Test 7 Human Trafficking/ Family Violence/ Sexual Assault/ Juvenile / TABC/ TBI/ De-escalation/ Deaf and HOH

80 percent of all crisis situations can be diffused by _____________.

80 percent of all crisis situations can be diffused by LISTENING

How long does a magistrate's order of protection generally last?

31 days to 91 days

What type of protective order has been issued at the time of the arrest?

emergency protective order

According to the CCP, a peace officer ______ arrest, without a warrant, a person the peace officer had probable cause to believe has committed family violence

According to the CCP, a peace officer MAY arrest, without a warrant, a person the peace officer had probable cause to believe has committed family violence

What is the maximum amount of time that a final protective order is good for?

not to exceed two years; or if a period is not stated in the order, until the second anniversary of the date the order was issued:

-may exceed 2 years if there was serious bodily injury or respondent had two or more previous protective orders against him

-a subject of a protective order may file a motion that the court review the order but not earlier than the 1st anniversary date

-if a person is confined or imprisoned on the date the protective order would expire, the order is extended and expires on the one year anniversary of the persons release

Where can you find the length of time that a protective order is effective for?

on the protective order itself

Who may file for a protective order on behalf of a child victim of sexual abuse?

-parent

-law enforcement

-attorney

-an adult member of the family or household may file an application for a protective order to protect the applicant or any other member of the applicant's family or household

-an application for a protective order to protect the applicant may be filed by:

(1) an adult member of the dating relationship; or

(2) an adult member of the marriage, if the victim is or was married as described by Section 71.0021(a)(1)(B)

Define dating violence

means an act by an individual that is against another individual with whom that person has or has had a dating relationship and that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the individual in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself

How long is an ex-parte protective order good for?

-not to exceed 20 days

-on the request of an applicant or on the courts on motion, the order may be extended for additional 20 day periods

Arresting all parties involved in family violence results in all but:

a. disqualification of victims receiving crime victim compensation

b. the likelihood the victim will not call the police again

c. the removal of control from the batterer

d. the likelihood the violence will escalate in the future

c. the removal of control from the batterer

Provide 3 examples of emotional abuse:

a.

b.

c.

-withholding affection

-ignoring for long periods time (treating someone as if they aren't a person)

-verbal abuse (name calling, constant allegations of infidelity) -isolation (preventing contact with family, friends, and neighbors)

-severing family ties and/or preventing contact with friends and neighbors

-injuring or killing pets

-destroying personal possessions

-belittling in front of family/friends

-humiliating or degrading acts

-constant monitoring

List 3 examples of some possible barriers a victim might face when considering leaving an abusive relationship:

a.

b.

c.

**Most domestic violence homicide victims are murdered while in the process of or after leaving their abuser**

-financial dependence on an abuser

-lack of available support system (Family Pressure/Children want to stay/return)

-the victim's previous negative experience with the criminal legal system

-fear due to increased threats by the abuser when trying to leave

-loves the abuser (just wants the violence to stop)

-religious belief/tradition

-victim believes that the children need both parents

-immigrant victims face additional barriers of threats with INS, LE, etc...

-distrust of law enforcement

-language barriers

What happens to the orders provided by a protective order, if the victim reconciles with the person to whom the order was directed?

will be arrested for violation of protective order

If a victim and a batterer live in different counties, in which county can the victim apply for a protective order?

county where the victim resides

What should the officer always do if a child is present and witness to the family violence involving the parents?

always ask any children what happened out of sight and hearing of the adults

Who should be arrested in an effort to prevent the disqualification of victims from receiving compensation, instead of arresting both parties?

To prevent the disqualification of family violence victims from receiving crime victim compensation, officers should arrest the primary aggressor instead of arresting both parties when responding to family violence calls

In family violence cases where assault and/or aggravated assault have occurred, who determines the presence of bodily injury?

the victim

In order to enforcement an out of state protective order, a peace officer must have _______ ________ to believe that an order is valid and has been violated

In order to enforcement an out of state protective order, a peace officer must have PROBABLE CAUSE to believe that an order is valid and has been violated

In order to file Continuous Violence Against the actor must on ______ or more occasions in conduct the constitutes an offence under 22.01(a)(1), during a period that is _______ or ________ in duration

In order to file Continuous Violence Against the actor must on ONE (1) or more occasions in conduct the constitutes an offence under 22.01(a)(1), during a period that is TWO (2) or 12 MONTHS in duration

Sexual Assault is a horrible act meant to:

-Control

-Dominate

-Terrorize

-Humiliate

3 multiple choice options

Sexual Violence...

is an aggressive act even without the use of physical force or a weapon.

Most common

non-stranger sexual assault

3 multiple choice options

Non-Stranger Sexual Assault

-Previous sexual history

-Expectation of sexual intercourse

-Use least amount of physical force necessary

-Rarely use lethal weapons

-Rely on verbal coercion, guilt tactics, emotional manipulation, & intoxicating substances

Impact:

-Victim/Survivor (v/s) suffer from inability to trust

-Sexual Assault (s/a) is a devastating act of betrayal

-Influences their immediate decision-making process

Reasons Victim/Survivors do not report:

-shame/guilt/depressed/angry with themselves

-blame themselves

-societal attitudes

-feel a loss of control of their lives

-may find themselves in position to face offender again (school/work)

-feel betrayed by their own judgment

-perpetrator only uses as much violence needed to obtain submission

Ways trauma may present:

-There is no typical response

-Fight, flight, freeze

-Fond

Sexual Assault associated with significantly increased risk of:

-Anxiety, depression, suicidality, PTSD, OCD, Bipolar Disorder

5 Main Coping Strategies

-Minimization

-Dramatization

-Suppression

-Explanation

-Flight

3 multiple choice options

Marginalized group barriers to reporting

-People of color: lack trust in authorities/legal system

-Male v/s: Social stigmas make it difficult

-Tribal communications: poverty, lack trust in CJS

-LGBTQ+: Challenges from medical professionals, concerns of being "outed"

-Sex Workers: Fear of arrest, judgement, victim blaming

-People with disabilities: population is disproportionately impacted by Sex Violence. 3 dimension; Impairment, activity limitation, participation

-Elderly/Seniors

-Immigrants: Fear of deportation, language barrier

Basic Assumptions of Trauma-Informed Approach

4 Key Assumptions (the 4R's)

1) Realize

2) Recognize

3) Respond

4) Responsibility

3 multiple choice options

Initial police response & preliminary investigation, AVOID the following 2:

-Never treat the v/s as a suspect

-Never treat the v/s as a crime scene

3 multiple choice options

Initial Victim/Survivor Interview Objectives:

-An interview is NOT an interrogation

-Cause no further trauma or harm

-Evaluate the need for a forensic medical exam

Building rapport with Victim/Survivor:

-Introduce yourself, be prepared to repeat Q's/intro

-Be empathetic

-Prioritize/Asses v/s physical,emotional,emergency needs

-Empower them, "can bring offender to justice"

Victim/Survivor legal rights after an assault

-Right to forensic medical exam

-Conditions of Bond: v/s under 18, accused not directly communicate with v/s or go near residence, school, other locations v/s visits frequently

Sexual Assault report writing

-Recreate the reality of the SA from v/s perspective

-Details that establish elements such as premeditation or grooming behavior

-Silence is not consent. "NO" or resistance is communicated through more than just words

-Use v/s & suspects EXACT words: Verbatim

-Do not sanitize or clean up language

-Do not use consensual language in describing violent, illegal acts

-Do not use "choke". It is imperative to clarify what occurred

-Have v/s clearly describe elements enough of the offense.

-If v/s was incapacitated due to drugs/alcohol use, show why this made them more vulnerable rather than culpability

-In documenting force, be specific

target

Close proximity to the Mexican Border makes it a "_______" area for HT.

task force

In 2003 a grant from the Department of Justice enabled the establishment of a "____ _____" to address trafficking of humans.

consensual

Smuggling is based on a __________ agreement between smuggler and client while trafficking is a result of fraud, force or coercion by a suspect on a victim. Smuggling may become trafficking.

traumatized

Trafficking victims will not always self-identify or seek help. They may be too ___________ and need additional time to reveal their victimization.

coercion

Trafficking can occur without movement. Force, fraud or __________ are the necessary elements, not movement.

lawful

Trafficking victims can be U.S. citizens or ________ residents.

regardless

Anyone can be a trafficking victim, __________ of age and gender.

HUMAN TRAFFICKING CONCEPTS

Human trafficking is a form of modern-day slavery.

Victims of trafficking are exploited for commercial sex or labor purposes.

Traffickers use force, fraud, or coercion to control their victims.

Exploitation is a key element to the crime of human trafficking.

The physical movement of the victim is not a prerequisite.

Human Trafficking

________ __________ is a crime against a person.

Smuggling

_________ is a violation of law against the borders.

STAGES OF VICTIMIZATION

Vulnerability

Recruitment

Exploitation (physical and psychological)

Resolution

METHODS USED TO CONTROL VICTIMS

FORCE, FRAUD AND COERCION are methods used by traffickers to press victims into lives of servitude and abuse.

FORCE

Beating

"Seasoning"- a combo of psychological manipulation

Torture

Sexual Assault

Burning

Drug Addiction

Confinement

Branding or Tattooing

FRAUD

False promises, marriages, employment

Deceitful enticing and affectionate behavior, "the boyfriend"

Withholding wages

Misrepresenting working conditions

Misrepresenting the promise of a "better life"

COERCION

Threats Of Serious Harm Or Restraint

Intimidation/Humiliation

Emotional Abuse

Control Of Daily Lives And Brainwashing

Threats To Family Members

Deportation Threats

Confiscation Of Documents

ADDITIONAL TACTICS USED TO CONTROL VICTIMS

Debt Issues

Threats against the victims and / or family

Threatens to turn the victims into law enforcement

Two types of Human Trafficking

Sex trafficking, Labor trafficking

Sex trafficking

involves the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act in which a commercial sex act is induced by force, fraud, or coercion, or in which the person forced to perform such an act is under the age of eighteen years old.

Labor trafficking

is defined as the recruitment, harboring, transportation, provision, or obtaining of a person for labor services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery. Labor trafficking may arise in situations were exploitation can easily occur, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work.

International Labor Organization

The ____________ _______ __________ estimated more than 2.4 million people are victims of forced labor as a result of human trafficking.1

Prostitution

____________ is the most common form of trafficking in the United States

Bonded Labor, Forced Labor, Child Labor

Labor trafficking may be separated into three distinct categories which are used to exploit victims of human trafficking.

BONDED LABOR

The value of their work is greater than the original sum of money "borrowed."

Migrant farm workers

Labor camps or sweatshops

Domestic servitude

FORCED LABOR

Victims are forced to work against their will, under the threat of violence or some other form of punishment, their freedom is restricted and a degree of ownership is exerted.

Domestic servitude

Agricultural labor

Sweatshop factory labor

Janitorial services

Food service

Magazine sales

Begging

CHILD LABOR

Work likely to be hazardous to the health and/or physical, mental, spiritual, moral or social development of children and can interfere with their education.

Commercial Sex trade

Forced military service

Domestic servitude

Drug trade

Illegal Arms trade

encounter

The next prostitute, exotic dancer, illegal immigrant, runaway youth, domestic servant, or migrant worker you __________ or take into custody may be a victim of human trafficking.

Alien

anyone who is not a US citizen

U Visa

allows victims of a violent crime to stay in the US for up to three years - provided they cooperate in the prosecution of the offenders. (important note: the _ _____ does not officially exist, even though applications are being filed for them)

T Visa

allows for victims of Human Trafficking to stay in the US for up to three years - provided they cooperate in the prosecution of the offenders. Also allows for their immediate family members back in their home country to come to the US as well.

Visa

For each ____, victims are allowed to stay here up to three years - after which time they can apply for residency.

Trafficking Victims Protection Act

__________ _________ ________ - Federal Law (Title 8 USC Chap 77 Section 1581 - TVPA protects both U.S. citizens and non-citizens)

Three key components of TVPA

Prevention

Protection

Prosecution

Prevention

Through public awareness and education

Protection

Through services and benefits to help victims rebuild their lives

Prosecution

Through new law enforcement tools and efforts

FORCED LABOR OR SERVICES

means labor or services, including conduct that constitutes an offense under section 43.02 (prostitution), that are performed or provided by another person and obtained through an actor's

value

the _____ of the services provided by the person or another person as reasonably assessed is not applied toward the liquidation of the debt

duration

the _________ of the services provided by the person or another person is not limited and the nature of the services provided by the person or another person is not defined

principal

the _________ amount of the debt does not reasonably reflect the value of the items or services for which the debt is incurred

scheme, plan, or pattern

using any _______, _______, __ ______ intended to cause the person to believe that the person or another person will be subjected to serious harm or restraint if the person does not perform or provide the labor or services.

TRAFFIC

means to transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means.

TRAFFICKING OF PERSONS

A person commits an offense if the person knowingly:

- traffics another person with the intent or knowledge that the trafficked person will engage in forced labor or services; or

- benefits from participating in a venture that involves an activity described by Subdivision (1), including by receiving labor or services the person knows are forced labor or services.

- Except as otherwise provided by this subsection an offense under this section is a: FELONY OF THE SECOND DEGREE

TRAFFICKING OF PERSONS FELONY

FELONY OF THE FIRST DEGREE if:

- the applicable conduct constitutes an offense under Section 43.05 or 43.25 and the person who is trafficked is a child younger than 18 years of age at the time of the offense; regardless of whether the actor knows the age of the child at the time the actor commits the offense; or

- the commission of the offense results in the death of the person who is trafficked.

Compelling Prostitution

A person commits an offense if the person knowingly:

- causes another by force, threat, or fraud to commit prostitution; or

- causes by any means a child younger than 18 years to commit prostitution, regardless of whether the actor knows the age of the child at the time the actor commits the offense.

Compelling Prostitution Offense

- An offense under this section is a felony of the second degree.

- NOTE: 20A.02 provides that offenses under section (a)(2) are felonies in the first degree

Visual Indicators Brothel

1. Large amounts of cash and condoms

Use latex gloves when searching

2. Customer log book or receipt book

(aka: trick book

A minor commits an offense if he falsely states that he is 21 years of age or older or presents any document that indicates he is 21 years of age or older to a person engaged in selling or serving alcoholic beverages. What is the name and class of the offense?

Misrepresentation of Age by Minor

class C

A minor commits an offense if he possess an alcoholic beverage. What is the name and class of the offense?

Minor in Possession

class C

A minor commits an offense if the minor operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor's system. What is the name and class of the offense?

DUI

A minor commits an offense if the minor purchases an alcoholic beverage. What is the name and class of the offense?

Purchase of Alcohol by Minor

class C

A minor commits an offense if, with specific intent to commit an offense under Section 106.02 of this code, the minor does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended. What is the name and class of the offense?

Attempt to Purchase Alcohol by Minor

class C

A offense for the violation of consumption hours is a Class _____ __________

Class C misdemeanor (for patron)

A peace officer may arrest _________ __________ ___________ any person he observes violating any provision of the Alcoholic Beverage Code or any rule or regulation of the Alcoholic Beverage Commission

A peace officer may arrest WITHOUT A WARRANT any person he observes violating any provision of the Alcoholic Beverage Code or any rule or regulation of the Alcoholic Beverage Commission

A person commits an offense if he purchases an alcoholic beverage for or gives or with criminal negligence makes available an alcoholic beverage to a minor. What is the name and class of the offense?

Purchase of Alcohol for a Minor

class A

A person commits an offense if the person possesses an intoxicating beverage for consumption, sale, or distribution while entering or inside any enclosure, field, or stadium where an athletic event sponsored or participated in by a public school of this state is being held. What is the name and class of the offense?

Possession of Intoxicants of Public School Grounds

-class C

A person commits an offense if the person possesses an open container or consumes an alcoholic beverage on a public street, public alley, or public sidewalk within 1,000 feet of the property line of a facility that is a public or private school, including a parochial school, which provides all or any part of prekindergarten through 12 grade. What is the name and class of the offense?

Consumption of Alcoholic Beverages Near Schools

-class C

A person commits an offense if with criminal negligence he sells an alcoholic beverages to a minor. What is the name and class of the offense?

Sell of Alcoholic Beverage to a Minor

class A

Minor as defines by TABC

anyone under the age of 21

Define licensee

- holder of the license and/or

- any member of partnership or association or each officer, majority ownership interest of a corporate holder

- any agent, servant or employee of the license holder

Define permittee

- holder of the permit and/or

- any member of partnership or association or each officer, majority ownership interest of a corporate holder

- any agent, servant, or employee of the permit holder

Define alcoholic beverage

beverage containing more than ½ of 1 % alcohol by volume

_______ peace officers in the state, including those of _______, __________, and _______ level shall enforce the provisions of the Alcoholic Beverage Code and cooperate with and assist the commission in detecting violations and apprehending offenders

ALL peace officers in the state, including those of CITIES, COUNTIES, and STATE level shall enforce the provisions of the Alcoholic Beverage Code and cooperate with and assist the commission in detecting violations and apprehending offenders

Define illicit beverage

Any beverage handled in violation of the Alcohol Beverage Code. Includes beverages that are illegally manufactured, distributed, bought, sold, processed, stored, possessed, imported, or transported. Beverages on which a state tax has not been paid or the required stamp affixed are also illicit.

As provided by the Alcoholic Beverage Code, what 4 things may a peace officer seize without a warrant?

a.

b.

c.

d.

(1) any illicit beverage, its container, and its packaging;

(2) any vehicle, including an aircraft or watercraft, used to transport an illicit beverage;

(3) any equipment designed for use in or used in manufacturing an illicit beverage; or

(4) any material to be used in manufacturing an illicit beverage.

What conditions must be met for beer or mixed drinks can be served between 10am and 12 noon on a Sunday?

has to be served with food

Each holder of a license who is not otherwise required to display a sign under Section 411.204, Government Code, shall display in a prominent place on the license holder's premises a sign giving notice that it is unlawful for a person to carry a weapon on the premises unless the weapon is a concealed handgun of the same category the person is licensed to carry under Subchapter H, Chapter 411, Government Code. The sign must be at least ______ high and _____ wide, must appear in _______ colors, and shall be displayed in a conspicuous manner _______ ________ to the public.

Each holder of a license who is not otherwise required to display a sign under Section 411.204, Government Code, shall display in a prominent place on the license holder's premises a sign giving notice that it is unlawful for a person to carry a weapon on the premises unless the weapon is a concealed handgun of the same category the person is licensed to carry under Subchapter H, Chapter 411, Government Code. The sign must be at least 6 INCHES high and 14 INCHES wide, must appear in CONTRASTING colors, and shall be displayed in a conspicuous manner CLEARLY VISIABLE to the public.