Category Archives: Human Trafficking

Do High Prison Sentences Reduce Human Trafficking?

(The following is an excerpt from my book, The Essential Abolitionist: What you need to know about human trafficking & modern slavery (2016). Beginning on January 11th, every other day I’ll be posting excerpts from my book to help readers learn more about this issue during National Slavery and Human Trafficking Prevention Month. The Essential Abolitionist answers the most often-asked questions about human trafficking, and the response to modern slavery.)

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The impulse to imprison traffickers is understandable. Traffickers who exploit the vulnerable—particularly the youngest victims—should be imprisoned for a very long time indeed. That is my opinion, and one shared by most people.

In theory, prison sentencing helps prevent crime in two ways. First, incarceration removes the opportunity for the offender to commit crime; a person in prison can’t commit crime. The second is achieved through deterrence. A potential offender may decide not to engage in a particular criminal activity for fear of going to prison. In theory, the higher the potential sentence, the higher the level of deterrence.

But there is very little empirical evidence supporting the contention that higher prison sentences prevent crime, and in 25 years of police work, I never met a criminal who examined the penal code to check the potential prison sentences before committing a crime.

Raising prison sentences alone will have limited—if any—impact on human trafficking. To be clear, I’m not opposed to high prison sentences. As a police officer investigating sex crimes, I was always trying to get the highest sentence possible depending upon the background of the offender and the circumstances of the crime. But high prison sentencing standards alone should not be promoted as an effective way of preventing crime.

The most effective means of using criminal sentencing to impact human trafficking is to prosecute and imprison for human trafficking. As examined previously, the biggest challenge in law enforcement is training those on the front lines to effectively investigate, prosecute, and obtain convictions for human trafficking charges. Before campaigning for higher prison sentences, we should examine how often current human trafficking statutes are being used and increase the awareness and expertise of police and prosecutors. These actions will increase human trafficking convictions.

Prison sentences also carry the high costs associated with incarceration. As a result, legislators may resist increasing prison sentences simply based on expense. This obstacle presents another reason abolitionists might be more effective by focusing on how current laws are employed—rather than on raising prison sentences.

I offer an additional thought, purely my own opinion, based upon my experience assisting victims of many different types of crime. Some people seek higher sentencing standards for sex trafficking than labor trafficking, usually viewing commercial sex exploitation as a form of sexual assault and therefore more heinous than labor exploitation. But consider these situations: An 8-year-old girl is forced to work as a domestic servant, beaten and abused until she is freed four years later; or the woman enslaved as a domestic servant for eighteen years—over half her life—before being identified. Should their victimizations be deemed less heinous because they were not forced into commercial sex? I’ll leave this question open for discussion.

Alas, there are no quick fixes to modern slavery. The complexities should now be apparent. There is a popular anti-trafficking slogan used to point out the difficulty of identifying trafficking victims within the hidden world of modern slavery: “Look beneath the surface.” When examining our collective approach to modern slavery, we also need to look beneath the surface for what can be truly effective.

Why are Human Trafficking Cases Difficult to Identify and Prosecute?

(The following is an excerpt from my book, The Essential Abolitionist: What you need to know about human trafficking & modern slavery (2016). Beginning on January 11th, every other day I’ll be posting excerpts from my book to help readers learn more about this issue during National Slavery and Human Trafficking Prevention Month. The Essential Abolitionist answers the most often-asked questions about human trafficking, and the response to modern slavery.)

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For a variety of reasons, human trafficking cases are more difficult to identify than other crime types. Here are some of the most common barriers.

Lack of human trafficking awareness spans every segment of society, including victims. Most victims of trafficking don’t attach the term human trafficking to their own victimization, so they rarely self-identify as a trafficking victim. I know of only one case where a victim walked into a police station and announced, “I’m a victim of human trafficking, and I want to file a report.” And in this particular situation, the victim had already met with an attorney who told the victim exactly what to do and say. Victims usually don’t know about human trafficking, just as most people in general don’t know about human trafficking.

When victims do report being victimized, they usually report a different type of crime; they say they were “forced into prostitution” or “forced to work” against their will. They may say they were threatened with physical violence or actually assaulted, but they are reporting as victims of assault, not trafficking.

Why is this lack of self-identification important? Because if a crime is not reported, there is no record of its occurrence; it doesn’t exist in the quantitative sense.

Most often, the response to any criminal activity begins with someone reporting a crime, usually by dialing 911. Most local police officers and sheriff’s deputies perform what is referred to as “reactive policing”; they react to a reported crime. (While federal agencies such as the Federal Bureau of Investigation [FBI] and Homeland Security Investigation/Immigration and Customs Enforcement [HSI/ICE] also conduct human trafficking investigations, most victims of crime contact local law enforcement agencies to report their victimization.) Lack of reporting is a fundamental reason for this common statement by police leadership: “We don’t have human trafficking in our community.”

In addition to the lack of human trafficking awareness among its victims, police officers and detectives also fail to recognize trafficking—usually due to inadequate training on the topic. If a victim reports being “forced into prostitution,” but the officer taking the report or investigating the case doesn’t know the difference between prostitution and trafficking, the case may never get examined as a case of human trafficking. Even greater difficulty can be found in identifying cases of labor trafficking, as most law enforcement officers never receive any training on labor law or violations of wage and hour employment regulations.

Training officers and detectives is both time consuming and expensive for law enforcement agencies, even if the training takes only an hour or two. Many states mandate training on specific topics (such as use of force, weapons or driver training, and updates on CPR and First Aid), leaving agencies with little time to train their officers on new emerging topics such as trafficking. Consider this: If victims don’t report being trafficking victims and the police don’t know how to recognize trafficking incidents, then few—if any—cases are identified, leading police leadership to believe trafficking is not occurring in the community. So why should they train their officers?

Mandated training sounds like the answer, but how “mandated” training is enforced must be considered when weighing this option. For example, in 2012, the California human trafficking law was modified to include a provision that “Every law enforcement officer who is assigned field or investigative duties shall complete a minimum of two hours training . . . by July 1, 2014, or within six months of being assigned to that position, whichever is later.” The intent of this provision should be applauded. But because the mandate did not include a specific penalty on agencies for not providing this training, the majority of officers in California still have not received two hours of training on human trafficking, despite a variety of efforts to create and disseminate training tools to law enforcement agencies. Abolitionists hoping to mandate training and awareness (at least at the state level) should keep this example in mind.

While it is critical for law enforcement officers to understand human trafficking, it is just as important that victim advocates and VSPs (Victim Services Providers) also receive training on how to recognize potential trafficking victims. Often, victims of sexual assault or domestic violence initially reach out to shelters or crisis centers for help, and advocates help the victims report the crimes to police. By learning to recognize human trafficking, advocates and service providers can help victims more accurately report these crimes.

Finally, the critical role of the local prosecutor’s office must be examined. Prosecutors (and public defenders) knowledgeable on trafficking may identify an incident the investigating detective failed to recognize. In addition, prosecutors who have received training specifically on trafficking laws and prosecution tactics will be more likely to charge offenders using trafficking statutes—as opposed to using other criminal statutes. If prosecutors charge offenders under a trafficking statute, offenders will be found guilty of trafficking, confirming the existence of human trafficking in the community.

In all fairness, when deciding what statutes to charge in any criminal case, prosecutors must consider the knowledge base of the potential jury and strategically choose statutes likely to return a successful conviction. The perspective of the jury members and the importance the community places on responding to human trafficking also impact the decisions the prosecutor will make. The role of the jury provides one more reason for increasing public awareness of human trafficking: An educated public brings basic knowledge to the jury pool.

These are the core reasons trafficking incidents are hard to identify, prosecute, and ultimately, count as human trafficking cases and trafficking-related convictions. The old chicken and egg analogy applies here: If trafficking cases are not identified, then they must not be occurring, which means we don’t need to provide training to investigators and prosecutors (without which they will not identify cases), which in turn perpetuates the belief that trafficking is not occurring in the community.

Of course this isn’t the case. Trafficking can occur anywhere. If law enforcement is not finding trafficking in the community, law enforcement is probably not looking for trafficking in the community.

Why is Collaboration so Difficult to Achieve?

(The following is an excerpt from my book, The Essential Abolitionist: What you need to know about human trafficking & modern slavery (2016). Beginning on January 11th, every other day I’ll be posting excerpts from my book to help readers learn more about this issue during National Slavery and Human Trafficking Prevention Month. The Essential Abolitionist answers the most often-asked questions about human trafficking, and the response to modern slavery.)

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If a multisector response is necessary and no single agency can respond to slavery alone, we must have partnerships to succeed. So why is this collaboration so difficult? Ask anyone involved in the response to trafficking, and the odds are they will say working across agencies and professional sectors can be the most challenging work they encounter.

Collaboration is among the most popular words used today. Politicians state their desire to “collaborate with colleagues across the aisle”; public agency leaders plan to “work in collaboration with local community partners.” Everyone wants to do it, but what does it mean to collaborate?

Collaboration should be viewed as something far greater than cooperation or coordination, and we can distinguish the differences by examining how much effort or commitment the work entails and what the final results will accomplish.

Cooperation can require very little commitment, as little as saying, “My organization opposes trafficking, as does yours. We are cooperating in our opposition.” Coordination implies we are supporting and complementing one another’s efforts and at some level, usually means adjusting what, how, or when we do something to help both of us achieve our goals. In anti-trafficking work, this might include law enforcement sharing information (which they are loath to do with anyone) with a VSP (Victim Services Provider) about an upcoming anti-trafficking operation so the VSP can be prepared to assist victims.

Collaboration goes beyond cooperation or coordination. Collaboration seeks to create long-term relationships and new solutions for complex problems. Looking at how task forces are organized and the diversity of professionals and organizations needed to respond to trafficking, it is clear challenges are inevitable. In the earliest stages of task force creation, establishing a process for group decision-making is critical.

Various factors can contribute to this difficulty. First, each agency’s institutional decision-making system differs. For instance, law enforcement has a clear hierarchal structure and applauds quick decision-making skills, standards that may not transfer well to non-law enforcement organizations. Some organizations may have outdated systems that need to be adapted in order to offer an improved response. For example, a VSP who in the past has worked alone might need to adapt to work with other organizations so together they can more effectively serve the special needs of trafficking victims. Other barriers can include competition over funding, “turf wars” over which organization will handle specific duties, and last but not least, agreeing upon the agency that will be seen as the leader of the task force.

On top of these institutional factors, the individuals responsible for performing the work can bring their own impediments to collaboration, including a lack of desire to engage with organizations and individuals outside their own sector, a lack of belief that trafficking exists within the community they serve, or an inability to envision new ways of addressing problems. Individuals who lack patience or who cannot view problems from another’s perspective will find collaborative work especially challenging. Often these problems fester because in order to address them, some level of collaboration must exist in the first place!

So what is the best way to stack the odds in favor of success? First, those selected for collaborative work should be chosen for their collaborative skills, not necessarily their technical skills. A task force investigator who is not interested in collaboration should focus on investigating cases; another person from the police agency can engage in the collaborative work. The same can be said for VSPs, NGOs, or CBOs involved in the task force. Many good case managers and public outreach coordinators perform their jobs exceptionally well but don’t want to take on collaborative roles and should not be forced into a role they don’t desire. Also, working with others in a collaborative environment takes time—a lot of time. This requirement must be recognized by both the person engaged in collaborative work and by their supervisors and managers.

Organizations involved in anti-trafficking work realize that to be effective, they may have to change their policies and procedures to adapt to the greater good of the task force. Good collaborators can think creatively and see past the effort required to create change—to the increased effectiveness and efficiency that will result. Most importantly, good collaborators are willing to work with others and learn from them, in an effort to find new solutions to complex problems.

The level of inter-agency and cross-sector collaboration necessary for an effective response to human trafficking is uniquely demanding. Everyone involved must understand the challenges of this collaboration. My colleague Kirsten Foot examines this topic in detail in her book, Collaborating Against Human Trafficking: Cross-Sector Challenges and Practices.[i] Kirsten’s book is highly recommended for further study.

[i] Foot, K. (2016). Collaborating against human trafficking: Cross-sector challenges and practices. Lanham: Rowman & Littlefield.

What is a Multisector Response?

(The following is an excerpt from my book, The Essential Abolitionist: What you need to know about human trafficking & modern slavery (2016). Beginning on January 11th, every other day I’ll be posting excerpts from my book to help readers learn more about this issue during National Slavery and Human Trafficking Prevention Month. The Essential Abolitionist answers the most often-asked questions about human trafficking, and the response to modern slavery.)

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A multisector (or multidisciplinary) response refers to the multiple professional sectors required for a proper and effective response to human trafficking. This term is an important addition to the abolitionist’s vocabulary since it is commonly used among agencies involved in anti-trafficking work.

If the 4P Paradigm (Prevention, Protection, Prosecution, Partnership) illustrates the potential links between the four areas of anti-trafficking effort, a multisector response with effective partnerships fosters the involvement of many people or organizations with specialized areas of expertise, skills, or specific types of capacities, such as housing for victims. It takes a village, so to speak, to provide the best response possible in a trafficking case.

One simple example helps to illustrate how many different professional disciplines might be involved in providing the services needed by a single victim. Suppose a victim was forced to work as a domestic servant for three years in the United States and is a foreign national whose visa has expired. The case is investigated and prosecuted by federal agencies. Here are the most basic services the victim will need and the professionals and organizations needed to provide them.

  • Short-term housing (shelter provider)
  • Food and clothing (shelter provider)
  • Translation services, if the victim speaks limited English (translator)
  • Immigration assistance to address expired visa (immigration attorney)
  • Medical assistance (medical doctors)
  • Emotional and psychological assistance (doctors, therapists)
  • Assistance to collect wages due from the trafficker (civil attorney)
  • Assistance to contact family members outside the U.S. (U.S. State Department or NGO)
  • Law enforcement to investigate the case (FBI and/or Homeland Security Investigations – HSI)
  • Prosecutors (United States Attorney’s Office)
  • Federal assistance to determine lost wages (U.S. Department of Labor)
  • Access to appropriate cultural, ethnic, religious support (VSP, CBO, or FBO)
  • Long-term housing while the prosecution proceeds (VSP)
  • Case manager who coordinates all of the above on the victim’s behalf (VSP)

These are the minimal needs for one person! In cases with additional victims, or victims with complex needs, this list can quickly lengthen. The specialized skills required when responding to human trafficking can be extremely diverse, though not every case requires each specialization. So how do we best coordinate access to all of the standard and potential services needed when responding to an incident of human trafficking? By creating and sustaining anti-trafficking task forces.

What is Sex Tourism, and is it Trafficking?

(The following is an excerpt from my book, The Essential Abolitionist: What you need to know about human trafficking & modern slavery (2016). Beginning on January 11th, every other day I’ll be posting excerpts from my book to help readers learn more about this issue during National Slavery and Human Trafficking Prevention Month. The Essential Abolitionist answers the most often-asked questions about human trafficking, and the response to modern slavery.)

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When hearing the phrase sex tourism, what immediately comes to mind? Usually we envision a white male, probably middle-aged or older, who travels to Asia to engage in sex with children, possibly very young children. While this is sex tourism, it is only the stereotypical image of sex tourism.

We need to adopt a broader definition of sex tourism, one that includes going anywhere to engage in commercial sex with a person whether female or male, of any age.

Traveling away from home reduces the likelihood of discovery, arrest, and being publically exposed and thus removes impediments to paying for sex. And a john who travels to any location to engage in lawful commercial sex is still involved in sex tourism; it just isn’t illegal sex tourism.

While we read about major sporting events and their link to trafficking, other circumstances can just as easily provide the conditions needed for commercial sex, conditions that increase demand—and thereby, supply. Any circumstance that brings a large number of men to an area for a short duration of time, such as conventions or sporting events, may provide the opportunity for traffickers and pimps to exploit the demand for sex by providing the supply: victims of human trafficking. As reported in the Monterey County Weekly in 2011, events such as the ATT Pro-Am and the Concours d’Elegance car show, both of which occur in Pebble Beach, California, have the potential to create the demand and hence, the opportunity for traffickers to provide the “supply” for commercial sex.[i] Trafficking can potentially increase during these and similar types of events.

Some advertisers even suggest the opportunities available once away from home. Euphemisms like, “What happens in Vegas stays in Vegas,” may provide some tacit level of approval, allowing the purchaser of sex to rationalize their activity.

Sex tourism should be defined for what it is: an easier opportunity to engage in commercial sex with someone who is likely forced to do so. The term should be used to describe any activity of this nature.

[i] Robinson, R. (2011, July 21). Undocumented women servicing field workers, streetwalkers in seeding motels, high-end flesh sold at high-end events: Sex sells in Monterey County. Monterey County Weekly. Available at: http://www.montereycountyweekly.com/news/cover/undocumented-women-servicing-field-workers-streetwalkers-in-seedy-motels-high/article_f16d4c7d-bb82-5835-a504-a63928bc2884.html

 

 

Who Can Become a Victim of Human Trafficking?

(The following is an excerpt from my book, The Essential Abolitionist: What you need to know about human trafficking & modern slavery (2016). Beginning on January 11th, every other day I’ll be posting excerpts from my book to help readers learn more about this issue during National Slavery and Human Trafficking Prevention Month. The Essential Abolitionist answers the most often-asked questions about human trafficking, and the response to modern slavery.)

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If anyone can become a trafficker, anyone can become a victim. The corollary to “human trafficking is limited only by the imagination and coercive power of the trafficker” is that becoming a victim only entails having a need the trafficker appears to fulfill and the inability (real or perceived) to overcome the force, fraud, or coercion applied.

In trafficking cases involving debt-bondage, for example, the victim is repaying a debt through their labor. Often the victim has received something of value from the trafficker. Perhaps the trafficker paid off a small debt or paid the transportation costs for the victim to travel to the place where the work will be performed, with the understanding that this debt will be repaid to the trafficker. The victim feels he owes a debt, and that may be true. But if the debt collector applies force, fraud, or coercion to keep the victim from leaving, then the debt collector becomes a human trafficker, and the debtor a victim of human trafficking.

This example illustrates why Free the Slaves co-founder and author, Kevin Bales, states the easiest way to exploit a person is to offer them a job.[i] People desperate for employment and without other options make good targets for traffickers.

While trafficking victims are often viewed by the public as relatively uneducated, timid, and perhaps unable to care for themselves, the opposite may be true; many victims of trafficking (both globally and domestically) have been empowered through education or by their families to seek a better life than the one available at home. In the course of this pursuit, these individuals can become vulnerable to exploitation.

Wouldn’t it be easier if trafficking victims had a certain appearance or fit a specific demographic? Of course it would, but that simply isn’t the case. No demographic is without risk. Young children, women, men, older adults, those mentally or physically impaired, those with little or no formal education, college students, those in the LGBTQ community—anyone can be victimized. Understanding this fact is critical for those involved in the response to trafficking or with the potential to have contact with trafficking victims.

However, the demographic patterns of verified victims indicate some populations tend to be more vulnerable to being enslaved than others. For example, we know that runaway children are at risk. Police officers who come into contact with runaways should be aware of this risk and inquire whether they have been exploited. Medical providers in regions where agricultural work is prevalent should be aware of whether trafficking occurs and if so, be mindful when coming into contact with farm workers seeking medical assistance. California law mandates police officers to attempt to identify victims of human trafficking when having contact with persons who have been deprived of their liberty, are suspected of engaging in prostitution, or are victims of domestic violence or sexual assault. These examples suggest how awareness of these trends can help abolitionists apply a level of multi-faceted critical thinking to their response efforts.

It is worth restating. Anyone can be a trafficker, and anyone can become a victim. Freeing ourselves from stereotypes will help us identify all types of victims exploited through all forms of trafficking.

[i] Ted Talks (Producer). (2010, March 29). Kevin Bales: How to combat modern slavery [Video file]. Available at: https://www.youtube.com/watch?v=HUM2rCIUdeI

Is Human Trafficking the Most Profitable Type of Crime?

(The following is an excerpt from my book, The Essential Abolitionist: What you need to know about human trafficking & modern slavery (2016). Beginning on January 11th, every other day I’ll be posting excerpts from my book to help readers learn more about this issue during National Slavery and Human Trafficking Prevention Month. The Essential Abolitionist answers the most often-asked questions about human trafficking, and the response to modern slavery.)

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No. Depending on the method used to analyze different global criminal activities, money laundering (which helps facilitate many different types of crime) generates the highest profits. In terms of specific transnational crime types, the United Nations Office on Drugs and Crime (UNODC) estimates the annual value of drug trafficking at $320 billion.[i]

In their 2014 report, Profits and Poverty: The Economics of Forced Labour, the ILO estimates the worldwide profits from all forms of forced labor (commercial sex and labor and services) are over $150 billion per year.[ii]

As explained in the previous question the ILO estimates 68% of trafficking victims worldwide are exploited via forced labor, while only 22% are victims of forced sexual exploitation. But the profits from these forms of trafficking are reversed: Nearly two-thirds of global profits ($99 billion) come from sex exploitation while $51 billion result from all other forms of forced labor.

In any case, estimating revenue and profit from illicit activities is very difficult. However, somewhere along the way this comparison became part of the conversation (and possibly, part of the justification) in the response to human trafficking.

But does it matter to the slave whether they are a victim of the second or third most profitable type of crime in the world? The discussion of money and trafficking has its place and will be examined later. But a victim of trafficking doesn’t care how profitable global slavery is; they care only about their freedom.

[i] United Nations Office on Drugs and Crime. Transnational organized crime: Let’s put them out of business. Available at https://www.unodc.org/toc/en/crimes/organized-crime.html

[ii] International Labour Organization. (2014). Profits and poverty: The economics of forced labour. Available at http://www.ilo.org/global/publications/ilo-bookstore/order-online/books/WCMS_243391/lang–en/index.htm