THE NATIONAL JUDICIAL COLLEGE

Transcription

1 THE NATIONAL JUDICIAL COLLEGE E DUCATION I NNOVATION A DVANCING J USTICE IN ASSOCIATION WITH THE ACADEMIA JUDICIAL PUERTORRIQUEÑA AND SPONSORED BY THE STATE JUSTICE INSTITUTE HUMAN TRAFFICKING: WHAT PUERTO RICO JUDGES NEED TO KNOW Professor Terry Coonan OBJECTIVES: As part of a collaboration with the Center for Public Policy Studies and the Center for Court Innovation, this program is presented by FSU s Center for the Advancement of Human Rights and the National Judicial College and sponsored by the State Justice Institute. After this session, you will be able to: 1. Describe how the Trafficking Victim Protection Act of 2000 and Puerto Rico law have changed previous definitions of slavery; 2. Define how force, fraud, and coercion are employed against victims in modern human trafficking cases; and 3. Apply Puerto Rico s human trafficking statutory provisions to one or more case studies. REQUIRED READING: PAGE Terry Coonan, U.S. Trafficking Trends and Legal Responses (Sept. 2016) [NJC PowerPoint]...1 S&I: HUMAN TRAFFICKING: WHAT PUERTO RICO JUDGES NEED TO KNOW WB/KZ SEPTEMBER 16, 2016 SAN JUAN, PUERTO RICO

2 U.S. Trafficking Trends and Legal Responses Education for Puerto Rico Judges What Is Human Trafficking? Forms of modern-day slavery that involve the exploitation of persons for commercial sex or forced labor Often involves crossing an international border but does not require movement Traffickers use force, fraud, or coercion to control their victims A Human Rights Crisis Approximately million people held in slavery worldwide Estimated 500,000 to 2 million people trafficked worldwide annually Estimated 15,000 to 18,000 trafficked annually into the United States 1

3 A Lucrative Business Yields an estimated $32 billion in profits each year world wide An estimated $9 $12 billion earned in the United States Organized Crime After drug trafficking, human trafficking is the most lucrative business for organized crime Unlike drugs, humans can be resold again and again A Nationwide Epidemic 2

4 It s Here in Puerto Rico Puerto Rico Is a source country for HT Is a transit country for HT Is a destination country for HT Puerto Rico Conditions Conducive to Trafficking Poverty 3

5 Puerto Rico Conditions Conducive to Trafficking Poverty Puerto Rico Conditions Conducive to Trafficking Immigration Influxes Puerto Rico Conditions Conducive to Trafficking Tourism 4

6 U.S. Sex Trafficking Trends Relevant to Puerto Rico 1. Agricultural brothels 2. Massage establishments 3. Internet based prostitution 4. Domestic minor sex trafficking 5. Major tourism events 6. Familial trafficking 7. Sex tourism (1) Agricultural Brothels Agricultural Brothels Cater to migrant male customers (farmworkers, construction workers, etc.) Bulk prostitution operations Victims often paying off smuggling debts Victims are moved frequently 5

7 The Waiting Room The Work Station Tools of the Trade 6

8 Cash Intensive Operations Victim Belongings (2) Massage Establishments 7

9 Massage Parlors Frequently staffed by Dominican immigrant women Can be fronts for sex trafficking Often advertised on the Internet Internet Advertising Internet Advertising 8

10 Massage Parlors Women often live in single back room of the massage parlor U.S. Massage Parlor Trends U.S. Massage Parlor Trends Often involve Asian organized crime Nationwide Korean taxi service Victims from Korea, China. Thailand, Vietnam Victims often owe $50,000+ smuggling debts 9

11 2012 Campbell Case (Chicago) Campbell Case (Chicago) Chicago native Alex Campbell convicted on January 30, 2012 on sex trafficking and labor trafficking charges Had operated four massage parlors in the suburbs of Chicago Businessperson Alex Campbell 10

12 The Branding of His Victims Campbell Case Case began when one victim went to local police after being beaten Victims had been told it would cost them $25,000 to leave The Family One victim threatened her family in Belarus would be sent a sex tape Campbell Case Campbell given life sentence in 2013 Judge cites the brutality of the exploitation and lifelong scars victims will bear 11

13 One of the Clients Defense attorney identified in court by Ukrainian victim as a client Insisted he had only received massages... (3) Internet-Based Prostitution Prostitution 20 Years Ago Street Walking 12

14 Prostitution 10 Years Ago Throwaway Newspapers 2016: Internet s Virtual Street Corner 2016: Internet s Virtual Street Corner Prostitution and sex trafficking have proliferated through websites Backpage allows 3 rd party users to post ads for $5 - $10... makes over $22 million annually 70% of Backpage profits from adult services ads 13

15 (4) Domestic Minor Sex Trafficking Domestic Minor Sex Trafficking Average juvenile age of entry into prostitution is now Children are being groomed into prostitution Runaway and Throwaway Children: America s Newest Homeless Class 14

16 Largest Number of Sex Trafficking Victims in the U.S. An estimated 100,000+ victims annually Many resort to survival sex 90% of female minor runaways come in contact with a pimp within 48 hours of leaving home Domestic Recruiting Locations Schools Juvenile courts Shopping malls Bus stations Social Media Domestic Recruiting Locations Most common means of recruiting: online communications Kik, Instagram, Facebook, MeetMe, Twitter 15

17 Glorification of the Pimp Lifestyle DMST Victims The Reality DMST Victims Before and After 16

18 Tattoo Branding by Pimps Tattoo Branding by Pimps The Circuit Pimps typically move minor victims on multi-state circuits Victims may go missing from homes or foster care for 2-3 weeks at a time Return with cash, jewelry, and cellphones someone else has purchased 17

19 Backpage and The Circuit 2015 Multi-State DMST case The trafficker: 37 year old mother Doriean Barberi seeking to further her rap music career 2015 Multi-state DMST case Barberi begins advertising herself and minors on the internet 18

20 2015 Multi-State DMST case Barberi posts ad on Backpage in several states offering sexual services by herself and a teen Keeps all the money the teen makes from dates arranged by Barberi 2015 Multi-State DMST Case 2015 Multi-State DMST Case Barberi given 15 year sentence for sex trafficking of a minor Latest photo on jailhouse Penpal website 19

21 (5) Tourism Events and Sex Trafficking Major sporting events can be a magnet for prostitution and sex trafficking Tourism Events and Sex Trafficking Any kind of tourism event can be a venue for prostitution and trafficking Cause: male visitors with discretionary income Major Tourism Events 20

22 Tourism Events and Sex Trafficking Tourism Events and Sex Trafficking Two Mississippi boys ages 10 and 11 taken by family friend to 2013 New Orleans Super Bowl and sold to three men for repeated sex acts 16 minors (as young as 13) rescued after FBI sting operation at the 2014 NYC Super Bowl 45 pimps arrested as a result of NYC sting (6) Familial Sex Trafficking Sex trafficking done by a family member Often done to support a drug habit or try to escape poverty 21

23 Familial Sex Trafficking Grooming may begin with sex abuse ( sex abuse is boot camp for sex trafficking ) Often intergenerational abuse is present... fear of child protective services Feelings of shame and guilt about family secret Puerto Rico Familial Cases Exploiter tends to be: Member of the family Member of the foster family Member of the foster home Neighbor Foster Care & Group Homes Minors in foster care or group homes are especially vulnerable to trafficking 22

24 Foster Care & Group Homes Puerto Rico noted for high percentage of abused children in foster care homes of extended family (Crianza homes) These children vulnerable to exploitation, including peer recruitment 2014 Natal-Bracetti case 65 year old Manuel Natal Bracetti paid his granddaughter to have sex Twice impregnated her Given 24 year prison sentence (7) Sex Tourism 23

25 Sex Tourism As tourism has increased in Puerto Rico, so too has sex tourism Increasingly perpetrated through the Internet Allows potential buyers to pre-arrange sexual encounters and negotiate prices Child Sex Tourism Puerto Rico has witnessed recent child sex trafficking cases 2015 Bronson Case 35 year old tourist Joseph Neal Bronson from Wisconsin arrested for child sex trafficking Had answered an Internet ad by an escort agency claiming to specialize in young girls available in Puerto Rico 24

26 2015 Bronson Case Bronson responded saying he liked girls between the ages of 10 and 12 who were clean and shaved 2015 Bronson Case Bronson agreed to pay $200 for an hour of sex with a 12 year old Arrested October 1, 2015, in Puerto Rico Will be prosecuted federally U.S. Labor Trafficking Cases 25

27 Even More Labor Trafficking Than Sex Trafficking Cases Prostitution & (46%) Sex Services Domestic service (27%) Labor Trafficking = 54% Other (8%) Agriculture (10%) Sweatshops or factories (5%) Restaurant & Hotel Work (4%) Private homes Agriculture Construction Food service U.S. Venues for Labor Trafficking Janitorial services Sales crews Nail salons Hotels/motels Restaurants Landscaping U.S. Labor Trafficking Cases The largest number of trafficking cases nationwide The largest number of victims Often occur in plain sight Often involve legitimate U.S. businesses 26

28 Forced Agricultural Labor 2006 Evans Case (Florida) Investigation begins when EPA detects high level of human feces in St. John River Evans Case (Florida) Homeless men and women recruited from public shelters for exploitation on potato and cabbage farms in North Florida 27

29 Evans Case (Florida) Were held on isolated farms and plied daily with crack cocaine... Drug costs became the source of debt servitude Labor Trafficking in U.S. Hotels Florida Panhandle 28

30 San Destin Hilton Case (2006) The Victims: Eastern European college students admitted on J-1 student visas Arrived with plane tickets that would cost $2000+ to change San Destin Hilton Case The Traffickers Eastern European Organized Crime Groups: Eurohouse (2 companies) Southern Amenity et al Sigor, Inc. ISS Inc., et al High Quality Services MVA Right Services EBS DarPol & AmPol Maint Southeast Locations 29

31 2010 Manuel Case (Boca Raton) Trafficking in Resorts 2010 Manuel Case (Boca Raton) Husband and wife Filipino subcontractors lure Filipino cruise ship employees to Boca Raton promising high paying land jobs 50+ Filipinos are held in a gated neighborhood and contracted out to the Boca Woods Country Club 2010 Manuel Case (Boca Raton) Upon arrival in Florida victims have their passports and ID documents confiscated Victims told that perpetrators have special relationship with local ICE officer 30

32 2010 Manuel Case (Boca Raton) Victims rescued when found begging for food outside a Catholic Church Attorney General Bill McCollum opens case as wage and hour violation Federal case follows, but only after several years Labor Trafficking in the U.S. Service Industry Weitzel Case (Gulfport MS 2011) Federal subcontractor Randall Weitzell pleads guilty to labor trafficking of illegal aliens 8 year conspiracy in which Weitzel falsified documents, transported and harbored aliens, and exploited them throughout southern Mississippi 31

33 Weitzel Case (Gulfport, MS 2011) Jobsites where foreign nationals trafficked included Keesler Air Force Base and Gulfport Federal Courthouse Labor Trafficking in U.S. Gulf Coast Industry May 21, 2013 Lawsuits Announced Several of the most prestigious U.S. law firms announce they will pursue human trafficking lawsuits against Signal International (Alabama-based ship repair company) 32

34 Largest Labor Trafficking Lawsuit in U.S. History Lawsuit Alleges Massive Fraud and Abuses by U.S. Company Suit claims Signal recruited 500+ guest workers from India with fraudulent promises after Hurricane Katrina Signal promised workers permanent residence ( green cards ) Lawsuit Alleges Massive Fraud and Abuses by U.S. Company Suit claims Signal defrauded workers of tens of thousands of dollars with recruitment fees Further alleges workers confined to overcrowded and unsanitary shipyard camps in Texas, Mississippi, and Alabama 33

35 Workers allege visitors not allowed in camps and that company officials regularly searched their belongings Workers who complained were threatened with deportation 2015 Landmark Court Decision Federal court in New Orleans rules Signal International must pay $14 million in damages to the workers 34

36 Potential Labor Trafficking Sites in Puerto Rico Domestic servitude (house slavery) Potential Labor Trafficking Sites in Puerto Rico Agricultural exploitation Potential Labor Trafficking Sites in Puerto Rico Forced labor in hotels & resorts 35

37 Potential Labor Trafficking Sites in Puerto Rico Sweatshop exploitation Potential Labor Trafficking Sites in Puerto Rico Forced begging Trafficking Victims Protection Act (TVPA) 36

38 TVPA Background Meant to counter emerging trends in human trafficking nationwide Meant to legislatively respond to 1988 Kozminski Supreme Court decision (holding that slavery cases required showing of force or threat of force). TVPA Background Enacted in 2000 to: Prevent trafficking abroad & in US Protect & help victims rebuild lives Prosecute traffickers with enhanced criminal penalties TVPA = Victim-Centered Law Trafficking victims, even if in U.S. illegally, viewed as crime victims. Programs created to assist victims including immigration remedies. Benefits afforded refugees given to HT victims willing to assist in prosecution. 37

39 Human Trafficking Defined In U.S. law, human trafficking is now defined as criminal acts of involuntary labor or commercial sexual exploitation that are induced through force, fraud, or coercion Similar to the definition under international law (U.N. Protocol) Physical Force Not Required Physical force is no longer required Showing of fraud or psychological coercion now suffices Prosecutors now have new tools to prove up slavery in U.S. courts TVPA Force: physical violence that may take the form of beatings, rape, shootings, starvation, or physical confinement Fraud: can include false or deceptive offers of employment, marriage, or a better life 38

40 TVPA Coercion ( Invisible Chains ) Threats of serious harm against the victim Threats against the victim s family Threats of deportation TVPA Victim Protections Victims eligible for medical care, witness protection, social services Can obtain civil damages for financial losses Can sue for punitive damages (private right of action) New Immigration Remedy T visa created by Congress to give trafficking victims temporary legal status Victims must be willing to participate in law enforcement investigation 39

41 The Collaborative Approach The anti-trafficking movement in the United States is made up of a unique partnership: 1. Law enforcement and prosecutors 2. Non-governmental service providers DOJ-Funded HT Task Forces State Anti-Trafficking Statutes 40

42 State Anti-trafficking Statutes The past decade has witnessed the enactment of state anti-trafficking laws throughout the country In spring 2013 Wyoming became the 50 th state to enact HT laws State HT laws meant to conform to federal HT laws State Anti-trafficking Statutes Enhanced criminal penalties Introduce new law enforcement tools (wiretapping, asset forfeiture) Introduce new prosecutorial tools (treat HT as organized crime with RICO provisions) State Anti-trafficking Statutes New wave of state laws often include Safe Harbor provisions Meant to eliminate prosecution of minors engaged in prostitution Similar to statutory rape provisions: minors cannot consent to sex (including commercial sex) 41

43 Puerto Rico Statutes Puerto Rico has not yet enacted comprehensive laws addressing human trafficking Must still rely on affiliated criminal charges in the Puerto Rican Penal Code Sexual Assault Article nd degree felony for unlawful sexual penetration of another 8-15 year sentence Introduced by New Penal Code of 2004 Includes: Sexual Assault Article 142 (cont.) When victim is under 16 When victim has mental illness or disability When victim compelled into act by force or the threat of force 42

44 Sexual Assault Article 142 (cont.) When victim s ability to consent diminished by drugs or alcohol When victim submits to act by means of deception When victim exploited by means of physical or psychological abuse Sexual Assault Article 142 (cont.) When the accused has kinship with the victim When the accused takes advantage of trust arising from a relationship of superiority (counseling, religious leadership, custody or guardianship) Prostitution Article 149 First degree misdemeanor to engage in, expect, offer, or solicit sexual relations in return for money or any kind of payment. 43

45 Pandering and Human Trafficking Article th Degree felony when: One promotes prostitution of another (even with consent) One enables the entry of another into Puerto Rico for purposes of prostitution Pandering and Human Trafficking (Aggravated) Article rd Degree Felony when: Victim is under 18 There is violence, abuse of authority, or coercion Perpetrator is a relative or has guardianship of victim More than one victim exploited New Findings on Trauma 44

46 Trauma as a Courtroom Factor Trauma = emotional shock that creates long term damage to the psychological development and well-being of an individual Trauma can result from physical or psychological injury Complex trauma results from prolonged or multiple traumatic events Trauma as a Courtroom Factor Post-Traumatic Stress Disorder ( PTSD ) = a form of anxiety triggered by memories of a traumatic event PTSD often affects survivors of torture refugees war zone survivors & soldiers police & medical personnel trafficking victims Trauma as a Courtroom Factor PTSD symptoms: Nightmares and flashbacks Unexplained mood swings Anxiety Depression Disassociation Hypervigilance Distorted sense of normal 45

47 Indicators of Dissociation Survivor shuts his or her eyes May space out or seem dazed May display emotional disconnect with what he or she is saying May display completely inappropriate affect regarding what he or she is saying Trauma as a Courtroom Factor Victim may not see him or herself as victim May block out painful parts of his or her experience Victim s story may change over time Victim may exhibit great distrust or anger towards authorities Fight Human Responses to Perception of Danger Flight Freeze --Trauma Bonding ( Stockholm Syndrome ) 46

48 Trauma as a Courtroom Factor Victims may prove reluctant to testify against traffickers (especially minor victims) Visual impact of trafficker may trigger memories of trauma Victim may seek to protect trafficker ( Stockholm Syndrome ) Where State Judges May See Indicators of Trafficking Prostitution cases Bond hearings: who posts bond for a minor or a woman arrested for prostitution? Where State Judges May See Indicators of Trafficking Delinquency cases: Theft (shoplifting) Criminal trespass Assault or battery Recruiting trafficking victims (especially in group homes) 47

49 Where State Judges May See Indicators of Trafficking Drug crimes: Purchase, possession, distribution, or sale of controlled substances or marijuana Drug court Where State Judges May See Indicators of Trafficking Status Offenses: Runaway Incorrigible Truancy Vagrancy Loitering Where State Judges May See Indicators of Trafficking Dependency cases Abuse Neglect Abandonment Child Protective Investigators (CPIs) play a vital role in recognizing human trafficking of minors 48

50 Where State Judges May See Indicators of Trafficking Guardianship cases Traffickers known to seek guardianship over minor victims Red flag: when unrelated person seeks guardianship of a child Appropriate Judicial Responses Providing service referrals Classifying juvenile victims as children in need of services (opting for dependency rather than delinquency track) Insisting on collaboration between prosecutors and defense attorneys Appropriate Judicial Responses Victim safety must be prime consideration, including in court Concepts of guilt and culpability should account for victimization Probation conditions (including violations of probation) should address victim circumstances 49

51 Promising National Models NYC Trafficking Intervention Court Initially meant to provide alternative to incarceration for minors engaged in prostitution Subsequently expanded to provide alternatives for adult women Promising National Models NYC Trafficking Intervention Court Meets weekly, and hears only cases of defendants arrested on prostitution or loitering charges Extensive collaboration between court, prosecutors, defense bar, and service providers Promising National Models NYC Trafficking Intervention Court Defendants eligible for dismissal of charges for 1 st arrest if they complete 5 rehabilitation sessions and are not re-arrested in the following six months 50

52 Promising National Models NYC Trafficking Intervention Court Defendants with more than one arrest may be required to complete program sessions in order to satisfy court mandate Promising National Models NYC Trafficking Intervention Court Specially targeted support for: Asian defendants Foreign born Latina defendants LGBT defendants National Hotline Number /7 hotline service that alerts local law enforcement and service providers about potential cases 51

53 Resource for Judges and Courts Information Cards Fact Sheets Educational Materials HT Guide Questions? Thank You! Professor Terry Coonan 52