Introductions. Trafficking in Indian Country: What everyone should know and Promising Practices. Human Trafficking. Federal Law 8/5/2013

Transcription

1 Anti-Human Trafficking for Service Providers in Indian Country Trafficking in Indian Country: What everyone should know and Promising Practices Introductions Stanley L. Pryor, Unified Solutions Suzanne Tibbetts Young PRESENTED BY: UNIFIED SOLUTIONS TRIBAL COMMUNITY DEVELOPMENT GROUP, INC. This presentation is funded through Grant No MU-GX-K004 awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, conclusions and recommendations expressed are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice. Beth Holger-Ambrose Human Trafficking There are differences in how some states define human trafficking versus the federal definition; this causes confusion for providers and law enforcement agencies. Federal Law The trafficking Victims Protection Act TVPA Passed on October 28,2000 Reauthorized in 2003, 2005, 2008 and 2010 The TVPA defines sex trafficking as: The recruitment, enticement, harboring, transportation, provision or obtaining of a person for the purpose of a commercial sex act. 22 U.S.C. 7102(9)(2008). Federal law establishes criminal penalties for Whoever knowingly 1. in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, recruits, entices, harbors, transports, provides, or obtains by any means a person; or 2. benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of (1), Knowing that force, fraud or coercion will be used to cause the person to engage in a commercial sex act, or that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act. 18 U.S.C. 1591(2008). The TVPA defines labor trafficking as: The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery. From: Labor Trafficking Fact Sheet, Department of Health and Human Services, 1

2 Human Smuggling Vs. Human Trafficking Smuggling Criminal Behavior (element of cooperation) Involves crossing an international border Transportation is central Involves non-citizens Trafficking Victims (force, fraud, coercion) Does not require movement Exploitation is central Victims can be citizens or non-citizens Smuggling can often turn into trafficking! Overlapping Forms of Trafficking Labor trafficking and sex trafficking may overlap and share common elements: Initial consent: A person may agree to migrate or take a job willingly, but once it is no longer voluntary, the person is a trafficking victim. Prior work history: Some individuals may have been involved in the sex industry or worked as a migrant before being identified as a trafficking victim. Wage payment: U.S. criminal case law establishes that payment of a wage or salary is not a definitive indicator of whether the individual is a trafficking victim. U.S. State Department, Trafficking in Persons Report (2009) Overlapping Forms of Violence Prostitution 8,000/day Sex Trafficking 803 in 3 years Why focus on Indian Country? American Indians are at a higher risk for sex trafficking due to: Higher rates of poverty Domestic Violence 1 in 3 Other Forms of Gender- Based Violence Sexual Assault 1 in 5 Higher rates of unemployment Higher rates of homelessness Experiencing homelessness or multiple times running away as a youth Higher rates of sexual violence Source: Wilder Research Center, Garden of Truth Report and others The Harsh Reality: The Experience of American Indian Trafficking Victims Sexual Abuse as Children Historical Trauma Higher rates of Traumatic Brain Injury Higher rates of Physical Violence Racism Higher rates of PTSD and Depression Chemical Dependency Rape & Physical Assault Chronic Health Problems Source: Garden of Truth, Shattered Hearts, and others American Indian Runaway and Homeless Youth 57% of youth staying in emergency shelter were found to be victims of sex trafficking Healing Place, Baton Rouge & Covenant House New Orleans In the city of Minneapolis all of the victims of juvenile sex trafficking recovered so far in 2012 by the MPD are runaways Minneapolis Police Sgt. Grant Snyder 20% of Homeless Youth identify as American Indian in a state (Minnesota) in which American Indians make up only 1% of the general youth population Wilder Research Center 2

3 Poverty and/or Homelessness forces people to make difficult decisions Pimp/Exploiter use of Drugs & Alcohol Manipulation & Love Force, Fraud & Coercion Intimidation Why does this happen? Recruitment Peers/Friends, Boyfriends, Family Members Offers of False Employment (Dancing, Modeling, Singing, etc.) Schools, Parks, Malls, Group Homes, Emergency Shelters, Housing Programs, Parties Exploiters/Traffickers can be any gender, age, strangers or nonstrangers Poverty forcing people into the life Recruiting-Control Strategy Pimp/Trafficker presents as a boyfriend or caretaker This is sometimes called boyfriending Trafficker is preying on the vulnerabilities of victim * Victim has low self-esteem * Victims doesn t have a healthy family * Use a honeymoon phase to build trust, power and control over victim * Victim is low income or homeless Information from the Polaris Project Violent Recruitment Sometimes these pimps are referred to as gorilla pimps. Acquire victims through kidnapping or abduction Use physical or sexual violence and rape to assert control over victims May threaten victim that if they don t comply the pimp will hurt their loved ones/family Profit for Traffickers-Example Quota of $500/Day x 7 Days a Week Trafficker earns $588,000 per Year per Victim For the Victims this Means: Estimated 5 Customers Day = 1,820 Forced Sexual Encounters per Year Why is it hard for people to get out? Trauma Chemical Use Poverty & Homelessness (Feeling of No Other Options) Fear In love with Trafficker Example is from the Polaris Project 3

4 Trauma Trauma is the result of an individual going through a life threatening situation. There is a higher prevalence of reported traumatic incidents among youth who were being held against their will or working for a pimp or another individual. Based on youth feedback-there are high levels of trauma therefore we should be utilizing trauma informed care approaches in street outreach. All youth reported some type of chemical use. Alcohol, Coke & Ecstasy Chemical Use The use of stimulants increases energy. Drugs may give a false sense of confidence. Drugs may be used to self medicate for anxiety, depression, PTSD, bipolar and/or ADHD. when stripping or escorting, women use thizzle or coke to loosen up and pimps will use heroin and weed to control the girls these drugs can be used for coping too. Poverty and Homelessness The majority (92%) of survey participants reported experiencing homelessness. Video Follow-Up Discussion & Questions Many youth reported entering the sex trade to get money to pay bills or secure food and/or shelter. Exchanging sex is a way for youth on the street to meet their immediate survival needs. I started at age 14 because I was kicked out of the house and homeless and was friends with a female pimp who said she could show me an easy way to make money. Activity: A Day in the Life Overall Approach with Victims/Survivors Victim-Centered (no longer criminal ) Strength Based/Positive Youth Development Harm Reduction Trauma Informed Care Importance of inclusion of relevant American Indian culturally specific services & approach 4

5 What is a respectful and effective approach to working with victims? First responders & service providers should listen and be genuine-be from the appropriate American Indian Community or have trusting relationships with that community Give appropriate & vetted referrals Allow people to disclose involvement when they are ready too. Use peer outreach workers (with youth especially) and/or survivors Build a rapport Language: Keep things general and use Soft Words Culturally Specific Response Examples Support Systems for Rural Homeless Youth (Tribal Homeless Youth Program in Minnesota) Safe Harbor Law Implementation and how to Include Urban American Indian Communities & Tribal Communities Thank You & Questions Stanley L. Pryor, Executive Director Unified Solutions Tribal Community Development Group, Inc. stan@unified-solutions.org Phone: (877) Website: Twitter: Facebook: Suzanne Tibbetts Young, Supervisor The FATHER Project-Goodwill Easter Seals setyojibwe@gmail.com Phone: (651) Sources of Information Farley, M., Mathews, N., Deer, S., Lopez, G., Stark, C. & Hudon, E. (2011) Garden of Truth: The Prostitution and Trafficking of Native Women in Minnesota. William Mitchell School of Law Greene, J. M., Ennett, S. T., & Ringwalt, C. L. (1999). Prevalence and correlates of survival sex among Edinburgh, L., Saewyc, E., Thao T., & Levitt, C. (2006). Sexual exploitation of very young Hmong girls. Journal of Adolescent Health, 39(1), Holger-Ambrose, B.; Langmade, C., Edinburgh, L. Identifying Effective Outreach Strategies for Sexually Exploited Youth, Journal of Adolescent Health, Volume 48: Number 2S: February Kennedy, M. A., Klein, C., Bristowe, J. T. K., Cooper, B. S. & Yuille, J. C. (2007). Routes of recruitment: pimps techniques and other circumstances that lead to street prostitution. Journal of Aggression, Maltreatment & Trauma, 15(2), Pierce, A. (2009). Shattered Hearts: The Commercial Sexual Exploitation of American Indian Women and Girls in Minnesota. The Minnesota Indian Women s Resource Center. Sifra Quintana, N., Rosenthal, J. & Krehely, J. On the Streets: the Federal Response to Gay and Transgender Homeless Youth. Center for American Progress, 2010 Tyler, K. A., Hoyt, D. R., Whitbeck, L. B., Cauce, A. M. (2001). The effects of a high-risk environment on the sexual victimization of homeless and runaway youth. Violence Victimization, 16, Beth Holger-Ambrose, Executive Director The Link bholger-ambrose@thelinkmn.org Phone: (612) Wilson, H. W., & Widom, C. S. (2010). The role of youth problem behaviors in the path from child abuse and neglect to prostitution: a prospective examination. Journal of Research on Adolescence, 20(1), Wilder Research Center, Homelessness in Minnesota 2009: Results of the Wilder Statewide Survey Raphael, Jody and Brenda Myers-Powell. From Victims to Victimizers: Interviews with 25 ex-pimps in Chicago, DePaul University,