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Human Trafficking

 

The information in this section is drawn from a WVFRIS Sexual Assault Services Training Academy (SASTA) course, Human Trafficking 101 for Advocates.

 

 

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).

 

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 or 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 in its publications 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 Human Trafficking Defined under 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 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. However, as mentioned earlier, persons under age 18 who perform a commercial sex act are considered under the Trafficking Victims Protection Act 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)

 

These are the definitions of the purposes of the labor trafficking:

 

  • 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 those 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 human trafficking 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.

Some differences between state and federal laws are indicated in the chart below.

 

Trafficking Definition: WV Law Trafficking Definition: Federal Law
Purpose of trafficking: debt bondage, forced labor and sexual servitude
  • Servitude means “maintaining or making available a minor for the purpose of engaging the minor in commercial sexual activity; or using coercion to compel an adult to engage in commercial sexual activity”
 Purpose of trafficking: compelled labor/service, a commercial sex act through use of force, fraud or coercion OR if a minor is induced to perform a commercial sex act, whether or not any force, fraud or coercion is involved
  • Compelled labor/service via involuntary servitude, debt bondage, peonage or slavery
Exploitative activities: recruiting, transporting, transferring, harboring, receiving, providing, obtaining, isolating, maintaining or enticing Exploitative activities: recruiting, harboring, transporting, providing, obtaining, soliciting* or patronizing* (* only in cases of sex trafficking)
Means to exploit: indebtedness (actual or perceived), threat of harm, physical restraint or deportation; physical force (actual or threat), abuse of legal process (actual or threat), or taking away government identification documents Means to exploit: force, fraud or coercion

 

See the website section on laws for more information on what is entailed in both federal and state laws related to human trafficking.

 

 

Prevalence and Dynamics

A few key points:

 

  • 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 of human trafficking, but still have an estimated almost 1.3 million labor/sex trafficking victims (8.7 Alliance, 2017).
  • In the United States, sex trafficking is reported and investigated more frequently than labor trafficking (Banks & Kyckelhahn, 2011).
  • It is estimated that human trafficking is second only to drug trafficking as the most profitable form of transnational crime (Blue Campaign).
  • More men than women are reported as human traffickers. However, males and females can both be victims and traffickers. (Polaris, 2018).
  • 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, some groups are particularly at risk for targeting by human traffickers and trafficking victimization (Polaris, 2018):

     

    • Youth, particularly those in child welfare systems, those who are considered runaways or homeless, those who lack a supportive/stable home life and those who are exposed to family abuse or neglect
    • Those who are lesbian, gay, bisexual or transgender (LGBT)
    • Foreign nationals/undocumented individuals
    • People with drug addictions
    • People who lack socioeconomic resources
    • Chronically homeless people
    • Unemployed or those in jobs that lack strong labor protections (e.g., door-to-door sales, farm work)
    • Those with a large amount of unpaid debt
    • Those with medical and mental health conditions
    • Victims of domestic violence/sexual assault or abuse as a child
    • Incarcerated individuals
  • 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. Many victims also report that traffickers advertised their services online.

 

 

Barriers to Escaping Trafficking and Getting Help

Victims face significant challenges in escaping trafficking, seeking help and accessing services. Some examples of barriers they face (which their traffickers typically leverage to keep them from leaving):

 

  • Getting away from their traffickers may pose very real physical safety threats;
  • They may view their traffickers as their only family;
  • They may have very limited options for economic survival;
  • They may have a lack of awareness of available help or how to access it;
  • They may have limited or no English proficiency, making it difficult to communicate with others, seek help and survive economically;
  • They may be isolated from others and/or lack familiarity with the area where they are living; and/or
  • They may fear law enforcement or other legal authorities.

Additional barriers may arise at the community level when responders are not fully prepared to help trafficking victims. In addition, some trafficked populations may face institutional barriers or discrimination when seeking help.

 

 

Initial Response to Human Trafficking Victims

It is essential that all responders in human trafficking cases employ a victim-centered, trauma-informed approach. See the website section on approach to victims.

 

Indicators of Human 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 key 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?

    • Awareness and education initiatives can help community members recognize human trafficking victimization, take a more active role in addressing the problem and help direct trafficking victims to appropriate services.

 

Addressing Dual Needs

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

 

  • A wide scope of assistance is often needed to address the complex needs of a human trafficking victim.
  • Stopping human trafficking usually starts with identifying potential human trafficking situations and victims, and then, if and when a case is reported, facilitating justice system interventions.

 

Some Dual Needs to Address in Human Trafficking Cases (OVC/BJA Human Trafficking Task Force e-Guide)
Potential Needs of Victims Potential Needs—Criminal Justice Process
  • Case management
  • Child-specific (dependent) assistance
  • Civil legal award
  • Clothing
  • Crime victims’ rights and benefits
  • Criminal justice assistance
  • Crisis intervention
  • Cultural community/support
  • Dental care (emergency and long-term)
  • Disability assistance
  • Education/GED classes
  • English as a Second Language (ESL) classes
  • Financial literacy
  • Family contact/reunification
  • Food
  • Housing
  • Identification documents
  • Illiteracy or limited literacy assistance
  • Job preparation and placement
  • Legal representation (immigration, criminal, civil)
  • Medical care (emergency and long-term)
  • Mental health care (emergency and long-term)
  • Public assistance benefits
  • Religious and spiritual assistance
  • Repatriation assistance
  • Safety and safety planning
  • Housing (emergency, transitional, permanent)
  • Sexual assault trauma services
  • Substance abuse services
  • Translation and interpretation
  • Transportation
  • Victim advocacy
  • Appropriate authority
  • Aggressive prosecution
  • Collaboration
  • Cooperation
  • Corroboration
  • Cross-jurisdictional cooperation
  • Effective equipment
  • Effective laws
  • Evidence
  • Expert witnesses
  • Informed judiciary
  • Interagency cooperation
  • Operational intelligence
  • Useful international laws
  • Suspect identification
  • Training (ongoing to address turnover and more advanced topics)
  • Understanding of victim-centered investigations
  • Victim identification
  • Victim support services
  • Witness support for nonvictims

 

To respond to these needs, a variety of stakeholders must be engaged in the effort.

 

An External Resource: For information on the different types of assistance that human trafficking victims may need and some related resources, see OVC/BJA’s Human Trafficking Task Force e-Guide, Section 4.4. Comprehensive Victim Services.

 

Two WV Resources for Legal and Immigrant Aid

 

  • Legal Aid of West Virginia (Main office: 304-343-4481, business hours, 922 Quarrier St., Charleston, WV 25301). Individuals seeking civil legal aid generally must meet income guidelines established by the federal government and legal issues must fall into general priority areas such as those affecting safety, livelihood, access to benefits and other basic life needs. To complete an intake application for services: call 1-888-255-4370 during business hours. To listen to the law line, call 1-888-985-2948. Legal Aid’s services can be accessed statewide through its partnership with the state’s rape crisis centers.
  • Catholic Charities of West Virginia: Immigration Services (Two offices: (1) 304-343-1036, 1116 Kanawha Boulevard, East Charleston, VW 25301; (2) 304-267-2071, 224 South Queen Street, Charleston, WV 25401.) This agency provides legal assistance to individuals eligible to apply for immigration benefits. In addition, it handles humanitarian relief in cases involving refugees and those seeking political asylum. It offers services for foreign national victims of domestic violence, certain other crimes and human trafficking. Consultations: $50. Eligibility for further services and additional costs is assessed during initial consultations.

 

Partnering Agencies at the State Level

At the state level, the West Virginia Human Trafficking Task Force is comprised of, among others, federal, state and local law enforcement representatives, service providers, victim advocates from rape crisis centers, WVFRIS, educators and representatives of the state Attorney General’s Office. It is chaired by the United States Attorney Offices from the Northern and Southern Districts of West Virginia.

 

After Identifying Potential Victims

Once potential human trafficking victims are identified by community professionals and agencies, these professionals and agencies should follow the below broad guidelines (as per the WV Human Trafficking Task Force).

 

Accessing Services in West Virginia

 

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 adult victim support/service planning (calls to these hotlines are confidential, with the exception of situations that require mandatory reporting):

 

  • Call the Local Rape Crisis Center: Rape crisis centers in West Virginia offer services to human trafficking victims and help link victims with any additional needed services. The 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.
  • The National Human Trafficking Hotline: 1-888-373-7888 or text “BeFree” (233733) will link victims back to local rape crisis center services but there is a delay in that referral process, sometimes of several days. Click here to learn more about this hotline.

 

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.

 

Initial Engagement with Victims

Human trafficking is facilitated through force, fraud and/or coercion, ultimately denying victims’ freedom. Thus, it is critical that initial responders show respect for and promote the autonomy of human trafficking victims they serve, by supporting them in making their own choices. (Macias-Konstantopoulos, 2017)

 

During initial engagement with victims, responders 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.

 

Rape Crisis Center Services for Human Trafficking Victims

Human trafficking victims can call rape crisis centers’ 24/7 for support and help. The centers’ goal when any victim calls their hotlines is for the victim to feel listened to, supported and empowered, and welcomed to call back for additional help. Key advocate tasks during hotline calls include helping callers establish their immediate safety and assess their needs; problem-solve with callers to explore options to address their needs; and action-planning with callers around specific steps they will take following the hotline conversation.

 

 

Criminal Justice Cases

 

Who is Involved?

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.

 

Building Strong Cases

A few key points (OVC/BJA, 2017):

 

  • Human trafficking cases in the criminal justice system can be extremely challenging. However, good working relationships among investigators, prosecutors, victim service providers and civil/immigrant attorneys working on victims’ behalf, and their willingness and ability to collaborate, are essential to successful investigations and prosecutions.
  • It is critical that responders—particularly those within the justice system—be able to work across jurisdictions to investigate and prosecute these cases.
  • Human trafficking investigations and prosecutions must be purposely victim-centered, as victims often testify if there is a trial. Taking the time and effort to create safe environments for victims and address their needs is paramount.
  • Victim advocates—both community-based or government-based—can play a role in helping to build a foundation of trust with victims.
  • 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.
  • Those who have been trafficked have rights as crime victims even if they have committed illegal acts during their exploitation.

 

 

Additional External Resources

 

 

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.