HUMAN TRAFFICKING: HIDDEN CRISIS IN OUR COMMUNITY PRESENTED BY: SHEA M. RHODES, ESQUIRE, DIRECTOR & CO-FOUNDER

HUMAN TRAFFICKING: HIDDEN CRISIS IN OUR COMMUNITY PRESENTED BY: SHEA M. RHODES, ESQUIRE, DIRECTOR & CO-FOUNDER

LEARNING OBJECTIVES What is Human Trafficking? Is Sex Trafficking happening in the Lehigh Valley? Why should you care this is happening in your community? What can you do to help?

JAMILYNNE CLEARY

WHAT IS HUMAN TRAFFICKING?

HUMAN TRAFFICKING The illegal trade of human beings for the purposes of commercial sexual exploitation or forced labor

HUMAN TRAFFICKING It is a CRIME under both State and Federal laws!!

FEDERAL SEX TRAFFICKING LAWS

TRAFFICKING VICTIMS PROTECTION ACT (TVPA) First law in America to address the trafficking of people for labor and sex Enacted in 2000 and re-authorized in 2003, 2005, 2008 and 2013* (as a VAWA amendment) Key Definitions: Involuntary Servitude - a condition of servitude induced by means of any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or physical restraint; or the abuse or threatened abuse of the legal process Commercial Sex Act - any sex act on account of which anything of value is given to or received by any person

JUSTICE FOR VICTIMS OF TRAFFICKING ACT (JVTA) Enacted in 2015, this law amended and improved the TVPA Created fund to support services for domestic trafficking victims Mandated additional training requirements for first responders. Updated definition of forms of child abuse to include human trafficking and child pornography

FEDERAL CRIME 18 U.S. Code 1591 Sex Trafficking of Children or by Force, Fraud, and Coercion (a) 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, obtains, advertises, maintains, patronizes, or solicits 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 paragraph (1), knowing, or, except where the act constituting the violation of paragraph (1) is advertising, in reckless disregard of the fact, that means of force, threats of force, fraud, coercion described in subsection (e)(2), or any combination of such means 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, shall be punished as provided in subsection (b).

Act Means Recruits, entices, harbors, transports, provides, obtains, advertises, maintains, patronizes or solicits Knowingly financially benefits or receives anything of value Force, fraud, or coercion i.e. threats, physical abuse, kidnapping, extortion, use of drugs, duress, controlling property, withholding food, etc. Purpose Commercial sex act Involuntary servitude, debt bondage

ACT 105 (2014), 18 PA. C.S.A. 3001 ET. SEQ. Created a clear definition of sex trafficking Comprehensive focus on three primary goals: Prosecution of human trafficking Prevention of human trafficking Protection for victims and survivors First jury trial & conviction in Lehigh County - February 2016 Trafficking Convictions: Berks, Bucks (2), Delaware, Lackawanna, Lehigh (3), Montgomery, Philadelphia, Wayne

DEFINITIONS: Ñ3001 SEX TRAFFICKING Sexual Servitude Any sex act or performance involving a sex act for which anything of value is directly or indirectly given, promised to or received by any individual or which is performed or provided by any individual, and is induced or obtained from (1) a minor (2) Any other individual by any of the means set forth in section 3012(b)(relating to involuntary servitude).

THE ACTS : 3011 TRAFFICKING IN INDIVIDUALS (a) Offense defined. A person commits a felony of the second degree if the person: (1) recruits, entices, solicits, harbors, transports, provides, obtains or maintains an individual if the person knows or recklessly disregards that the individual will be subject to involuntary servitude; or (2) knowingly benefits financially or receives anything of value from any act that facilitates any activity described in paragraph (1).

COMMERCIAL SEXUAL EXPLOITATION Prostitution Massage Parlors/Brothels Sex Tourism Exploitation of Children Exploitation of Non-Citizens/Non-Permanent Residents

TARGETING ALL PERPETRATORS The law criminalizes a broad spectrum of conduct and indiscriminately applies to traffickers, buyers, and facilitators alike Traffickers Victim Buyers Facilitators

SELLING AND BUYING SEX PENNSYLVANIA LAWS AND STATISTICS

PROSTITUTION - THE CRIME: 18 PA.C.S. 5902 Chapter 59 Public Indecency Section (a) Prostitution Section (b) Promoting Prostitution Section (c) Grading of Offenses Section (d) Living off Prostitutes Section (e) Patronizing Prostitutes Section (f) Definitions

18 PA.C.S. 5902(A) PROSTITUTION A person is guilty of prostitution if he or she: (1) is an inmate of a house of prostitution or otherwise engages in sexual activity as a business; or (2) loiters in or within view of any public place for the purpose of being hired to engage in sexual activity.

18 PA.C.S. 5902(B) PROMOTING PROSTITUTION A person who knowingly promotes prostitution of another commits a misdemeanor or felony as provided in subsection (c) of this section. The following acts shall, without limitation of the foregoing, constitute promoting prostitution: (1) owning, controlling, managing, supervising or otherwise keeping, alone or in association with others, a house of prostitution or a prostitution business; (2) procuring an inmate for a house of prostitution or a place in a house of prostitution for one who would be an inmate; (3) encouraging, inducing, or otherwise intentionally causing another to become or remain a prostitute; (4) soliciting a person to patronize a prostitute; (5) procuring a prostitute for a patron; (6) transporting a person into or within this Commonwealth with intent to promote the engaging in prostitution by that person, or procuring or paying for transportation with that intent; (7) leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or the promotion of prostitution, or failure to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means; or (8) soliciting, receiving, or agreeing to receive any benefit for doing or agreeing to do anything forbidden by this subsection.

18 PA.C.S. 5902(B.1) PROMOTING PROSTITUTION OF A MINOR A person who knowingly promotes prostitution of a minor commits a felony of the third degree. The following acts shall, without limitation of the foregoing, constitute promoting prostitution of a minor: (1) owning, controlling, managing, supervising or otherwise keeping, alone or in association with others, a house of prostitution or a prostitution business in which a victim is a minor; (2) procuring an inmate who is a minor for a house of prostitution or a place in a house of prostitution where a minor would be an inmate; (3) encouraging, inducing or otherwise intentionally causing a minor to become or remain a prostitute; (4) soliciting a minor to patronize a prostitute; (5) procuring a prostitute who is a minor for a patron; (6) transporting a minor into or within this Commonwealth with intent to promote the engaging in prostitution by that minor, or procuring or paying for transportation with that intent; (7) leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution of a minor or the promotion of prostitution of a minor, or failure to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities or other legally available means; or (8) soliciting, receiving or agreeing to receive any benefit for doing or agreeing to do anything forbidden by this subsection.

IDENTIFYING PROMOTING PROSTITUTION AS A FORM OF TRAFFICKING Promoting prostitution is distinct from buying or selling sex Promoting prostitution, i.e. pimping, should be classified within a human trafficking statute The description, promoting is a euphemism; pimps are not promoters, they are human rights violators Pimps take an active role in the force, fraud, and coercion that define the acts of human trafficking in Pennsylvania law and in federal law

18 PA.C.S. 5902(D) LIVING OFF PROSTITUTES A person, other than the prostitute or the prostitute's minor child or other legal dependent incapable of selfsupport, who is knowingly supported in whole or substantial part by the proceeds of prostitution is promoting prostitution in violation of subsection (b) of this section.

18 PA.C.S. 5902(E) PATRONIZING PROSTITUTES A person commits the offense of patronizing prostitutes if that person hires a prostitute or any other person to engage in sexual activity with him or her or if that person enters or remains in a house of prostitution for the purpose of engaging in sexual activity.

GRADING AND RECIDIVISM The crimes of Prostitution and Patronizing Prostitutes recidivise at the same rate First or second offense is a misdemeanor in the third degree (M3) 1 year in confinement and $2,500 fine Third offense is a misdemeanor in the second degree (M2) 2 years in confinement and $5,000 fine Fourth and subsequent offense is a misdemeanor in the first degree (M1) 5 years in confinement and $10,000 fine

DISPARITY IN POLICING TACTICS 21.79% for buying 78.21% for selling Only 4 out of 42 counties in Pennsylvania that reported arrests to the AOPC targeted the demand for commercial sexual exploitation, by arresting buyers more frequently than sellers. AOPC 2016

DISPARITY IN POLICING TACTICS 1,662 463 AOPC 2016

County Selling Buying Adams^ 0 0 Allegheny 366 81 Beaver 13 5 Berks 13 0 Blair^ 0 0 Bradford^ 0 0 Bucks 98 3 Butler 5 0 Cambria 1 0 Carbon^ 0 0 Chester 3 2 Clearfield+ 1 0 Clinton^ 0 0 Crawford^ 0 0 Cumberland 8 3 Dauphin 83 36 Delaware 24 0 Erie 34 1 Fayette 12 1 Franklin 5 2 Huntingdon^ 0 0 Indiana+ 1 1 Jefferson 1 1 Lackawanna 14 0 Lancaster* 12 44 Lawrence^ 0 0 Lebanon* 0 2 Lehigh 39 0 Luzerne 22 4 Lycoming 6 2 McKean* 0 1 Monroe 13 12 Montgomery 11 8 Montour^ 0 0 Northampton* 13 22 Perry 1 0 Philadelphia 797 222 Union+ 1 0 Venango^ 0 0 Washington 28 0 Westmoreland 6 4 York 31 6 * Counties where reported arrests for buying outnumbered arrests for selling ^ Counties that reported in 2014-15 but did not in 2016 + Counties that did not report in 2014-15 but did in 2016

HUMAN TRAFFICKING IN THE LEHIGH VALLEY

HUMAN TRAFFICKING IN THE LEHIGH VALLEY

WHAT YOU CAN DO? Learn the indicators so you can help identify a potential trafficking victim Get involved with your local coalition (The VAST) and volunteer Organize and host a fundraiser Donate money or other needed supplies Organize an awareness raising event

WHAT YOU CAN DO? Post the hotline on your social media Pay attention to the words you choose Talk to your kids Encourage schools to talk to all children Advocate for legislative changes Create political will to change policing and law enforcement tactics

WHAT YOU CAN DO If you suspect human trafficking - report it! Call the National Human Trafficking Hotline 1-888-3737-888 Collect data, identify trends and patterns that assist with prevention and law enforcement intervention Provide victim services and connect victims with local services Call 911 in case of emergency

NATIONAL RESOURCES Polaris Project https://polarisproject.org (202) 790-6300 Shared Hope International http://sharedhope.org 1-866-HER-LIFE World Without Exploitation https://www.worldwithoutexploitation.org info@worldwithoutexploitation.com

STATEWIDE RESOURCES Department of Human Services (P.O. Box 2675, Harrisburg PA 17105-2675, http://www.dhs.pa.gov) Friends of Farm Workers (699 Ranstead Street, Suite 4 Philadelphia, PA 19106, 5450 Second Ave, 2nd Floor Pittsburgh, PA 15207, http://www.friendsfw.org) Villanova University Charles Widger School of Law Institute to Address Commercial Sexual Exploitation (CSE Institute) (299 N Spring Mill Rd, Villanova, PA 19085, http://cseinstitute.org) Pennsylvania Alliance Against Trafficking in Humans (PAATH) (website coming soon: http://www.educateandadvocate-paath.com) Pennsylvania Coalition Against Domestic Violence (PCADV) (3605 Vartan Way, Suite 101, Harrisburg PA 17110, http://www.pcadv.org) Pennsylvania Coalition Against Rape (PCAR) (125 North Enola Drive, Enola, PA 17025, http://www.pcar.org) Pennsylvania Commission on Crime and Delinquency (PCCD) (3101 N Front St, Harrisburg, PA 17110, http://www.pccd.pa.gov/victim-services/pages/default.aspx#.v1dd62pvhse)

THANK YOU SHEA M. RHODES, ESQ. OFFICE: (610) 519-7183 SHEA.RHODES@LAW.VILLANOVA.EDU @CSEINSTITUTE @SHMRNRHDS WWW.CSEINSTITUTE.ORG