Human Trafficking

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Overview for Responders

U.S. federal human trafficking legislation—starting with the Trafficking Victims Protection Act (TVPA) of 2000—expanded protections for victims, crimes and penalties available to federal agents pursuing human traffickers, and for prevention efforts. Most states, including West Virginia, now have laws to support/enhance federal human trafficking laws.

Note, as explained below, West Virginia protocol calls for adult human trafficking victims to be referred to their local rape crisis center’s 24/7 hotline for initial support, information, crisis intervention and referrals for additional services. 

Scope of the Problem

In general terms, human trafficking involves the use of force, fraud or coercion of an individual to obtain some type of labor or commercial sex act (Blue Campaign). It is a violation of an individual’s human rights.

Human trafficking is a major problem internationally and in the United States (Polaris Project or Polaris, 2018). In the United States, it occurs in all areas of the country: cities, suburbs and rural areas. Every year, thousands of human trafficking cases are reported in the United States, but many more go undetected because human trafficking is a hidden crime. Victims might be afraid to come forward and the public and professionals may not recognize the signs, even if it’s happening right in front of them. (Blue Campaign).

Note that while the term “modern slavery” has been and continues to be used to generally describe human trafficking, WVFRIS avoids use of this term in this context due to concerns that it may be considered exploitative. For further explanation, see the National Sexual Violence Resource Center (NSVRC) blog, Reconsidering the Use of the Terminology ‘Modern Day Slavery’ in the Human Trafficking Movement (Harrison, 2018).

How is It Defined?

For more on specific laws, see Federal Human Trafficking Laws and West Virginia Human Trafficking Laws.

U.S. Federal Law

According to federal law, human trafficking is a crime involving the exploitation of someone, for the purpose of compelled labor or a commercial sex act, through the use of force, fraud or coercion. Where a person younger than age 18 is induced to perform a commercial sex act, it is a crime regardless of whether there is any force, fraud or coercion.

Sex Trafficking. Under federal law, sex trafficking is the: recruiting, harboring, transporting, providing, obtaining, soliciting and/or patronizing of a person for the purpose of a commercial sex act, in which a commercial sex act is induced by force, fraud or coercion. As mentioned, persons under age 18 who perform a commercial sex act are considered under the TVPA to be victims of human trafficking, regardless of whether force, fraud or coercion was present. (22 USC § 7102)

A commercial sex act is any sex action on account of which anything of value is given to or received by any person.

Labor Trafficking. Under the federal law, labor trafficking is the recruiting, harboring, transporting, providing or obtaining of a person for labor or services, through the use of force, fraud or coercion, for the purpose of subjection to involuntary servitude, debt bondage, peonage or slavery. (22 USC § 7102)

Definitions of the various types of labor trafficking as per federal law are as follows:

• Involuntary Servitude: 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
• Debt Bondage: Includes a pledge of services by the debtor or someone under the debtor’s control to pay down known or unknown charges (e.g., fees for transportation, boarding, food, and other incidentals; interest, fines for missing quotas, and charges for “bad behavior)
  • The length and nature of debt bondage services are not respectively limited and defined, where an individual is trapped in a cycle of debt that he or she can never pay down
• Peonage: A status or condition of involuntary servitude based on real or alleged indebtedness
• Slavery: A state of being under the ownership or control of someone where a person is forced to work for another

WV Human Trafficking Law

The WV law identifies three types of human trafficking: debt bondage, forced labor and sexual servitude.

• Like the federal law, a distinction is made for minors who are sexual servitude victims in that no coercion is required.
• If convicted of these crimes, traffickers face significant penalties, with more severe penalties for trafficking children.

Key Similarities and Differences: Federal and State Laws

• Purposes of Trafficking Defined
  • WV law: (1) debt bondage, (2) forced labor and (3) sexual servitude (which means maintaining or making available minors for the purpose of engaging them in commercial sexual activity OR using coercion to compel adults to engage in commercial sexual activity)
  • Federal law: (1) compelled labor or service (via involuntary servitude, debt bondage, peonage or slaver) or (2) commercial sex acts (through use of force, fraud or coercion OR if minors are induced to perform commercial sex acts, whether or not any force, fraud or coercion is involved)
• Exploitative Activities Defined
  • WV law: recruiting, transporting, transferring, harboring, receiving, providing, obtaining, isolating, maintaining or enticing
  • Federal law: recruiting, harboring, transporting, providing, obtaining, soliciting* or patronizing* (* only in cases of sex trafficking)

What to Know

Prevalence and Dynamics

• It is estimated that human trafficking is second only to drug trafficking as the most profitable form of transnational crime (Blue Campaign).
• It is estimated there are many millions of human trafficking victims worldwide. Women and girls are disproportionately affected (International Labor Organization, 2017). The Americas (Latin America, the Caribbean, the U.S. and Canada) had the lowest estimates, with almost 1.3 million victims estimated in 2017 (8.7 Alliance).
• The majority of individuals who are victims of human trafficking in the United States are U.S. citizens; however, victims can come/be brought from other countries (Polaris, 2018).
• Victims of human trafficking can come from any background—they can be any age, gender, race or immigration status (Blue Campaign). However, certain groups are particularly at risk for targeting by traffickers and for victimization (Polaris, 2018): youth, LBGTQ individuals, people with drug addictions, people who lack resources, chronically homeless people, people who are unemployed/in jobs that lack strong labor protections, people with significant unpaid debt, people with medical and mental health conditions, victims of domestic or sexual violence or abuse as children, and incarcerated individuals.
• Victims can be sex trafficked, labor trafficked or both. Examples of locations where sex and labor trafficking occur include hotels, casinos, truck stops, migrant labor housing, sporting events and strip clubs. Sex trafficking is reported and investigated more frequently in the U.S. than labor trafficking (Banks & Kyckelhahn, 2011).
• More men than women are reported as human traffickers. However, males and females can both be victims and traffickers. (Polaris, 2018).
• Traffickers can be lone individuals or in extensive criminal networks. Pimps, gangs, family members, intimate partners, labor brokers, employers of domestic servants, small business owners and large factory owners have all been found guilty of human trafficking. Also, traffickers and their victims often share the same national, ethnic or cultural background, allowing traffickers to better understand and exploit victims’ vulnerabilities (Polaris, 2018).
• Human traffickers lure and ensnare people into forced labor and commercial sex acts by identifying and exploiting their vulnerabilities.
  • Human traffickers often leverage their victims’ vulnerabilities in order to create dependency. They make false promises aimed at addressing their victims’ needs in order to impose control. As a result, victims become trapped and fear leaving for many reasons, Human traffickers’ tactics used to control victims are similar to tactics used by domestic abusers.
  • In some cases, human traffickers simply kidnap victims or use violence or substance abuse to control them.
  • In the case of foreign national victims, human traffickers may control and manipulate these individuals by leveraging the non-portability of many work visas as well as the victims’ lack of familiarity with surroundings, laws and rights, language fluency and cultural understanding.
• Human traffickers will often use the Internet and social media to connect with and recruit victims, as well as to advertise their “services.”

Barriers for Victims to Seeking Help

Victims face significant barriers in escaping trafficking, seeking help and accessing services. In addition to dealing with physical safety threats, challenges to getting help may arise for reasons such as:

• Victims may be trafficked by their family or view their traffickers as their family (and fear rejection if they seek help).  
• Traffickers may be their intimate partner or parent/guardian and use a variety of tactics to control them.
• Victims may be reluctant to leave their trafficking situation due to factors such as—having extremely limited options for economic survival, lacking awareness of available help and how to access it, having limited or no English proficiency, being isolated from others or lacking familiarity with the area where they are now living, and/or being afraid of legal authorities.

In family‐controlled trafficking situations, the dynamics of victim isolation, control and abuse may be subtle. For example, abuse and neglect might be normalized early in victims’ lives. Rather than being homeless, victims might move among homes of relatives and friends. For minor victims, parent/guardians may be out of the picture or may be involved in or facilitating the trafficking. Victims may be using/abusing drugs.

Community Response

Many professionals and agencies potentially come into contact with victims via through a coordinated community response to individual human trafficking cases. Some serve as entry points for victims to escape trafficking situations. Some offer victims support to address their immediate trauma as well as survival and healing needs. Some provide opportunities for victim identification and case investigation. Federal and state human trafficking laws promote the formation of multidisciplinary task forces to lead such efforts.

The West Virginia Human Trafficking Task Force is comprised of federal, State and local law enforcement representatives, service providers, victim advocates, educators and representatives of the U.S. Attorney’s Offices.  Its purpose is to combat labor and sex trafficking and serve victims through multidisciplinary collaboration. It works to achieve this goal through public awareness activities, training, investigative coordination among law enforcement agencies, building a network of service agencies, establishing protocols and addressing the problem statewide.

Indicators of Trafficking

For trafficking victims who come into contact with rape crisis center advocates and other allied professionals but who don’t self-identify as victims, recognizing indicators of human trafficking is the first step in identifying these individuals as trafficking victims and offering them targeted resources to meet their specific needs.

Key indicators to help recognize human trafficking victims (Blue Campaign):

• Work/living environment: Does the person have freedom of movement? Can the person freely leave where they are living? Is the person living in unsuitable conditions? Has a child/ teen stopped attending school? Is a child/teen engaged in commercial sex acts?
• Mental health/behavior: Has the person had a sudden or dramatic change in behavior? Is the person disoriented or confused or showing signs of mental or physical abuse? Is the person fearful, timid or submissive?
• Physical health: Does the person have bruises in various stages of healing? Does the person show signs of having been denied food, water, sleep or medical care?
• Lack of control: Is the person often in the company of someone to whom they defer, or someone who seems to be in control of the situation (e.g., where they go or who they talk to)? Does the person appear to be coached on what to say? Does the person appear disconnected from family, friends, community organizations or houses of worship? Does the person lack personal possessions and appear to lack a stable living situation? Do they take unreasonable security measures?

Dual Needs in these Cases

A comprehensive community response to trafficking cases involves addressing the needs of the victims and working to stop human traffickers.

Trauma-Informed Approach

Experiencing sex or labor trafficking can be extremely traumatic for victims. Their trauma is often complex, as they typically face ongoing rather than one-time trafficking victimization. Many have also endured other trauma-inducing events in their lives (abuse as a child or an adult, lack of stable home as a youth, drug abuse, etc.). To help victims move towards healing and lessen the negative impact of their trauma experiences, it is essential that all involved professionals utilize a trauma-informed approach.

A trauma‐informed approach incorporates:

• Asking “what happened to you?” rather than “what’s wrong with you?”
• Having basic knowledge of trauma and its impact on victims
• Understanding victims’ trauma triggers to minimize re‐traumatization
• Providing information about trauma to victims
• Supporting emotional safety for victims by offering aid in managing feelings, gaining more control of the situation and getting feedback on services needed
• Recognizing providers’ triggers and creating emotional safety for them

Note that victims’ “survival strategies” can affect their ability to reach out for assistance. For instance, some victims:

• Choose not to disclose their victimization history due to their past experiences
• Consider their trafficker their love interest—leaving them is an option they may not want to consider
• Stay silent about their pimp or family-controlled trafficker out of self-preservation
• Deny or retract statements made to responders in order to gain some control over the process
• Overlook their injuries due to ignorance, shame about their body, a lack of self-worth or simply resignation to the fact that their trafficker will not let them access care
• Direct their anger towards responders—it may be safer than anger at their trafficker

Who is Involved in Response?

Victim Assistance. As per protocol of the WV Human Trafficking Task Force, professionals and agencies in the State are to refer adult human trafficking victims to their local rape crisis center’s 24/7 hotline for support. WV’s rape crisis centers serve as initial points of contact for adult victims, referring them to appropriate services. Minor victims are to be initially referred to the WV Abuse and Neglect Hotline at 800-352-6513 for assistance. (See below.)

In Criminal Cases. The following professionals and agencies might be involved in the criminal justice response to human trafficking, if it is reported to law enforcement (OVC/BJA, 2017):

• Local and state criminal trafficking investigations may include the local police department, sheriff or state police, specialized state police investigators, and/or the local prosecuting attorney’s office.
• Federal criminal human trafficking investigations usually include the FBI and the Department of Homeland Security’s HSI (one or both), the local United States Attorney’s Office (USAO), and sometimes the Human Trafficking Prosecution Unit in the Criminal Section of the Civil Rights Division at the U.S. Department of Justice.
• In local, state and federal cases, civil agencies (local, state and federal) may be brought into a criminal investigation to assist. Civil agencies may also refer a case to criminal agencies for criminal investigation.
• Successful investigations include one or more service providers that offer support to the human trafficking victim. Some victims may be represented by a civil attorney, immigration attorney (if they are foreign nationals) or both.

Collaboration in these cases among local, state and federal law enforcement and prosecution agencies – as well as victim service providers and civil/immigration attorneys working on victims’ behalf – is critical to identify and access language interpreters as needed, determine best practices strategies for investigation and prosecution, and effectively interview human trafficking victims. Law enforcement and prosecuting agencies that have victim witness specialists on staff are urged to utilize them in responding to the needs of human trafficking victims. If victims are already connected with rape crisis center victim advocates or advocates from domestic violence programs, systems-based victim service professionals are strongly encouraged to collaborate with them to address victims’ comprehensive needs.

Victims required a range of services for stability, safety and recovery. However, the provision of assistance must not be tied to reporting or cooperating with investigation or prosecution. Also, those who have been trafficked have rights as crime victims even if they have committed illegal acts during their exploitation. (OVC/BJA, 2017)

Response to Victims in WV

Once potential human trafficking victims are identified, community professionals and agencies are to follow guidelines of the WV Human Trafficking Task Force, working with victim service providers to ensure a timely response to victims.

• In cases of immediate danger, call 911. Non-law enforcement professionals should not attempt to confront a suspected trafficker directly and should not alert a victim to their suspicions. Safety is paramount. If there is an emergency situation or to report suspicious activity that is happening “right now,” call 911.
• To learn about help available, reporting options and for victim support/service planning (calls to these hotlines are confidential, with the exception of situations that require mandatory reporting):
  • Refer/connect adult victims to the local rape crisis center: Rape crisis centers in West Virginia offer victims support, crisis intervention, help in establishing their safety, help in identifying and prioritizing their needs, information/problem-solving about their options (e.g., services and reporting), and assistance in planning their next steps. Rape crisis centers’ goal when any adult victim calls their hotlines is for the victim to feel listened to, supported and empowered, and welcomed to call back for additional help. (WV rape crisis centers are referral sources for the National Human Trafficking Hotline. Being an official referral source enables the National Hotline to refer calls they receive from adult human trafficking victims in West Virginia to the appropriate State/local referral agencies based on victims’ needs and available services.)
    • Adult victims have the option to report the trafficking to the WV Fusion Center at 866-989-2824. The center will then make the determination of the appropriate investigative entity and then make that referral.
• Refer minor victims to the WV Abuse and Neglect Hotline at 800-352-6513 and State Police.

Victim Choice to Report and Cooperate with Criminal Justice System

Human trafficking victims generally have the right to choose whether to report their victimization to law enforcement. Exceptions occur in circumstances where a child or vulnerable adult abuse or neglect is suspected or in situations where there is reason to believe there is imminent harm of death or serious bodily injury. In any case when human trafficking is reported, whether by a victim or another party, victims are not required to cooperate with investigation or prosecution.

Engagement with Victims

All responders engaging with victims can (in part from International Organization of Adolescents and Courtney’s House):

• Reassure victims that they are in control of the conversation and then follow through. For example, focus on victims-identified concerns, follow the victims’ pace in the conversation, and support victims’ decisions regarding what resources or services they want (if they want any) and how they will access them.
• Avoid alienating victims. Make sure that agency information gathering needs do not dominate intake sessions at the expense of the individual feeling heard and supported.
  • Recognize that victims may take an incremental approach to reaching out for help that includes first “testing the waters” to see if their help seeking results in the support that they desire and that is in their best interest. Victims may not be ready to tell you anything or everything at once.
  • Ask open-ended questions.
  • Reassure victims that there are no right or wrong answers.
  • Don’t ask unnecessary or repetitive questions. Don’t press for details if they are not offered. Make it clear that it is OK to decline to answer any questions.
  • Do not to ask victims about their experiences unless the questions are related directly to agency service provision or providing a referral. Such questions are more the role of professionals trained in forensic interviewing.
  • Convey that you believe them.

Safety planning can be critical while a victim is experiencing trafficking, particularly during the process of leaving and once the victim has left. Safety planning with an advocate or other responder can assist victims in (1) assessing their safety risks and concerns, (2) creating strategies to avoid or reduce threats of harm and (3) identifying options for responding when safety is compromised. For more online information specific to trafficking, advocates can refer victims to the National Human Trafficking Hotline webpage, Safety Planning.

Also see What Victims Need to Know, for additional information on safety planning.

Relief for Recent Immigrant Victims

Human trafficking victims in the U.S. who are foreign nationals (not U.S. citizens, U.S. permanent or temporary legal residents or persons in U.S. custody) often prefer to remain in the U.S. They may seek lawful immigration status for themselves and their families, relief from the threat of removal (deportation), work authorization and federally funded public benefits. Other victims may prefer to return to their home countries and need assistance with safe repatriation. The following general information can help victims get started in inquiring about and seeking immigration relief:

• There are several types of federal immigration relief that they may be eligible for: Continued Presence is a form of short-term relief that law enforcement can apply for on behalf of victims, while eligible victims can apply for T visas, U visas, VAWA self-petitions, VAWA cancellation of removal and other types of relief. (See this Protections for Immigrant Victims infographic.)
• Relief options are similar, but their differences may lead victims to apply for one over another (although they may be eligible for several). Examples of differences: annual caps for number of visas granted, application processing times, eligibility requirements, need for cooperation with/certification from law enforcement, if family members can be included on applications as beneficiaries, what is granted, if certification is needed to access benefits, etc.
• Determining eligibility and options best suited for a particular victim’s situation can be complicated, as can the application processes.
• Confer with an immigration lawyer for legal advice and assistance. While victims can apply for many types of immigration relief on their own, immigration attorneys can assist in identifying which forms of relief they qualify for, and which would be the most helpful given their circumstances. Immigration attorneys can also assist with application processes, help victims understand and address related challenges, and provide guidance on seeking fee waivers. Consultation with an immigrant attorney is particularly important when complicating circumstances exist that might lead to the denial of a victim’s application. A victim might have multiple circumstances that need to be addressed. Some WV resources:
  • Catholic Charities of West Virginia: Immigration Services—304-343-1036 (East Charleston) or 304-267-3071 (Martinsburg). Provides legal assistance to individuals eligible to apply for immigration relief/benefits. Consultations are $50; however, the agency has a fee waiver/reduction policy based on client income. Eligibility for further services and costs are determined at the initial consultation.
  • West Virginia University’s College of Law, Immigration Law Clinic serves foreign nationals who need help
    with immigration proceedings. Call 304-293-7249 or email cliniclaw@mail.wvu.edu.
  • Legal Aid of West Virginia (LAWV), Human Trafficking Attorney, may be a resource for individuals to
    apply for VAWA self-petitions. Call 304-697-2070 ext. 2510.
  • WV State Bar’s Lawyer Referral Service: Call 304-553-7220 or search for an immigration lawyer online.

Note that evolving federal immigration policies can affect the type of immigration relief available to trafficking victims.

Resources

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References

Banks, D. & Kyckelhaln, T. (2011). Characteristics of suspected human trafficking incidents, 2008-2010. Washington, DC: U.S. Department of Justice, Bureau of Justice Statistics.

Blue Campaign. (2018). Awareness and education materials. Washington, DC: U.S. Department of Homeland Security.

International Labor Organization. (2017). Global estimates of modern slavery: forced labor and forced marriage. Geneva, Switzerland: Author.

Macias-Konstantopoulos, W. & Owen, J. (2018). Adult human trafficking screening tool and guide. National Human Trafficking Training and Technical Assistance Center (NHTTAC).

International Organization for Adolescents (IOFA) and Courtney’s House. (n.d.). Engaging potential survivors of commercial sexual exploitation of children (CSEC) or minor sex trafficking. Authors.

Polaris Project. (2018). Current federal laws [Webpage]. Washington, DC: Author.

Polaris Project. (2018). The facts [Webpage]. Washington, DC: Author.

Polaris Project. (2018). Recognize the signs [Webpage]. Washington, DC: Author.

Office for Victims of Crime (OVC) and Bureau of Justice Assistance (BJA). (2017). Human trafficking task force E-guide. Washington, DC: U.S. Department of Justice.

8.7 Alliance–Global Alliance to Eradicate Forced Labor, Modern Slavery, Human Trafficking and Child Labor. (2017). Regional brief for the Americas. Author.