Enforcement Efforts Demand Accountability Arrests Restitution/Fines John Schools 7

8 Law Enforcement Efforts Distribution-Disruption of criminal enterprises through prosecutions Pimps Hotels Taxis Illicit Massage parlors Making of A Girl Please watch the clip Making of A Girl, a live link can be found in the resource list of this module What is Commercial Sexual Exploitation of Children? Under 18 years old Not necessary to show force, fraud, or coercion 8

9 What is Commercial Sexual Exploitation of Children? Not only for money but also for food, shelter, etc. Survival Sex Not necessary to show movement across state lines. Objectives Victim of abuse not criminals/prostitutes Awareness & education Identify high risk and get into services Recover victims and prosecute exploiters Factors of CSEC Age-vulnerable to calculated deception of sophisticated pimps History of physical or sexual abuse Family trafficking 9

10 Parent drug-addicted Factors of CSEC Group homes targeted by pimps Dysfunctional families looking for love, acceptance Runaways - escaping an environment they can t control Indicators of Commercial Sexual Exploitation of Child (CSEC) Older boyfriend or older female friends Large/abnormal amounts of cash Stories/gossip about age inappropriate locations/activities Indicators of Commercial Sexual Exploitation of Child (CSEC) Multiple reports of running away Unexplained absences from school New clothes, accessories, hairstyles, nails, cell phone(s), jewelry with no explanation 10

11 Indicators of Commercial Sexual Exploitation of Child (CSEC) Journal with exploitative language Sudden changes in behaviors and/or school performance Excessive internet activity and social networking (Facebook, Myspace, AIM, My Yearbook, etc.) Sexual Activity Physical Indicators of CSEC Evidence of Drug/Alcohol Use Sexually Transmitted Disease(s) Pimps & Grooming Grooming is the term used to describe how a pimp/trafficker gains control over their victims. Targeting Establishing a relationship Provides for needs Control 11

12 Pimp Culture Glamorized Come get money with me, if you curious to see how it feels to be with a P-I-M-P Roll in the Benz with me, you could watch TV From the backseat of my V, I'm a P-I-M-P P Estimated net worth: $150 Million Dollars What to do when suspect CSEC? File a report of suspected child abuse with DCF 51A MGL Chapter 119 section 51A F: the prostitution of a child is a form of child abuse Filing will trigger a coordinated response in approximately 72 hours What happens? DCF will screen out and make a discretionary DA referral Goes to SEEN Case coordinator SEEN Case Coordinator notifies team (police, mentoring services, legal services, etc.) 12

13 What is supposed to happen? Each team member shares what they know about the child Results in action steps and services Case coordinator will have on-going coordination Why is this approach necessary? Each agency has it s expertise and responsibilities No one agency is able to do this alone To avoid re-victimization through coordinated efforts and timely communication Coordinated efforts prevent victims from falling through the cracks HT Indicators Clothing and dress inappropriate for weather Numerous cell phones Stigmatized Bald spots Cigarette burns branding/tattoos Cash 13

14 14 year old in ER January in Boston, young woman in high heels, wig and fake leather jacket presents in Emergency Room with older boyfriend asking for pregnancy test and complaining of back pain. She has no hospital card nor ID. Has several cell phones and says she will pay cash for services. When asked for her address and emergency contact she gave address in New Hampshire. Response Separate from boyfriend and speak to her alone. Be non-judgmental. Try to determine true age. If believe she is under 18 years and possible runaway, contact year old at Clinic Non-English speaking woman walks into neighborhood health clinic with abrasions on hands, knees and bald spot on head. Through h husband acting as interpreter, you learn she was robbed while walking in her neighborhood. 14

15 Response Separate from husband and get hospital interpreter. Ask questions to learn if she knows where she is what city? Be non-judgmental. Provide information in spoken language. Human Trafficking Unit Thank You 15