Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States (2013) / Chapter Skim
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5 The Legal System
5 The Legal System
Pages 197-234
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From page 197... ...
As part of its charge, the committee was asked to review selected efforts in law enforcement to prevent commercial sexual exploitation and sex trafficking of minors and to intervene with victims and offenders. This chapter describes how the legal system -- specifically law enforcement personnel, attorneys, the juvenile justice system, and in some instances the adult criminal justice system -- interacts with the victims and survivors of commercial sexual exploitation and sex trafficking.
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From page 198... ...
First, several of the studies, reports, and efforts cited in this chapter (Clawson et al., 2006; Farrell et al., 2008, 2012) describe law enforcement responses to human trafficking broadly, and are not specific to commercial sexual exploitation and sex trafficking of minors.
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From page 199... ...
These efforts include the Project Safe Childhood Initiative and the Department of Justice–funded Internet Crimes Against Children Task Forces, described in more detail below. (See Chapter 10 for further discussion of multisector and interagency efforts to address commercial sexual exploitation and sex trafficking of minors.)
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From page 200... ...
This database provides information on interstate movement, names, aliases, and physical characteristics BOX 5-1 Use of Tips from the Public and Electronic Service Providers to Enhance the Law Enforcement Response to Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States The National Center for Missing and Exploited Children's (NCMEC's) CyberTipline is an Internet-based reporting tool operated in partnership with the Federal Bureau of Investigation (FBI)
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From page 201... ...
. The Innocence Lost National Initiative often is seen as successful in providing a federal law enforcement-based mechanism for responding to cases of commercial sexual exploitation and sex trafficking of minors.
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. In addition, during its site visits and public workshops the committee heard expert testimony that secure detention can be an additional trauma and is therefore especially harmful to minors who are victims of commercial sexual exploitation and sex trafficking (Puig-Lugo, 2012; Serita, 2012; Sherman, 2012)
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. Police agencies can take several steps to prepare to handle cases of commercial sexual exploitation and sex trafficking of minors: dedicating a unit or personnel to handle cases, training officers about trafficking, developing protocols for trafficking cases, and participating in human trafficking task forces.
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. The committee is unaware of evaluations of any police training curricula related to commercial sexual exploitation and sex trafficking of minors; however, the need for and value of such training was consistently mentioned in testimony before the committee.
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From page 205... ...
. For example, the Boston Police Department, as part of a federally funded human trafficking task force, developed protocols that included monitoring police reports to identify potential victims of commercial sexual exploitation and sex trafficking proactively and maintaining partnerships with social service and other law enforcement agencies to facilitate referrals when appropriate (Farrell et al., 2008)
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From page 206... ...
One barrier to responding appropriately and effectively to victims and survivors of commercial sexual exploitation and sex trafficking of minors is the failure of law enforcement personnel to recognize these crimes as pressing criminal offenses (Clawson et al., 2009)
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From page 207... ...
A nonrepresentative sample of federal stakeholders indicated that local law enforcement needed training in investigating cases of commercial sexual exploitation and sex trafficking of minors in the United States. Specifically, officers needed training in obtaining victim testimony in ways that do not coerce or further harm the victim, corroborating stories, obtaining physical evidence, and following paper trails (Clawson et al., 2006)
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From page 208... ...
Lessons Learned from Related Crimes and Practice Instructive and encouraging lessons regarding changes in culture and perceptions may be found in changes in the law enforcement response to domestic violence over the last 40 years. As noted in Chapter 3, there are many parallels between domestic violence and commercial sexual exploitation and sex trafficking of minors, including similar power and control dynamics, reluctance of victims to self-report or cooperate with the investigation and prosecution, and complex cases that necessitate the involvement of a number of diverse agencies to provide needed services.
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From page 209... ...
Additional research would help identify effective approaches used with victims of sexual assault and domestic violence. Some research suggests, however, that traditional approaches to working with victims may not translate to victims of commercial sexual exploitation and sex trafficking of minors (Ryon et al., 2012)
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. Because of the hidden nature of commercial sexual exploitation and sex trafficking of minors, exploiters, traffickers, and purchasers may perceive the risk of arrest as minimal.
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Sponsored by the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice, the ICAC Task Force Program provides federal resources to improve coordination among and enhance the investigative responses of state and local law enforcement to offenders who use the Internet, online communication systems, or computer technology to sexually exploit children. These resources include investigative and forensic resources, as well as training and technical assistance designed to promote and enhance both proactive and reactive investigations and prosecutions of offenders engaged in technology-facilitated sexual exploitation of children.
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From page 212... ...
. The ICAC Task Forces' technical expertise, well-established collaborative multijurisdictional partnerships, and availability to a large number of state and local agencies are advantages that, within the constraints of available funding, present opportunities for increasing the success of law enforcement throughout the United States in addressing the commercial sexual exploitation and sex trafficking of minors.
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. All of these sources are used to reduce reliance on victims' cooperation and testimony to build and prove cases against traffickers, and suggest areas for specialized training of law enforcement investigators.
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The nature of trafficking cases may require prosecutors to work with numerous other agencies within and outside the legal system, including local, state, and federal law enforcement and prosecutors; the juvenile justice system; federal and state criminal justice systems; federal and state judiciaries; child welfare departments; and victim service organizations. Navigating this multiagency, multijurisdictional system and overcoming the barriers to effective collaboration discussed in Chapter 10 can be challenging.
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From page 215... ...
. Indeed, an analysis of federally prosecuted cases involving commercial sexual exploitation of children since passage of the TVPA in 2000 found that, while the number of federal prosecutions and convictions has steadily increased since then, assistant U.S.
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From page 216... ...
With appropriate training, defense attorneys may be well positioned to identify victims of commercial sexual exploitation and sex trafficking among individuals who have been arrested for prostitution and other offenses. One former public defender suggests that all defendants arrested for prostitution should be considered potential victims of commercial sexual exploitation or sex trafficking (Bryan, 2012)
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From page 217... ...
number of other crimes in addition to or instead of those specific to commercial sexual exploitation and sex trafficking. In a review of trafficking cases from 12 counties, charges included human trafficking, sex trafficking, compelling/promoting prostitution, kidnapping, sexual exploitation of a minor, and transport for purposes of prostitution (Farrell et al., 2012)
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From page 218... ...
. The array of potentially applicable laws can be a benefit, as indicated above, but can also create confusion, conflict, and a lack of accountability in the absence of strong law enforcement and prosecution participation on multiagency, multijurisdictional task forces (discussed in Chapter 10)
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Adams and colleagues (2010) conducted an analysis to identify characteristics of successful federal prosecutions of traffickers and purchasers involved in commercial sexual exploitation and sex trafficking of minors.
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From page 220... ...
As mentioned at the beginning of this section, other options for prosecutors include charging exploiters and traffickers under traditional state and local laws (e.g., pimping, pandering, and solicitation; sexual assault; and kidnapping) in addition to the more recent laws on commercial sexual exploitation and sex trafficking of minors.
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From page 221... ...
gained by the offender as a result of engaging in commercial sexual exploitation or sex trafficking of minors; and • pursue restitution orders to make offenders pay for victim services (Clawson et al., 2008; Gentile Long and Garvey, 2012; Greene, 2012; Knowles-Wirsing, 2012; Koch, 2012; Nasser, 2012; Walker, 2012)
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From page 222... ...
Victims of commercial sexual exploitation and sex trafficking of minors interact with the juvenile justice system because they are detained for prostitution-related offenses or other, unrelated offenses. The juvenile justice system needs to be prepared to identify and provide services for exploited youth both when they encounter the system because of their exploitation and when they enter the system on unrelated charges.
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From page 223... ...
In 2011, the Los Angeles County Probation Department received grant funding from the State of California to enhance the services provided to domestic sex trafficking victims and to collaborate with several other county agencies to address the county's trafficking problem. California has not enacted a safe harbor law, so the juvenile justice system has jurisdiction over sex trafficking victims.
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Through 7 n I New York State, everyone over age 15 is considered an adult who can be tried in criminal court. Therefore, 16- and 17-year-old youth arrested for prostitution in Manhattan are taken to Midtown Community Court.
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Court, a collaborative court designed to provide enhanced supervision of youth arrested for prostitution and collaborate with the Probation Department to improve services to those youth.9 Instead of engaging youth arrested for prostitution in an adversarial court process, the STAR Court works with the district attorney and defense counsel to defer prosecution while youth are engaged in treatment. The court meets weekly with the youth and their service pro 9 he T probation portion of the program is described in more detail above in the section on juvenile justice.
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. Criminal Justice and Offenders The TVPA appears to have provided the judiciary with additional methods for dealing more harshly with those convicted of commercial sexual exploitation and sex trafficking of minors.
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5-3 Few law enforcement agencies have specific protocols to follow when commercial sexual exploitation and sex trafficking of mi nors are suspected or disclosed.
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5-6 Although efforts to train personnel within the legal system to address human trafficking have increased, the majority of per sonnel in the system have not been trained to recognize and respond to suspected or confirmed cases of commercial sexual exploitation and sex trafficking of minors. 5-7 Pursuing cases that are "victim-driven, not victim-built" can reduce the need for the legal system to depend on cooperation by victims and survivors of commercial sexual exploitation and sex trafficking.
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From page 229... ...
2012. Site visit presentation to the Committee on the Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States, on the Youth Justice Institute, May 11, 2012, San Francisco, CA.
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2008. Understanding and improving law enforcement responses to human trafficking, final report, 2008, June.
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Workshop presentation to the Committee on the Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States, May 12, 2012, San Francisco, CA. Letot Center.
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2010. OJJDP FY 2010 ICAC Program -- law enforcement strategies for protecting children from commercial sexual exploitation.
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2012. Workshop presentation to the Committee on the Commercial Sexual Ex ploitation and Sex Trafficking of Minors in the United States, on the Chicago Police Department, July 11, 2012, Chicago, IL.
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