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Sex Trafficking: Identifying Cases and Victims by Robert Moossy, J.D

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Sex Trafficking: Identifying Cases and Victims by Robert Moossy, J.D Sex Trafficking: Identifying Cases and Victims by Robert Moossy, J.D. A police officer at a mall is approached by a frantic and scared young woman running from a store that sells provocative women’s clothing. She asks for help and says she’s being held against her will. Later, she tells the police that she is a U.S. citizen and is being beaten by a pimp who is forcing her to prostitute herself in motels throughout the area. An anti-trafficking hotline receives a call from a man who says he has just been to a brothel, where he met a Central American woman who cried and said she was afraid the brothel operators would hurt her family in her home country if she did not prostitute. The caller says the brothel is next to a migrant labor community and the women in the brothel are undocumented and afraid of being deported. Federal agents receive a call from a worried parent who says his 13-year-old daughter is engaging in commercial sex to earn money for a man she calls her boyfriend. his is sex trafficking, and these women providing or obtaining either: (1) an adult for are its victims.1 If properly identified, commercial sex by force, fraud or coercion, Tinvestigated and prosecuted, the traf- or (2) a juvenile for commercial sex, regard­ fickers in these examples face 15 years mini- less of the means. Law enforcement and mum mandatory imprisonment and up to a our nongovernment-organization partners life term in federal prison. Such severe facts most often see cases in which pimps coerce and corresponding punishments confirm women and girls, both U.S. citizens and that sex traffickers are, indeed, engaged in aliens, into prostitution. modern-day slavery. In the last eight years, since the enactment Sex trafficking is a particularly degrading form of the federal sex trafficking criminal of human trafficking, defined generally as statute in 2000,2 the number of human recruiting, enticing, harboring, transporting, trafficking cases brought in federal courts 2 NIJ JOURNAL / ISSUE NO. 262 has dramatically increased. Although great a stream of paying clients, or “johns,” and strides have been made in combating sex provide an array of new victims. Both these trafficking, we can and must do a better job activities require traffickers to become more of identifying victims of this crime. Human “public,” providing opportunities for law trafficking is a serious federal civil rights enforcement to intervene. The following crime and combating it is a top priority of not principles will help officers as they seek only the U.S. Department of Justice (DOJ) to do so. and the federal government as a whole, but also of many state and local governments. In Develop and implement training and fact, to date, at least 39 states have passed referral programs on sex and human sex trafficking laws. trafficking for both law enforcement officers and others in the community. As in all human trafficking cases, our goal These programs must include training on is to identify the victims so that we can recognizing indicators of sex trafficking and not only punish the traffickers, but also reporting potential sex trafficking to experi­ help restore the lives of those the traffick­ enced investigators. ers have harmed. DOJ and the Human Trafficking Prosecution Unit now have Although Congress created the federal more than eight years’ experience identify­ crime of sex trafficking in 2000 and states ing and helping sex trafficking victims. We are enacting sex trafficking statutes, we still have learned from our successes and our need to raise awareness and educate law failures and have identified some promising enforcement about this crime. Most cases practices for: prosecuted by DOJ to date have been identi­ fied by line-level police officers who encoun­ ■ Identifying potential victims of sex ter sex traffickers or their victims during the trafficking. normal course of operations: during routine traffic stops, on domestic violence calls, ■ Assessing potential sex trafficking while inspecting liquor licenses, and when matters. intercepting truant children. ■ Prioritizing which investigative steps to take first. On the other hand, police officers have not always identified the crime during actual Common to all these practices is our reli­ encounters with sex traffickers. For exam­ ance on a victim-centered investigation and ple, in one case in which the sex trafficker prosecution model, which recognizes that is now serving a life sentence for beating the victims of sex trafficking are often trau­ and raping women to force them into matized. During their first contacts with law prostitution, local police had suspicious enforcement, victims are likely experiencing encounters with the offender and his victims serious physical and psychological harms on at least two occasions before identifying and injuries resulting from their exploitation. the situation. In one of these encounters, a To obtain useful evidence from victims, law patrol officer pulled a van over for a traffic enforcement agents — often working with violation and observed that it was occu­ social services providers — first must aid pied by scantily clad young women who the victims and thereby gain their trust, confidence and cooperation. Identifying Potential Victims Editor’s Note This article is derived from a presentation given by Sex trafficking is in some respects a hidden the author at the U.S. Department of Justice’s (DOJ) Fourth National Human Trafficking Conference in Atlanta, crime, perpetrated in alleys, brothels and Ga., in September 2008. The National Institute of Justice illicit massage parlors. But for the sex participated in the conference, which was funded in part trafficker to make money — his or her by components of DOJ, including the Bureau of Justice ultimate goal — the trafficker must obtain Assistance and the Office for Victims of Crime. 3 NIJ JOURNAL / ISSUE NO. 262 appeared to be afraid of the driver. The offi­ to report them to law enforcement agencies. cer thought something was amiss, but did Often a key factor in building a successful not know how to characterize the situation relationship with these groups — one that or to whom to report it. will lead to identifying cases — is establish­ ing contact before a victim is identified To be truly effective, training programs on and emphasizing that law enforcement’s human trafficking must teach case identifi­ interest is in catching the sex trafficker, not cation to all officers in the department (not in arresting the health clinic’s or community just vice officers) and offer other special­ group’s clients. ized training to a few who can then lead a response team when a case is identified. Work with confidential informants. Several law enforcement agencies and Law enforcement has identified numerous organizations, including the International sex trafficking cases based on information Association of Chiefs of Police and the provided by confidential informants, such U.S. Immigration and Customs Enforce­ as taxi drivers, johns, bar patrons and others ment, have developed training programs who have contact with commercial sex for identifying sex trafficking victims.3 operations. Many traffickers operate in and target specific communities: construction Contact law enforcement agents in workers from a particular region in Mexico, neighboring jurisdictions and develop Korean businessmen or regular patrons of a a reporting relationship with them. particular nightclub. Because offers of com­ Because traffickers are mobile and cross mercial sex are not made to outsiders, such jurisdictional lines, victim identification as someone with a different Mexican dialect, training must be implemented not just in traditional “sting” or undercover operations one jurisdiction, but in neighboring jurisdic­ often do not work in these environments. tions as well. Sex traffickers often operate Instead, officers must identify and recruit in multijurisdictional networks, transporting people who operate at the fringes of these their victims to various brothels, motels, sex trafficking ventures. In one case, a taxi communities and towns. An officer in driver reported that he was receiving calls one agency might intercept and identify to pick up very young women from a par­ a sex trafficker operating in a neighboring ticular address and deliver them to hotel jurisdiction. Likewise, one sex trafficker rooms. Law enforcement worked with this may prostitute his victims in several towns informant to identify a network of houses or even states. The evidence needed to where victims were held by pimps and other successfully identify a situation as sex taxi drivers who were prostituting juvenile trafficking might stem from leads in several girls. The success of this approach hinges, different jurisdictions. (See “DOJ-Funded of course, on an agency’s ability to identify Human Trafficking Task Forces,” page 5.) potential confidential informants. Make regular contact with local non­ Assessing the Matter governmental organizations that might assist sex trafficking victims and ask for Once a potential sex trafficking victim is leads. When sex trafficking victims escape identified, an officer must assess the victim their exploiters, they often do not report and her statement for possible further law their exploitation to the police. Instead, enforcement action. This typically involves they go to nongovernmental organizations interviewing the victim and evaluating serving domestic violence and sexual assault her credibility. victims, community health clinics, and groups that assist immigrants or people of a particu­ Interviewing sex trafficking victims presents lar ethnicity. Law enforcement should make unique challenges: Unlike many crime an affirmative effort to train these groups victims, sex trafficking victims may be to recognize sex trafficking indicators and afraid they have committed the crime of 4 NIJ JOURNAL / ISSUE NO. 262 DOJ-Funded Human Trafficking Task Forces To facilitate multidistrict contacts and cooperation in sex trafficking cases, the U.S. Department of Justice has funded 42 jurisdictions and 36 trafficking victim services providers to form human trafficking task forces to identify and rescue victims of trafficking by proactively investigating such cases.
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