THE STATE OF DELAWARE RESPONSE TO HUMAN TRAFFICKING

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1 THE STATE OF DELAWARE RESPONSE TO HUMAN TRAFFICKING D E L A W A R E C R I M I N A L J U S T I C E C O U N C I L Christian L. Kervick Executive Director

2 TOPICS I-95 Corridor and the Mobility of Crime Information sharing initiatives Senate Bill 197 signed by Gov. Markell June 30, /26/ NCJA National Forum 2

3 I- 95 CORRIDOR 8/26/ NCJA National Forum 3

4 MARIS INITIATIVE Four jurisdiction agreement to transfer arrests feeds across jurisdictional lines to cross-check probationers. DE MD PA DC 8/26/ NCJA National Forum 4

5 EACH JURISDICTION HAS THEIR OWN INTEGRATED JUSTICE INFORMATION SYSTEM (IJIS) Maryland MD Dashboard Pennsylvania JNET Delaware DELJIS District of Columbia JUSTIS

6 MARIS AIMS TO CONNECT THE IJIS SYSTEMS Maryland MD Dashboard Pennsylvania JNET Delaware DELJIS District of Columbia JUSTIS

7 THE MARIS MISSION. Mid-Atlantic Regional Information Sharing (MARIS) will make interstate justice information sharing a secure, effective, efficient, simple and practical process for each member. MARIS will accomplish interstate JIS that: Builds upon, leverages and enhances the existing criminal justice information systems currently deployed by each member. Enables the effective information flow among members, both for their immediate benefit and ultimately to provide a national model. Adopts and uses proven national standards to guide and enhance information sharing across systems (e.g. NIEM, JRA, GFIPM) wherever and whenever practicable.

8 WHAT DELAWARE AND MARYLAND DISCOVERED?

9 There are 79 Maryland inmates who gave a Delaware address as their home address upon entry into the Maryland prison system Delaware is a great state and they offenders will return with new acquaintances (conspirators)

10 There are 17 Maryland offenders under active supervision for burglary or robbery living in Delaware

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12 There are 389 individuals within Maryland who are wanted in Delaware

13 Of the 389 wanted individuals from Delaware who are living in Maryland, 92 are wanted for violent crimes

14 Violent offenders living in Maryland who are wanted in Delaware for failure to appear in Delaware courts

15 HUMAN TRAFFICKING DEFINED 8/26/ NCJA National Forum 15

16 WHAT IS HUMAN TRAFFICKING? The use of coercion or deception of force for the purpose of placing men, women, or children in slavery or slavery-like conditions. Human Trafficking is modern- day slavery. Involves the exploitation of persons for commercial sex or forced labor, plus the inability to extricate oneself from that situation.

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18 WHY PEOPLE ARE TRAFFICKED Prostitution Exotic dancing Agricultural work Landscape work Domestic work and child care ( domestic servitude ) Factory work Personal sexual exploitation Begging/ street peddling Restaurant work Construction work Carnival work Hotel housekeeping Day labor

19 WHO IS INVOLVED IN TRAFFICKING? Recruiter- Gains the victim s trust and then sells for labor or to a pimp. Can be a boyfriend, neighbor, or family member. Trafficker- Person who controls the victims. They instill fear through abuse, threats, and lies. Can be a member of the victim s family. Victim- Can be anyone Consumer-Funds the industry by purchasing the goods and services. The consumer is often unaware that someone is suffering.

20 SMUGGLING VS. TRAFFICKING Requires illegal crossing of the U.S. border Smugglers typically make their money once the alien has reached the U.S. border; their business relationship is then terminated Can become trafficking once a person is forced to provide labor or services An offense against a person Involves compelled labor or service Traffickers may use smuggling debt as a means to control victims Traffickers maintain ongoing control over victims, even after the border is crossed

21 Two types of Human Trafficking exist: Labor Trafficking Sexual Servitude

22 LABOR TRAFFICKING A.K.A FORCED LABOR What is it? The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion. Industries that could facilitate labor trafficking: Domestic labor Agriculture sales Landscaping Day labor sites Garment factories restaurants, bar Meat packing plants Door- to- door Garment factories Nail salons Chain and fast food

23 LABOR TRAFFICKING Victims of human trafficking in domestic work commonly work 10 to 16 hours a day or more for little to no pay. Victims of labor trafficking of domestic workers in the U.S. are most often foreign national women living in the home of their employer. Businesses using trafficking victims in the workforce increase the health and safety risks to consumers because most coerced laborers are not protected by state or federal work place requirements. They are often not able or encouraged to obtain needed training, certificates, licenses or registrations and thus are not subject to proper regulation designed to protect consumers regarding health and safety risks.

24 SIGNS OF LABOR CAMPS AND SWEATSHOPS Security onsite to keep victims confined to the premises Barbed wire Bars on the windows, blacked out windows Security cameras High walls Self-contained camps Bouncers, guards, and/ or guard dogs to prevent escapes and visitors They are only allowed to shop at the company store

25 SEXUAL SERVITUDE What is it? The recruitment, harboring, transportation or obtaining of a person for a commercial sex act where such an act is induced by force, fraud, or coercion. The person induced to perform such an act has not yet attained 18 years of age. Sex trafficking in minors occurs when the minor is commercially sexually exploited through prostitution, pornography, and/or erotic entertainment. Industries that could facilitate sex trafficking: Massage parlors Escort services Adult bookstores Modeling studios Bars/ strip clubs

26 SEXUAL SERVITUDE No one signs up to become a slave. Traffickers frequently recruit victims through fraudulent advertisements promising legitimate jobs as hostesses, domestics, or work in the agricultural industry. Trafficking victims of all kinds come from rural, suburban, and urban settings. There are tell-tale signs when commercial establishments are holding people against their will. Victims are kept under surveillance when taken to a doctor, hospital or clinic for treatment; trafficker may act as a translator. High foot traffic especially for brothels where there may be trafficked women indicated often by a stream of men arriving and leaving the premises.

27 BROTHELS Large amounts of cash and contraceptive devices (condoms) Customer logbooks- one for the house and one for the victims Sparse rooms Men come and go frequently Used twin mattresses stacked up outside of the residence

28 SIGNS OF SEXUAL SERVITUDE Malnutrition, dehydration or poor personal hygiene Sexually transmitted diseases Signs of rape or sexual abuse Bruising, broken bones, or other signs of untreated medical problems Critical illnesses including diabetes, cancer or heart disease; and Post-traumatic stress or psychological disorders A chaperone or translator at all medical appointments- this could be the trafficker acting as a friend

29 THE TRAFFICKED PERSON Who is a victim? A victim can be any person, regardless of their citizenship status, country of origin, or sex. Certain populations are especially vulnerable. These may include: undocumented immigrants; runaway and homeless youth; victims of trauma and abuse; refugees and individuals fleeing conflict; and oppressed, marginalized, and/or impoverished groups and individuals. Runaways and at-risk youth are targeted by pimps and traffickers for exploitation in the commercial sex industry or different labor or services industries. Pimps and sex traffickers are skilled at manipulating child victims and maintaining control through a combination of deception, lies, feigned affection, threats, and violence.

30 THE INVISIBLE VICTIM Many are illegal and fear the U.S. authorities Victims mat be physically isolated or guarded; others are help through psychological coercion Many victims do not speak English Many have no idea where they are in the U.S. and face tremendous cultural barriers Many do not realize that they are victims or that they have rights under U.S. laws

31 SIGNS OF TRAFFICKING: IF THE INDIVIDUAL Is not free to leave or come and go as he/she wishes Is unpaid, paid very little, or paid only through tips Works excessively long and/or unusual hours Is not allowed breaks or suffers under unusual restrictions at work Is fearful, anxious, depressed, submissive, tense, or nervous/paranoid Exhibits unusually fearful or anxious behavior after bringing up law enforcement Avoids eye contact Loss of sense of time 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 (ID or passport) Is not allowed or able to speak for themselves (a third party may insist on being present and/or translating) 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 Has numerous inconsistencies in his/her story

32 VICTIM VULNERABILITIES Why don t they just escape? The traffickers have a strong psychological and physiological hold on them. Fear of deportation. Dangers of leaving without money or a place to go; they do not have a way to support themselves and their children if they have any. Fear for the safety of their families in their home countries. Human Trafficking reaches every culture and demographic. Regardless of that, all victims are vulnerable in some way, and the trafficker will exploit those vulnerabilities. Means to control the victims Beatings, burnings, rapes and starvation are used as punishment Isolation as a punishment Drug or alcohol dependency Document withholding Debt bondage Threats of deportation

33 VICTIM LIVING AND WORKING CONDITIONS Live on or near work premises Restricted or controlled communication Frequently moved by the traffickers Large number of occupants in one living space

34 PERSONAL AND PHYSICAL INDICATORS Injuries from beatings or weapons Signs of torture- for example cigarette burns on the skin Brands or scarring to indicate ownership Signs of malnourishment

35 VICTIMS MAY LACK Personal items or possessions Cell phone, calling card, or other means to communicate to the outside world Private space or their own room Financial records and even their own money Knowledge of the place they live or how to get around the community Friends or relationships with people outside their immediate circle The freedom to come and go as they please

36 VICTIM ISSUES They may not identify themselves as victims May not speak English They are likely to lie or use rehearsed stories at initial contact May be behaviorally dependent on the trafficker They may be reluctant to speak to someone who is wearing a badge, gun, or uniform They may be culturally conditioned to fear law enforcement

37 POLARIS PROJECT Polaris, named after the North Star that guided slaves to freedom in the U.S., disrupts the conditions that allow human trafficking to thrive in our society. From working with government leaders to protect victims rights, to building partnerships with the world s leading technology corporations, we spark long-term change that focuses communities on identifying, reporting and eliminating trafficking networks. Our comprehensive model puts victims at the center of all that we do -- helping survivors restore their freedom, preventing more victims, and gathering the data to pursue traffickers wherever they operate National Human Trafficking Resource Center 8/26/ NCJA National Forum 37

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39 QUESTIONS TO ASK Can you leave your job if you want to? Can you come and go as you please? Have you been hurt or threatened if you tried to leave? Has your family been threatened? Do you live with your employer? Where do you sleep and eat? Are you in debt to your employer? Do you have your passport/identification? Who has it?

40 THE BIG QUESTION What Can Delaware and Other states do??

41 SENATE BILL 197 DE DOJ Bill AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO TRAFFICKING OF INDIVIDUALS, FORCED LABOR AND SEXUAL SERVITUDE. 8/26/ NCJA National Forum 41

42 SB THREE PRONG APPROACH Focused on Human Trafficking Ensures that criminal penalties reflect human trafficking tactics Provides essential protections for human trafficking victims Establishes key preventions against human trafficking 8/26/ NCJA National Forum 42

43 PRONG 1- CRIMINAL PENALTIES Strengthen Delaware s definition of coercion by identifying types of tactics used by human traffickers: Use of Threat or force Abuse or threatened abuse of the legal process Controlling a victims access to controlled substances Destroying documents Debt Bondage Expanded the definition of sexually explicit performance to include the production of pornography and its digital transfer 8/26/ NCJA National Forum 43

44 PRONG 1- CRIMINAL PENALTIES SB 197- sharpened the definitions of trafficking, forced labor, and sexual servitude to reflect the types of activities that human traffickers engage in Focusing upon the demand side of human trafficking activities by imposing heightened penalties upon those who knowingly patronize victims of sexual servitude and upon businesses under existing Delaware law. 8/26/ NCJA National Forum 44

45 PRONG 1- CRIMINAL PENALTIES SB 197- Imposes additional criminal penalties upon human traffickers who find victims at victim shelters, foster homes, and similar facilities. Set forth a provision that would ensure that restitution is ordered even if the victim is unavailable to accept payment. 8/26/ NCJA National Forum 45

46 PRONG 2 PROVIDES ESSENTIAL PROTECTIONS Requiring that human traffickers forfeit property used to commit human trafficking or that represents the proceeds of human trafficking. Prohibits introduction of evidence of a victim s past sexual behavior, with some exceptions Creating a safe harbor for minors who engage in commercial sexual activity 8/26/ NCJA National Forum 46

47 PRONG 2 PROVIDES ESSENTIAL PROTECTIONS Establishes an affirmative defense for victims charged with prostitution or loitering, provided that the activity occurred as a direct result of being a human-trafficking victim Allows victims to sue their traffickers for damages Allows victims to apply for pardon, request expungement or file a motion to vacate for convictions for specified crimes committed as a direct result of being a human-trafficking victim. 8/26/ NCJA National Forum 47

48 PRONG 3 ESTABLISHES KEY PREVENTIONS SB -197 creates a permanent Human Trafficking Coordinating Council charged with developing a comprehensive state plan, evaluating data, promoting public awareness, and other steps Requires that public-awareness signs be posted in specified locations 8/26/ NCJA National Forum 48

49 PRONG 3 ESTABLISHES KEY PREVENTIONS Ensuring that human-trafficking victims are eligible for services Also, assisting victims who may be eligible for specified visa status 8/26/ NCJA National Forum 49

50 DELAWARE LAW SB-197 was signed into Law by Governor Jack Markell on June 30, /26/ NCJA National Forum 50

51 THANK YOU! Questions & Discussion 8/26/ NCJA National Forum 51

52 CONTACT Delaware Criminal Justice Council /26/ NCJA National Forum 52