Combating Human Trafficking in Ohio

Transcription

1 Combating Human Trafficking in Ohio Sophia Papadimos Ohio Department of Public Safety April 28, 2017 Overview Understanding the crime of human trafficking Elements of Trafficking Ohio s Response: Grassroots and Victims Services Law Enforcement Task Forces Federal Laws State Laws Governor s Ohio Human Trafficking Task Force Ohio Human Trafficking Commission (Attorney General) Resources Understanding the Crime of Human Trafficking 1

2 Understanding Human Trafficking: Definition Human trafficking is a form of modern-day slavery where people profit from the control and exploitation of others. Often referred to as compelled service of others for profit In the United States, must include elements of force, fraud, or coercion Images of a Global Crime RIGHT: Debt bondage, which has been reported in the agricultural sector in South Asia, can cripple entire families. If an exploited elder cannot repay an initial debt, it can be inherited by his descendants. (Source: US Dept of State 2015 TIP Report) LEFT: In Haiti, parents send their children to live with and work for an outside family who agrees to provide food, clothing and shelter. Many families, however, exploit these children and subject them to domestic servitude and physical, sexual and other types of abuses. (Source: US Dept of State 2015 TIP Report) Estimated trafficking victims by geographical region Source: International Labor Organization,

3 Global Scope of Human Trafficking An estimated 21 million people globally thought to be trafficked (ILO) For more information, visit U.S. DOL, International Organization on Migration, U.S. Department of State s websites. Globally, most trafficking victims are labor trafficking victims, including women, children and men Fishermen raise their hands when asked who among them would like to go home, after their release was secured from a situation of forced labor on a fishing vessel. (Source: US Department of State 2015 TIP Report) A Wake-Up Call for Ohio Initial awareness increase with passage of federal law in 2000 FBI s Operation Precious Cargo 2005 Truck stop sting in Harrisburg, PA 151 victims recovered 45 were minors 2 officers convicted 78/151 victims from Toledo Youngest victim was 12 Offered to reduce charges in exchange for sex Tipped off pimps about prostitution stings Why now? People everywhere exploit people We are becoming more aware of the problem, so we find more cases (i.e. Toledo) State and federal trafficking laws apply to crimes not previously viewed as trafficking Exploitation of tech Increasing demand for explicit content of younger victims, which is becoming increasingly available and graphic. (NCMEC and Urban Institute, 2014) 3

4 Who are Traffickers? Pimps Parents/guardians Caregivers Businesses Domestic employers Seasonal farm employers Men AND women Gangs Traffickers are anyone using force, fraud or coercion to exploit another person for profit Who are the Victims in Ohio? Under federal law, any minor under 18 years of age induced into commercial sex is a victim of sex trafficking regardless of whether or not the trafficker used, fraud, force and coercion. Victims can be men, women, children, people with developmental disabilities, etc. there s not a profile In Ohio, victims have been women, men, boys and girls, international and national, people with developmental disabilities, missing and runaway youth, and people from urban and rural areas. Vulnerabilities to Victimization Disproportionately affects vulnerable people i.e. runaways, foster care kids, migrant workersdocumented and undocumented, people with disabilities There are affluent, upper/middle class victims Kids with past sexual abuse are especially vulnerable to sexual exploitation Victims often do not self identify Children who experience sexual abuse are 28 times more likely to be arrested for prostitution (Source: U.S. Department of Health and Human Services) 4

5 Elements of Human Trafficking How Trafficking Happens Types of Sex Trafficking Hostess Bar/Club Operations with Inflated-Price Schemes Eastern European/Russian stripping or exotic dancing Go-Go Clubs Latino cantina bars Escort Services (Both Incall and Outcall) Bar/Hotel-based Internet-based Private parties (house, club, lap dance clubs) Boat cruises Phone chat lines Asian room salons, hostess clubs, and other karaoke clubs Domestic strip clubs and gentleman s clubs Residential/Underground Brothel Settings Pimp-Controlled Prostitution Hotel-based Internet/Escort-based Private parties Street-based Truck stops Other miscellaneous locations -From The National Human Trafficking Resource Center 5

6 Sex Trafficking in Ohio In 2014, Ohio children younger than 6 were sex trafficked by their parents in exchange for drugs, rent and cash. We think it happens to young girls and runaways. But with these youngest kids, it s their actual families who are trafficking them. - Director, Child Advocacy Center Types of Labor Trafficking Domestic Servitude/Domestic Worker Cases Nannies Maids/Housekeepers Small Businesses/ Mom and Pop Operations Landscaping Nail salons Restaurants Industrial cleaning Construction Hospitality Peddling Rings/Sales Crews Magazine sales crews Flowers/Candy sales crews Large-Scale Labor Cases Agricultural Factory settings (i.e. garments; food processing) Other large factory work environments (i.e. industrial welding) Child soldiers -From The National Human Trafficking Resource Center Labor Trafficking: What it Looks Like From the International Labor Organization: 6

7 Labor Trafficking in Ohio On July 2, 2015, a grand jury in Cleveland charged three Ohio residents and a Texas man with participating in a human trafficking organization that smuggled children from Guatemala and forced them to work on egg farms. In 2011, defendants and others brought workers starting at age 14 to the U.S. under the false premise that they would attend school. Eight victims are under age 18 and two are adults. Defendants face multiple counts of forced labor and harboring illegal aliens. Signs and Indicators of Trafficking Poor Mental Health or Abnormal Behavior Is fearful, anxious, depressed, submissive, tense, or nervous/paranoid Exhibits unusually fearful or anxious behavior after bringing up law enforcement Avoids eye contact Poor Physical Health Lacks health care Appears malnourished Shows signs of physical and/or sexual abuse, physical restraint, confinement, or torture -From The National Human Trafficking Resource Center Signs and Indicators of Trafficking Lack of Control Has few or no personal possessions Is not in control of his/her own money, no financial records, or bank account Is not in control of his/her own identification documents Is not allowed or able to speak for themselves Lack of Clarity and Awareness Claims of just visiting and inability to clarify where he/she is staying/address Lack of knowledge of whereabouts and/or do not know what city he/she is in Loss of sense of time Has numerous inconsistencies in his/her story -From The National Human Trafficking Resource Center 7

8 Signs of Trafficking: Children Red flags to look for: (Context of whole child important) Inconsistencies in stories References to working long hours and getting poor pay under abusive bosses Look at demeanor, affect and appearance Unusual knowledge of work Fearful or anxious behavior Presence of a controlling, abusive or older boyfriend Possession of gifts/cash that can t be explained Chronic runaways Recurrent STI s/std s and/or need for pregnancy tests Signs of physical assault If you suspect human trafficking: Call the National Human Trafficking Resource Center or 911 For law enforcement, if you need additional resources, reach out to your local task force or BCI Medical providers should follow internal protocols for working with law enforcement (calling NHTRC without patient consent can violate HIPAA) Ohio s Response 8

9 Ohio s response context Grassroots advocacy and victim services Law Enforcement Task Forces Federal Laws State Laws- Safe Harbor Safe Harbor End Demand Act State agency initiatives Governor s Ohio Human Trafficking Task Force Ohio Human Trafficking Commission (Ohio Attorney General) Rescue & Restore Coalitions Led by Ohio Network of Anti- Human Trafficking Coalitions Coalitions are coordinated community efforts to respond to trafficking locally Law enforcement task forces Dedicated Task Forces currently cover: Central Ohio (OSHP, Columbus PD) NW Ohio (FBI Innocence Lost) NE Ohio (FBI) SW Ohio Developing task force in Miami Valley area 9

10 Trafficking Victims Protection Act The Trafficking Victims Protection Act (TVPA) of 2000 created the first comprehensive federal law to address human trafficking, with a significant focus on the international dimension of the problem. - Polaris Project Trafficking Victims Protection Act Forced Labor Forced labor involves forcing or coercing victims to perform labor or services. *The trafficker might threaten serious harm to the victim or to a third party to make him or her perform labor. *The trafficker might physically restrain the victim, threaten to have the victim deported or refuse to assist in sponsoring the victim to legalize the victim s immigration status. Sex Trafficking Sex trafficking occurs when the trafficker uses force, fraud or coercion to influence an adult to perform commercial sex acts. *A commercial sex act is defined as the exchange of anything of value to any person for a sex act. *Any minor (under the age of 18) exploited for commercial sex is considered a victim of trafficking; proof of force, fraud or coercion is not required. Source: U.S. Department of Homeland Security Goal of State Laws 1. Prevent trafficking (increased public awareness) 2. Protect victims (better victim recovery options) 3. Prosecute offenders (Traffickers AND Buyers) Ohio s anti-trafficking laws (ORC ) were designed to better reflect federal law and address unique circumstances in our state. 10

11 State Law Highlights: Training & Awareness Law enforcement officers are required to have trafficking in persons training and to report all human trafficking cases to BCI School staff required to take human trafficking training OCJS mandated to create a state public awareness campaign State Law Highlights: Victim Protections SAFE HARBOR Intervention in Lieu of Conviction for Minors AND Adults Record expungement Victims can pursue damages Statute of limitations extended to 20 years 11

12 State Law Highlights: Victim Protections Allows Diversion Program for Minors in juvenile court Provides CCTV testimony option for victims under 16 during a preliminary hearing Allows termination of Parental Rights Prohibits disclosure of Police Reports Involving Minor Victims State Law Highlights: Penalties for offenders HB 262 (2012) made trafficking-in-persons a felony of the 1 st degree with a mandatory minimum 10 years sentence Adult sex traffickers must register as sex offenders Obstruction of Justice is a 2 nd degree felony in human trafficking cases Ohio Human Trafficking Task Force Governor Kasich s Task Force created by Executive Order in March 2012 Created to marshal the resources of the state to coordinate HT prevention and response efforts 10 state agencies working to identify service gaps and meet those gaps Important: Many of these initiatives work hand in hand with grassroots and coalition initiatives 12

13 Task Force initiatives: Rescue & Restore Grant Program Human Trafficking Screening Tool Agency Resources Medicaid, DODD, DYS Partnership with Children s Advocacy Centers Governor s Task Force Partnership Data Resources 13

14 humantrafficking.ohio.gov Ohio s Toolkit for Serving Victims of Human Trafficking Online compendium of resources Human Trafficking Screening Tool Protocols for serving minors and adults 101 on state and federal laws Speaker requests Map of who is doing what, where in Ohio and volunteers Data and reports Up-to-date news, events and trainings Ohio Resource: Online Training Human trafficking training for Ohio s Boards and Commissions Licensees can earn 1 credit hour of Continuing Education State Medical Board of Ohio Training 14

15 Ohio Department of Health Training Thank you for your time! Please contact me with any questions: Sophia Papadimos