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

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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.

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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

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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. These task forces bring together federal, state and local law enforcement and victim services organizations to investigate all forms of human trafficking and assist the victims. The task forces can provide agencies with training and other materials to assist in identifying sex trafficking cases and victims. Many law enforcement agencies have formed their own human trafficking task force or working group of officers from local jurisdictions to better coordinate operations.

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prostitution, and thus they may be wary of victims develop survival or coping mecha­ law enforcement. Victims may be aliens nisms that manifest as distrust, decep­ from countries with systemically corrupt tiveness and an unwillingness to accept law enforcement officials who work for assistance. Sometimes they express love the sex traffickers. These victims are often for their traffickers. Given these complexi­ highly traumatized, having lived through ties, in-depth interviews with sex trafficking months or even years of brutality, sexual victims are usually best handled, whenever assaults by the traffickers and clients, false possible, by law enforcement agents with promises, and fear. In some instances, experience and training in interviewing

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children or victims of sex trafficking or sexual victim being housed after a raid, or lingering assault. The following principles will guide around agents to overhear reports or inter­ law enforcement agents who have identified views with other victims. sex trafficking cases. Do not stop investigating because Believe the victim until the investigation victims lie, especially early on. As dis­ shows otherwise, remembering that cussed above, victims may be traumatized truth is stranger than fiction. In several or fearful of law enforcement officers sex trafficking cases, the first-responding because the trafficker may have threatened officers stated that their initial reaction to harm them or their families if they are was disbelief, not necessarily of the victim truthful. This may lead victims to deceive herself but of the facts she related. For law enforcement, especially early in the example, in one case, a victim described process. Agents should anticipate this and initiation “parties” in which victims were develop a plan for establishing the victim’s held down and repeatedly raped by a series trust in order to secure truthful statements. of men with the goal of bringing as many men to ejaculation as possible. In another Experience has shown that employing case, victims described being forced a victim-centered investigation and pros­ to lay naked on a bed while 20 or more ecution model secures victims’ trust and men entered the room in approximately thereby fosters truthful statements. This 10-minute intervals and penetrated them. approach includes establishing a rapport In a third case, young middle-class college with the victim and discussing her involve­ women described being forced to engage ment in commercial sex matter-of-factly and in sex in the backrooms of popular night­ non-judgmentally, rather than attempting clubs in a particular jurisdiction. In each to secure an “admission” to facts that are case, the first-responding officer described most likely already known. This approach being suspicious because the statements can also include focusing initially on less seemed outlandish. Each of these cases sensitive, though still important information resulted in the prosecution and conviction before pressing for details on particularly of a sex trafficker. traumatic or humiliating incidents, which are better explored after establishing rap­ House and interview victims separately, port. Finally, agents who have collected and observe their interactions with evidence from documents (brothel ledgers, each other. Some women initially thought for example) and surveillance (photographs to be victims may themselves be sex traf­ of victims being transported, for example) fickers or enforcers. Sex traffickers often can use it to challenge those who refuse to use several techniques to support their be forthcoming. exploitative practices. For example, a pimp may empower a one-time victim by giving Be patient. Victims of sex trafficking are her enforcement and monitoring authority not like other crime victims, who often over other women coerced into commer­ actively seek to involve law enforcement. cial sex. These women, if housed or inter­ Obtaining truthful statements will often viewed with other victims, will often seek involve multiple interviews over weeks or to impede the investigation. Consequently, months, as the victim begins to recover when multiple victims are in the presence from her trauma. Sex trafficking victims are of one another, it is critical to observe their often most forthcoming once they realize body language to determine whether they that law enforcement will not return them are looking to a particular individual for cues to their traffickers, and once they see that or signals. In addition, such women who are officers are genuinely interested in and “promoted” to roles as monitors or enforc­ attentive to their well-being. Many traffickers ers of other victims may be observed going tell their victims that the police will not from room to room, speaking with each help them and will be interested only in

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arresting the victims for engaging in com­ mercial sex acts or for being undocumented. Most cases prosecuted by DOJ to date have One primary goal of the interviewing officer been identified by line-level police officers who is to prove the trafficker wrong by dem­ onstrating respect and understanding of encounter sex traffickers or their victims during the traumas the victim has experienced. Focusing on this goal, rather than on normal police operations. attempting to press the victim into relating the full scope of her victimization right away, will increase trust and reduce the pressure Even if one victim’s testimony seems less to withdraw, falsely deny or fabricate. convincing — for example, as a result of biases against women who have engaged Investigative First Steps: in commercial sex or who have provided Corroborating Victims’ Statements initially conflicting statements — the cumulative testimony of several women, Sex trafficking victims provide the most each describing the trafficker’s use of complete and compelling evidence for a coercion and fraud, can be persuasive successful prosecution. Law enforcement to judges and juries. officers should seek to develop additional evidence — no matter how small — to Victims often know the identities of other corroborate victims’ statements. This might victims or have heard stories about them. come from the testimony of other victims Where practical, law enforcement agents and witnesses or from physical evidence. might delay arresting the trafficker or raid­ ing the operation until they have conducted Once you have found one victim, look surveillance of known locations for additional for additional and “historical” victims. victims and defendants. Sex trafficking operations tend to involve multiple victims because traffickers seek to Law enforcement may also identify addi­ supply their clients with new women. Even tional and historical victims through media in cases where the trafficker is exploiting coverage of the arrest of the trafficker. For only one woman at any particular time, a example, after the publicized arrest of a sex history of exploiting victims is likely. Victims trafficker in one case, local law enforcement from the past are called “historical” victims. received several calls from women who said they had escaped his operation and Identifying additional and historical victims now felt safe coming forward. Although law is often key to developing a successful enforcement must be careful not to gener­ sex trafficking case for prosecution. Like ate undue community (and possibly jury) all human trafficking cases, sex trafficking prejudice against an arrestee or to further cases involve lengthy and often complex traumatize victims through excessive relationships between the trafficker and publicity, responsibly written and measured the victim. Frequently, the only people who press releases that provide a contact num­ know the facts of the exploitation are the ber for possible victims can lead additional traffickers and their victims. Although many victims to come forward and help corrobo­ sex trafficking operations keep cryptic or rate a case. coded ledgers, few offenders keep detailed documentary evidence of their exploitative Use covert methods and exhaust them conduct. A client may see parts of the opera­ before conducting a raid or arresting tion for a brief moment, as might a driver or the sex trafficker. Many law enforcement a hotel operator. But it is the victim who has officers, upon finding a credible victim of suffered the coercion and repeated sex acts, sex trafficking, seek to immediately raid and thus her testimony most completely locations the victim identifies and arrest describes the sex trafficking operation. the trafficker. Where there is evidence

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of immediate and ongoing physical harm and thereby terminating its operation. of victims or the exploitation of children, This evidence is critical for corroborating immediate raids and arrests may be the only testimony and determining the scope acceptable path. However, officers should of the enterprise, including finding other look to gather as much evidence as possible commercial sex locations and victims. before raiding a sex trafficking enterprise Although I cannot describe details of

CoMbATIng HuMAn TRAFFICkIng AT THE STATE AnD LoCAL LEVELS by Karen J. Bachar As Robert Moossy makes clear in this article, local law enforcement agencies are often in the best position to identify human trafficking victims. Recent research, how­ ever, indicates the difficulty of uncovering and investigating human trafficking cases is often caused by a lack of training, the need for enhanced communication between local law enforcement and victim service agencies, and the hidden nature of this crime. Additionally, human trafficking may take a back seat to other priorities, such as violence and drugs. Recent studies funded by the National Institute of Justice (NIJ) have revealed a need to better understand the problem. One study, for example, found that in general, officers, prosecutors and service providers could not:

■ Identify types of trafficking (for example, trafficking in sexual exploitation or trafficking in general laborers).

■ List elements of trafficking.

■ Differentiate between severe and non-severe forms of trafficking.

■ Distinguish trafficking from smuggling.

■ Differentiate between domestic and international trafficking. The same study also found communication gaps between local law enforcement and victim service agencies.4 Another NIJ study found that law enforcement agencies participating in the Depart­ ment of Justice’s human trafficking task forces (see “DOJ-Funded Human Trafficking Task Forces,” page 5) are more likely to perceive human trafficking as a problem in their communities and to have training, protocols and specialized units of personnel devoted to investigating these cases.5 These findings highlight the need for additional training for About the Author and increased awareness among Karen Bachar has been a social science analyst in NIJ’s state and local criminal justice Violence and Victimization Research Division since practitioners to help them rec- 2005. Her expertise is in the fields of violence and ognize and prosecute trafficking victimization, human trafficking, program evaluation and translating research into practice. Prior to joining cases either under state stat- NIJ, Bachar was the research director for violence utes or with federal partners. prevention studies at the University of Arizona’s Mel Promoting interagency coopera- and Enid Zuckerman College of Public Health. tion remains vital.

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specific covert methods, officers have Take a broad view of leads. Victims successfully used pole cameras, consen­ often have some contact with people sually monitored telephone calls, tracking other than the sex traffickers and clients. devices and undercover operatives to For example, victims might be taken to a gather evidence. store to buy provocative clothing or to a club to meet prospective clients. Inquire Obtain and execute search warrants, about such activities when interviewing and anticipate needing additional victims, and then interview witnesses who warrants predicated on facts you might have observed them. In one case, a discover during the execution of the store attendant testified that she observed initial warrants (i.e., roll-over warrants). the victims being monitored by the trafficker Photograph or film the exterior and when they went into a changing room. In interior of locations during execution another case, a club doorman stated that of the warrants. The most significant cor­ the trafficker arrived at the club with the roborating physical evidence in sex traf­ victims and that he controlled and monitored ficking cases typically is found in locations their movements and activities. Although where victims have lived or engaged in these witnesses did not observe brutality commercial sex. This evidence may be or commercial sex, their evidence helped documents and other items kept by the corroborate the victims’ statements that trafficker, such as debt and income ledgers, they were being compelled and controlled tally sheets, lists of telephone numbers by the trafficker. and bank records. Equally important, this evidence may be items kept by the victims, Officers should also follow the money. including diaries, provocative clothing, Sex trafficking can generate substantial condoms, lubricants and sex paraphernalia. cash. Determine from victims and other Also look for digital evidence in cell phones, witnesses whether bank accounts, wire iPods and laptops. transfers, deposit boxes or credit cards were used by the traffickers and seek to During these searches, officers typically obtain the relevant records. Investigators find evidence of additional commercial sex should seize these funds, and through locations and agents of the sex trafficker. restitution orders, courts and prosecutors In many cases, for example, officers have can transfer these funds to the victims to found addresses and telephone numbers compensate them for their trauma. of brothels and nightclubs where victims were taken to engage in commercial sex Keep track of and in touch with victims. acts. Agents should be prepared to obtain Sex trafficking investigations and prosecu­ roll-over warrants to search these locations, tions can take months or even years. During based on the evidence obtained in the that time, victims continue to live their lives initial search. and may move to different residences or even states. In several cases, law enforce­ Photographs and film of the locations are ment agents have had to expend consider­ also valuable evidence. For example, in one able resources to re-find victims so they case in which traffickers were sentenced could testify at trial. Some victims relapse to 50 years in prison, officers filmed their into drug use or commercial sex because approach to a basement brothel, their entry they feel they have no other desirable through a small door, and the squalid and options in their lives. crowded conditions inside. This kind of evidence proves particularly compelling Nongovernmental organizations and social to jurors and corroborates that the victims service providers can assist law enforce­ were not there willingly. Officers should also ment in keeping track of these victims. photograph locks and other restraints, and However, many of these organizations any posted rules or notices. are small and have limited resources, so

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ACknowLEDgMEnTS I want to thank the following people for their contributions to this article: Human Trafficking Prosecution Unit Attorney Karima Maloney, Assistant United States Attorney Susan Coppedge, FBI Agent Brett Fears and Atlanta Police Department Detective J.T. Sommers. This article is a product of work we did as a group to deliver a presentation at the U.S. Department of Justice’s Fourth National Human Trafficking Conference in Atlanta, Ga., in September 2008.

law enforcement agents cannot rely exclu­ For More Information sively on them to track all the victims in a ■ To learn more, contact your nearest case. Officers should make routine calls DOJ-funded Human Trafficking Task to victims throughout the investigation Force (see page 5) or e-mail the Human and prosecution to ensure their availability Trafficking Prosecution Unit at the for trial. U.S. Department of Justice (Human. [email protected]). More to Learn ■ Information on human trafficking and NIJ’s work in this area is available at Federal sex trafficking prosecutions have www.ojp.usdoj.gov/nij/topics/crime/ increased every year since the federal sex human-trafficking/welcome.htm. trafficking law was enacted in 2000. And law enforcement agents, prosecutors and nongovernmental organizations are learning notes how to better identify, investigate and pros­ ecute these crimes. But we still have much 1. Men and boys can also be victims of sex to learn. Police officers, federal agents and trafficking. However, cases involving men and boys do not make up a statistically signifi­ community members across the nation cant portion of the sex trafficking cases we have dedicated themselves to doing the investigate or prosecute. best job they can to combat sex trafficking. Together we will continue to increase our 2. Sex Trafficking of Children or by Force, Fraud, or Coercion, U.S. Code 18 (2007), § 1591. investigations and caseloads, rescue the victims of this brutal crime and punish the 3. Training through the International Association sex traffickers who exploit women for their of Chiefs of Police is available at www.theiacp. own greed. org (click on the training tab) and through the U.S. Immigration and Customs Enforcement NCJ 225759 at www.ice.gov. 4. Newton, P.J., T.M. Mulcahy, and S.E. Martin, Finding Victims of Human Trafficking, final About the Author report submitted to the National Institute of Justice, Washington, DC: September 2008 Robert Moossy is a federal prosecutor and director of the Human (NCJ 224393), available at www.ncjrs.gov/ Trafficking Prosecution Unit in the Civil Rights Division of the U.S. pdffiles1/nij/grants/224393.pdf. Department of Justice. Previously, Moossy was a deputy chief of the 5. Farrell, A., J. McDevitt, and S. Fahy, Under­ Criminal Section of the Civil Rights Division, where he and the lawyers on standing and Improving Law Enforcement his team prosecuted federal civil rights crimes across the country, includ­ Responses to Human Trafficking, final report submitted to the National Institute of Justice, ing police misconduct, hate crimes and human trafficking. Moossy was a Washington, DC: December 2008 (NCJ member of the prosecution team in U.S. v. Kil Soo Lee, the largest human 222752), available at www.ncjrs.gov/pdffiles1/ trafficking prosecution ever brought by the U.S. Department of Justice, nij/grants/222752.pdf. and has participated in numerous sex and labor trafficking investigations and prosecutions.

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nIJ’s Human Trafficking Research

The National Institute of Justice’s portfolio on combating human trafficking provides evidence-based research that supports the work of a wide range of practitioners — from prosecutors like Robert Moossy, who heads up DOJ’s Human Trafficking Prosecution Unit (see “Sex Trafficking: Identifying Cases and Victims,” page 2), to local police officers (see “Combating Human Trafficking at the State and Local Levels,” page 8) to victim advocates and other service providers.

NIJ’s human trafficking research focuses on:

■ The nature and extent of trafficking: Obtaining reliable estimates of trafficking in the U.S. and understanding criminal networks and trafficking operations.

■ Reducing the demand: Looking at criminal justice strategies and initiatives to reduce the demand for trafficking.

■ Detecting and investigating: Examining approaches to securing reliable information for trafficking cases; assessing efforts to solve border control and jurisdictional issues that often complicate investigations.

■ Services for victims: Evaluating the medical and legal needs of victims and identifying effective ways to secure victim and witness cooperation.

■ Prosecuting traffickers: Understanding the challenges faced when prosecuting trafficking cases; assessing problems and promising approaches in evidentiary issues and in legal tools and procedures.

For more information on human trafficking, see www.ojp.usdoj.gov/nij/topics/crime/ human-trafficking.

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