Human Trafficking midterm

What do you have to prove was present to convict an offender of human trafficking?

Force, fraud, or coercion (unless it’s child sex trafficking, then you don’t have to prove any of those)

Human smuggling

illegal border crossing that is VOLUNTARY and CONSENTUAL

• crime against the state

Human Trafficking

Doesn’t have to involve border crossing, COERCION, and EXPLOITATION

• crime against individual

What elements need to be present in order for it to be human trafficking?

AMP:

• A: Action (transport)

• M: Means (Coercion)

• P: Purpose (labor, slavery)

What is the second largest criminal trade in the world?

human trafficking

What is the 4-P framework?

• prevention: general and strategic, spread awareness

• protection: identifying victims

• prosecution: defining/ criminalizing the act

• Partnership: international awareness

What is the Palermo Protocol: UN convention against transnational organized crime (2000

• It’s the main source of international guidance on how to define, prevent, and prosecute trafficking

• 190 nations have signed on

UN protocol to prevent trafficking persons (specifically women and children)

• This gave the first globally agreed-upon definition of human trafficking

• act, means, purpose

• no requirement of direct force/ threat

• 178 nations signed

UN Protocol against smuggling of migrants (2004)

• defines smuggling and makes it clear it isn’t the same as trafficking

• encourages nations to collab to end smuggling

What does the UN do to adopt these protocols?

• They monitor adherence to provisions

• publish country-specific analysis (AMP, both domestic and foreign victims)

The Mann Act (1910)

Criminalized the transport of women across state lines for prostitution or other immoral purposes

The Tariff Act (1930)

prohibited importation of goods produced with force/ indentured labor

Trafficking Victims Protection Act (TVPA, 2000)

• emphasis on force, fraud, and coercion

• focus points on punishment, prevention, and provision (legal/ social benefits to victims)

• mandated the creation of the trafficking in persons (TIP) Office within the state department

Criticisms of the TVPA

• Prosecutors want TVPA to go further in criminalizing trafficking

• Victim advocates feel it emphasizes punishment more than provisions

• decline in # of federal prosecutions for labor trafficking

• increase in state-level enforcement and prosecutions

Criticisms of Maryland Laws

• Relief laws only cover a narrow range of offenses

• there is no judicial discretion allowed

• survivors must prove that they committed these offenses while under duress

Alabama: Sound of Freedom Law

mandates life imprisonment when victim is a minor in 1st degree trafficking

Utah Laws

• increased criminal penalites for sex/ labor trafficking

Tennessee Laws

They require tattoo artists to be trained on how to recognize and report signs of trafficking, like branding marks

Trafficking survivors relief act (2026)

• 1st federal criminal record relief law in the U.S.

• applies to non-violent offenses that were committed as a direct result of trafficking

The TIP report (trafficking in prsons)

• produced annually by the state department to rank countries on how well they deal with trafficking

• rankings are based on information from a variety of sources

TIP Report Rankings

Tier 1: country fully meets TVPA’s minimum standards

Tier 2: country doesn’t meet minimum standards but is making significant efforts to do so

Tier 2 Watchlist: Tier 2 and the estimated number of victims are significant/ increasing, with little to no evidence of efforts to combat

Tier 3: not meeting the standards and not trying to combat the problem of trafficking

How long does the president have to decide whether to apply restrictions to Tier 3 countries?

The President generally has until the start of the new fiscal year (October 1) following the release of the annual Trafficking in Persons (TIP) report

What are the special cases for the TIP report rankings?

Haiti, Libya, Somalia, Yemen

Criticisms of the TIP report

• Are rankings ever influenced by political ties with the U.S. at the time of ranking?

• in 2015, diplomats at the state department pressured the TIP office to give inflated ranking to 17 countries

UN Office on Drugs and Crime

• provides a global database of international case law/ legislation

• periodically publishes a global report on trafficking on 156 nations (less than TIP)

What are some suggestions as to how we can better help victims of trafficking?

1. improve access to housing for survivors

2. ensure prosecutors take all steps to request mandatory restitution orders

3. enhance/ expand screenings for trafficking indicators

which state has the most identified cases of human trafficking?

California: 1,733 cases

Based on the human trafficking hotline, what is the breakdown of how many cases were reported for the different types of trafficking?

• 55% sex trafficking

• 19% labor trafficking

• 11% other (both labor and sex)

• 15% unknown

what is the breakdown of trafficking stats based on the 2022 Law enforcement data? (underestimate)

• 81% sex trafficking cases

• 19% labor trafficking

where are incidents most likely to occur according to the 2022 law enforcement data?

in residences or hotels

what percent of trafficking incidents did NOT result in an arrest?

2/3

What is the average age for trafficking victims?

• 17 for sex trafficking

• 22 for labor trafficking

What is the gender percentage breakdown for trafficking victims?

• 81% female

• 19% male

what are the top 5 risk factors/ vulnerabilities for SEX TRAFFICKING victims?

1. substance use concern

2. runaway homeless youth

3. recent migration/ relocation

4. unstable housing

5. mental health concern

what are the top 5 risk factors/ vulnerabilities for LABOR TRAFFICKING victims?

1. recent migration/ relocation

2. unstable housing

3. criminal record history

4. physical health concerns

5. substance use concern

what percent of trafficking victims are children?

more than 1/3

where is the greatest proportion of victims?

Asia-Pacific region

what percent of victims are women/ girls?

61%

what are the push factors of female vulnerability (supply)?

• acceptance of violence against women/ gender discrimination

• conflict/ violence

• globalization

• poverty/ lack of education

what are the pull factors of female vulnerability (demand)?

• increased demand for domestic workers

• demand for sex

• demand for unskilled workers

Vulnerability: POVERTY

• extreme poverty at any level creates vulnerability

• extreme poverty is a predictor of migration patters

• poverty causes desperation in families to take more risks/ be persuaded by traffickers

Vulnerability: RELIGIOUS AFFILIATION

• Traffickers in some countries use religious beliefs as a coercive tactic to keep their victims in line

• religious minorities use forced marriages and are able to strip citizenship from people

Vulnerability: STATELESSNESS

• to not be a citizen of any country (about 4.4 million people are stateless)

• people who are stateless are denied basic needs, cannot marry, cannot get citienship for their children, may not be able to work legally, travel across boarders, or vote

Vulnerability: AGE

• minors are more vulnerable to exploitation

• developmentally/ physically different from adults

• unable to make their own decisions/ protect themselves

• less aware of laws

what type of children are more vulnerable than others?

• unaccompanied minors

  • limited communication abilities and no safeguard

• youth involved in the child welfare system

• homeless youth

what is the gender breakdown for demographic of the traffickers?

65% are male

• in 30% of other countries, women make up the largest proportion of traffickers

when victims become “traffickers”

• it’s common to use victims to recruit other victims

• victims do this because of fear/ intimidation, desire to transfer their debts, want a chance to free themselves

• victims who are involved are less likely to seek assistance or help law enforcement with investigations

corruption in trafficking

• if victims believe there is corruption, they are less likely to question it (tool of control)

• traffickers may bribe law enforcement to assist in various roles and corrupt officers may facilitate trafficking

motivations for trafficking

• one of the most lucrative criminal enterprises with a low risk of being caught

• common motivations:

  • means of earning money

  • they want to “help’ minors involved in commercial sex

  • means of survival

  • pressured by family/ friends

  • power, control, esteem

what are the different roles in trafficking?

• recruiter: identifies victims, often has personal relationships with them

• transporter: move victims to new locations, provide tickers/ documentation needed for travel (they may be unaware they are involved in a trafficking scheme)

• exploiters: make victims engage in illegal acts/ services

• supervisors: maintain control of victims/ living conditions, prevent escapes

• managers: handle the business aspects of trafficking

• primary beneficiaries: provide funding for operations

• “Johns”: people who purchase sex in countries where prostitution is illegal

When is prostitution considered trafficking?

if the prostitute is a minor

where does the U.S. rank in terms of how many sex workers we have?

3rd

what is the average age of entry into prostitution?

14-19 years old

since most prostitutes are minors/ start off as minors, what does this mean?

they are technically victims because they are minors

PUSH FACTORS (prostitution by choice): Poverty & Gender

• financial strain

• women often have fewer alternative jobs to make money

PUSH FACTORS (prostitution by choice): Abuse & Addiction

• could have a history of sexual abuse

• limited job opportunities, so they use prostitution to sustain their addictions

PUSH FACTORS (prostitution by choice): Socialization

• something is missing from their lives

• glamorization/ normalization of prostitution

by 1917, all U.S. states + DC has made prostitution illegal, what is the exception?

10 counties in Nevada

Hoke v. United States

the states were given the responsibility for regulating commercial sex

what was D.C.’s underground sex economy?

1. online and street prostitution (not organized crime)

2. Erotic Asian massage parlors (resemble organized criminal network)

3. Latin American Brothers

Where are women most commonly traded/ moved from?

between brothels in DC, MD, and VA

What is the German Model approach to prostitution?

• Prostitution is regulated

• Brothels are legal and regulated

What is the Laissez-Faire Model approach to prostitution?

• prostitution is unregulated profession

• operating brothels/ pimping is criminal

what is the Swedish/ Nordic Model to prostitution?

• prostitution is illegal

• purchasers (not sex workers) are punished

what is the prohibitionist model to prostitution?

• prostitution is illegal

• workers and purchasers can be punished

Criminalization of prostitution:

prostitution is illegal

abolition of prostitution:

focus of punishment is on the purchaser

decriminalization of prostitution:

all laws against prostitution are eliminated

legalization of prostitution:

prostitution is permissible under state enforced regulations (similar to alcohol)

what is the MAIN distinction between prostitution and human trafficking?

Choice

• if the individual can make a choice to leave, then it is legally not trafficking

The way the country chooses to react to prostitution is not predictive of how the country reacts to human trafficking:

True

Recruitment for sex trafficking:

• identifying vulnerable individuals (emotional or economic)

• Trafficker may act as a boyfriend to the victim to coerce them

Identification of victims in Sex Trafficking:

• This does not occur for every victim, and it varies

  • Why? The victim may not have ID, misidentification, legal ramifications, shame/ fear, corruption, or general mistrust of the justice system

Recovery + Reintegration for Sex trafficking victims:

• physical symptoms: headaches, dizzy spells, back pain, gynecological symptoms

• PTSD, depression, anxiety, hostility

• victims typically lack money/ resources to prevent them from being re-trafficked

• many victims return home to unsupported families

What can service providers do to help victims?

• street outreach

• focus on each victims situation/ circumstances

• individualized treatments

• trauma-informed treatments

• provide holistic approaches to recovery

What did survivors say were the most common factors for victimization?

• unpaid debts, unemployment, homelessness, substance abuse problems, children

what is the most common recruitment method for sex trafficking?

romantic situations

What are some risk factors for child sex trafficking?

• Community/ Societal Level: norms, sexualization of children

• Family/ Relationship Level: family conflict, disruption, and dysfunction

• Individual Level: child abuse, LGBTQ+, homelessness, discrimination, child welfare involvement

VULNERABILITY/ risk factors: Addiction

• both addiction of the child and parents increases vulnerability

• drug addicted parents might sell child for money/ drugs

• they may not supervise their child while under the influence

• a question of whether the child’s addiction precedes trafficking or if it develops during it

Demand: Sex Tourism

• traveling to a particular destination to purchase sex

• more prevalent in less developed “exotic” areas

• significant portion of Thailand’s GDP comes from sex tourism

• demand for male sex workers, especially in Caribbean

Demand: The Internet

• used in the search for sex workers

• locate where they can travel for sex tourism

• share/ view child pornography

• traffickers groom victims for exploitation and it connects victims to clients

Sextortion:

when offenders obtain incriminating photos or information about a child to coerce the child into performing sex acts

TEDTALK: Theresa Flores

• she wasn’t allowed to speak

• was told she didn’t have a name

• her trafficker used her emotional vulnerability to persuade her

• sextortion was used

• she didn’t display any of the risk factors

Prevention/ Protection methods for child sex trafficking:

• demand reduction (Johns schools, “naming and shaming", focusing punishment on the puchasers

• culture change

• raising awareness

• trauma-informed care (trauma bonding)

Protection for victims:

• protecting the vulnerable

• protecting survivors of trafficking

• temporary visas

• legislation

Safe Harbor Laws:

• prevent child sex trafficking victims from facing prosecution for prostitution

• provide services such as safe housing, mental health care, access to education, etc.

why are safe harbor laws used?

• because children ARE prosecuted for prostitution even though they are controlled by a pimp/ trafficker

• they are limited to child sex trafficking victims

• they are proactive

what are the 6 themes typically found in safe harbor laws?

1. collaboration and coordination

2. decriminalization/ diversions

3. funds for anti trafficking efforts

4. provision of services

5. increased penalties for traffickers of children

6. training to recognize and respond to victims

What are some criticisms of Vacatur Laws (criminal record relief laws)?

• some states limit laws to prostitution charges only

• vacatur is only considered if victim’s attorney asks for it (not automatic)

• victims aren’t always aware of this option

• reactionary, not a defense for current charges, only applied after being charged

What are some protection methods for victims?

• T Visa: allows victims to stay in the US for up to 4 years if criteria are met

  • For victims of severe forms of trafficking, they have to be physically present in the US as a result of being trafficked, and be in danger/ hardshipped if removed from the US

• U Visa: for victims who have suffered mental/ physical abuse as a result of trafficking

  • must reasonably assist law enforcement

  • allows victims to stay for 4 years

What is the UN definition of trafficking?

the recruitment, transportation, transfer, harbouring, or receipt of people through force, fraud, or deception to exploit them for profit

• AMP (Acts, Means, Purpose)

What is globalization?

Increasing international integration has transformed human trafficking from a localized issue into a lucrative, large scale, global industry

• free trade, open borders, rapid technological advancement, economic disparity

What are the key elements of human trafficking?

• Action: harboring, transporting, providing, or obtaining an individual

• Means: the methods used to control or compel the victim (Fraud, Coercion)

• Purpose: the goal of the trafficker, which is exploitation

How does the TVPA focus on prevention, punishment, and provision?

Prevention: Reducing vulnerability and demand

• mandates public awareness campaigns, training for officials, addressing the causes, and promotes international cooperation through the President’s Interagency Task Force for anti-trafficking laws

Protection/ Provision: supporting survivors

• funding for housing, medical care, legal assistance, and counseling, T visas, non-punishment alternatives for victims

Punishment: Holding traffickers accountable

• strengthening laws, stricter/ longer sentences, and victim restitution

What is facilitated job placement?

• fraudulent recruitment tactic where traffickers use fake job offers or recruitment agencies to lure women into situations of forced labor or sex trafficking

• used to gain victims trust and compel them to travel or move into a controlled environment

What is the leading U.S. law enforcement agency responsible for fighting human smuggling and human trafficking?

Homeland Security

• leads federal efforts to dismantle criminal networks involved in both smuggling and trafficking

What are some policies and legislations against unfair recruitment practices?

• The International Organization for Migration developed the International

  Recruitment Integrity System (IRIS)

• this practice is banned by international and country-specific regulations. Such

  measures are supported by various advocacy organizations (International Labour

  Organization

What are the types of structural models in criminal organizations?

• Rigid Hierarchies: single leader, rigid internal discipline structures, violence

• Regional Hierarchy: line of command, violence

• Clustered Hierarchy: multiple criminal groups, relatively rare

• Core Criminal Group: limited number of individuals, looser network

• Organized Network: key individuals, personal loyalties more important than social or ethnic identities.

What are some international trends in regulating prostitution?

• Asia: All countries criminalize prostitution

• Europe: various models are applied to prostitution

what is Lee and Persson’s (2015) study/ new model?

Their model may allow for prostitution to occur but eliminate the forced supply that often comes with it

• this would include sex workers becoming licensed

• this would be the legalization model