Human Trafficking Basics

Transcription

1 Human Trafficking Basics Module 10: Sexual Assault Advocacy Course (SAAC) This grant project is funded or partially funded by the State General Fund as administered by Kansas Governor s Grants Program. The opinions, findings and conclusions, or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Office of the Kansas Governor. Learning Objectives Following this module, participants will be better able to: Articulate different tactics that traffickers use to exert power and control over victims Identify red flags of human trafficking Be better equipped to conduct screening for human trafficking when working with survivors Human Trafficking Basics TRAFFICKING DEFINED 1

2 Federal Definition Trafficking means recruiting, abducting, facilitating, transferring, harboring, or transporting a person, by threat or use of force, coercion, fraud or deception or by the purchase, sale, trade, transfer or receipt of a person, for the purpose of subjecting that person to involuntary servitude, peonage, slavery, slave-like practices, sex trafficking, or forced or bonded labor services. (Full Text Available: under 22 U.S.C. 7102) Severe Form of Trafficking 1 PROCESS 2 MEANS 3 END Recruiting Harboring Moving Obtaining a person, by Force Fraud Coercion For the purposes of Involuntary Servitude Debt Bondage Slavery Sex Trade Exception: If sex trafficking and victim under 18, no force, fraud, or coercion required. 22 U.S.C. 7102(8) Human Trafficking Defined There are three categories of human trafficking victims: 1. Those under 18 involved in commercial sex 2. Those 18 and over involved in commercial sex acts through force, fraud, or coercion 3. Those forced to perform labor and/or services in conditions of involuntary servitude, peonage, debt bondage or slavery through force, fraud, or coercion 2

3 TVPA 2000 Findings (4) Traffickers primarily target women and girls, who are disproportionately affected by poverty, the lack of access to education, chronic unemployment, discrimination, and the lack of economic opportunities in countries of origin. Traffickers lure women and girls into their networks through false promises of decent working conditions at relatively good pay as nannies, maids, dancers, factory workers, restaurant workers, sales clerks, or models. Traffickers also buy children from poor families and sell them into prostitution or into various types of forced or bonded labor. 2 2 Pub. L , 114 Stat (Oct. 28, 2000) TVPA 2000 Findings (5) Traffickers often transport victims from their home communities to unfamiliar destinations, including foreign countries away from family and friends, religious institutions, and other sources of protection and support, leaving the victims defenseless and vulnerable. (6) Victims are often forced through physical violence to engage in sex acts or perform slavery-like labor. Such force includes rape and other forms of sexual abuse, torture, starvation, imprisonment, threats, psychological abuse, and coercion. 3 3 Pub. L , 114 Stat (Oct. 28, 2000) Trafficking Trafficking Smuggling Crime or violation against a person Contains element of coercion (cannot consent to enslavement) Subsequent exploitation and/or forced labor Movement not required Trafficked persons seen as victims by the law Smuggling Unauthorized border crossing No coercion Facilitated illegal entry of person from one country to another Smuggled persons seen as criminals by the law 3

4 Globally 2 million children exploited by the commercial sex trade 1.2 million children trafficked in % of transnational victims are women and girls 50% of transnational victims are minors $32 billion industry total annual profits generated by human trafficking $15.5 billion generated in industrialized countries Statistics compiled by Polaris Project and available at hn&oid=00d e4s&d=0i1gkp5pvjb5g7wwmouadoj20kk%3d Foreign Nationals Trafficked into U.S. 469 victims were certified as trafficking victims for public benefits purposes 67% of victims who received certification and eligibility letters were labor trafficking victims, 25% were sex trafficking, and 7% were both. All victims of sex trafficking and 89% of both types of trafficking were female. Statistics compiled by Polaris Project and available at 0D E4S&d=0i1GKP5PVjb5g7wWmouadOJ20Kk%3D In the United States 100, ,000 prostituted children 244,000 American minors estimated to be at risk of child exploitation, including CSE, in average age of entry into prostitution for girls average age of entry into prostitution for boys Statistics compiled by Polaris Project and available at 000HqhN&oid=00D E4S&d=0i1GKP5PVjb5g7wWmouadOJ20Kk%3D 4

5 In the United States 75% of girls engaged in formal street prostitution are controlled by pimps 95% of all commercial sex engaged in by boys is provided to adult males Statistics compiled by Polaris Project and available at 000HqhN&oid=00D E4S&d=0i1GKP5PVjb5g7wWmouadOJ20Kk%3D In Kansas Sex trafficking: China Rose Massage Parlors (Johnson County) Minor sex trafficking (Wichita and KC metro) Labor trafficking: Globe Indian Restaurant (Topeka) Giant Labor Solutions (Kansas City) Ice cream trucks (Kansas City) Domestic worker/housekeeper (Overland Park) Where does sex trafficking occur? Street Prostitution Massage Parlors Residential Brothels Escort Services Online Exploitation Hotels & Motels Truck Stops Hostess Clubs/Cantina Bars Exotic Dancing/Stripping Pornography 5

6 Where does labor trafficking occur? Domestic Servitude Agriculture, Forestry, Fishing Construction Peddling & Begging Rings Sales Crews Factories Service Industry (Hotels & Restaurants) Small Businesses Hostess Clubs/Cantina Bars Exotic Dancing/Stripping Pornography TRAFFICKER CHARACTERISTICS AND TACTICS Traffickers can be anyone. Strangers Friends Partners Relatives Neighbors US Citizens & Foreign Nationals Males & Females Adults & Minors Any race Members of victim s own ethnic or national background Of diverse socioeconomic backgrounds 6

7 CONCERNS & CONSIDERATIONS F POTENTIAL TRAFFICKING VICTIMS Emergency shelter Shelter/Housing Non-emergency shelter Transitional housing Stable long-term housing 7

8 Common Health Issues STDs/STIs, HIV/AIDS, pelvic pain, rectal trauma, urinary difficulties Pregnancy Infertility Infections/mutilations from improper care Chronic back, hearing, cardiovascular or respiratory problems Vision problems Malnourishment or serious dental problems Infectious diseases Untreated or undetected diseases and conditions Bruises, scars, or other sign of physical abuse Substance abuse or addictions Sex Trafficking Trauma Calculation Quota of 5 customers/night or $500 - $1000/night x per day x 7 days/week x 1 year = 1,820 forced sexual encounters per year Courtesy of Polaris Project SCREENING F TRAFFICKING 8

9 Barriers to victim identification Captivity/confinement Frequently accompanied, guarded Isolation Threats of violence/reprisal against loved ones Misinformation, false promises Debt bondage, sense of obligation Distrust of authority; learned loyalty Language, social barriers; unfamiliarity No personal ID, documents Fear Shame, self-blame Hopelessness, resignation Best Practices Reassure the Potential Victim You are there to help. They may have been taught to distrust service providers. You are not there to arrest, punish, or judge them. Be Conscientious Expect lies and canned stories. It may take many encounters with a service provider before the true story emerges. Be careful how you refer to the potential trafficker refer to them how the potential victim has. If she says he s her boyfriend, do not call him her pimp. Avoid using derogatory terms such as prostitute, etc. Keep in mind that many victims do not self-identify as trafficking victims. Be aware of and sensitive to power dynamics One-on-one interactions are ideal Courtesy of Polaris Project Human Trafficking Basics IMMIGRATION REMEDIES F FEIGN-BN TRAFFICKING SURVIVS 9

10 T visa To be eligible for a T Visa, the survivor must: have been a victim of a severe form of human trafficking; is present in U.S., American Samoa, or Northern Marianas on account of the trafficking; Has complied with reasonable request for assistance in investigation or prosecution of acts of trafficking; and Children under 18 do not need to meet this criterion Would suffer extreme hardship involving unusual & severe harm if removed from U. S. 28 T Visa Basics Good for four years Extension authorized with certification that needed to assist in investigation or prosecution With employment authorization May lead to permanent residency after 3 years, if complied with any reasonable request for assistance would suffer extreme hardship upon removal Good moral character since grant of T visa Admissible or obtains waiver of inadmissibility Possible to adjust before 3 years, if investigation or prosecution complete Can include some family members in application T Visas vs. Other Remedies Benefits Generous waivers Adjustment can be possible where it wouldn t otherwise Can obtain status for some family members Adjudicated entirely at Vermont Service Center Immediate public benefits eligibility Underutilized remedy Challenges Requires cooperation with investigation/prosecution May not be able to adjust for three years Stigma/self-identification/ safety barriers Must meet specific trafficking victim definition Showing presence in U.S. on account of trafficking 10

11 Human Trafficking Basics CAMILA S STY Camila is 17 and was born in Argentina. Her parents brought her to the U.S. when she was very little. They are all undocumented, but Camila didn t know until recently. She grew up in Salina, was a great student during elementary, middle, and early high school, but during 10 th grade, she began to gain weight and experience health problems. Ultimately, she was diagnosed with diabetes. Camila s life began to change. Her friends rejected her. She lost interest in her classes and her grades dropped significantly. She was having a hard time dealing with her illness and became depressed. She spent most of her time walking around the mall eating junk food. But her parents continued to treat her with love and were concerned about her health. One day at the mall, two girls approached Camila and started a conversation with her. Camila didn t think much of it but was happy to meet new people who weren t judging her. Her school friends had been harsh on her because she was getting bigger. The girls introduced Camila to Kenneth, a handsome young man, who began seducing her. Camila was thrilled. Finally someone liked her in spite of her weight. Kenneth took her to the movies, restaurants, and bought her new clothes. Camila didn t tell her parents because she knew they would want to meet him. She knew they would be concerned about how much older he was. So she began spending more and more time at his apartment. She believed she was his girlfriend. 11

12 That is when the girls and Kenneth began telling Camila about their work and how they were able to have such a lavish lifestyle. Camila was easily convinced. Kenneth brought men to the apartment and she began having sex with them. Kenneth was always making sure she was safe and he kept buying her gifts. Camila stopped going home. She fought with her parents and siblings and told them she had a boyfriend. Now she was completely dependent on Kenneth. That is when things began to change. He kept all the money she made, insisted she see more men, became harsh and demanding, insulted her and slapped her if she didn t comply. After one of the beatings, Camila was taken to the hospital by one of the girls. During that time her parents were contacted and they called the police. But Camila refused to return home and insisted Kenneth loved her and would come for her. The victim advocate from the police department thought of contacting the local DV/SA program. Camila agreed to speak with them. Using the three elements approach is there human trafficking in the scenario? Are there any intersections of domestic? For more information Polaris Project KCSDV 12

13 Contact Information Kansas Coalition Against Sexual and Domestic Violence Click here to go to Module 10 Quiz Password: KCSDV 13