WHAT IS HUMAN TRAFFICKING?

1. WHAT IS HUMAN TRAFFICKING? Lauryl Wagoner HT Case Manager The Victim Center, Inc. lwagoner@thevictimcenter.org

2. Purpose: What is Human Trafficking? Global, Federal & State laws Myth vs Reality What does it look like in Springfield, Missouri? Contact information.

3. What is Human Trafficking? There is a global definition regarding the violation of human rights via the United Nations, a federal definition regarding sex and labor trafficking and Missouri statutes which recognize trafficking as a crime. All note that Human Trafficking is Modern Day Slavery.

4. The United Nations

5. US FEDERAL GOVERNMENT • The Trafficking Victims Protection Act (TVPA) of 2000 is the first comprehensive federal law to address trafficking in persons.  The law provides a three-pronged approach that includes prevention, protection, and prosecution.  The TVPA was reauthorized through the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2003, 2005, 2008, and through the Violence Against Women Reauthorization Act of 2013.

6. Federal Definition of Trafficking in Persons: The second largest and profitable crime in the world after Drug Trafficking

7. SEX TRAFFICKING • Sex trafficking is the recruitment, harboring, transportation, provision, or obtaining of a person for the purposes of a commercial sex act, in which the commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age

8. FORCE: violence, compulsion, or constraint exerted upon or against a person or thing

9. FRAUD: an act of deceiving or misrepresenting

10. Coercion: Use of physical or moral force to compel a person to do something, or to abstain from doing something, thereby depriving that person of the exercise of free will.

11. LABOR TRAFFICKING • Labor trafficking is the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purposes of subjection to involuntary servitude, peonage, debt bondage, or slavery

12. More Key Provisions of TVPA 2000 • State Department office to monitor and combat HT • Public awareness campaigns • Federal task force created • Protection & assistance for foreign national victims– T Visa & Continued Presence • Federal crime • Restitution for Victims

13. TVPA 2003 • Terminate contracts with overseas contractors who engage in trafficking • Victims can sue traffickers • Immigration benefits extended to family members of victim • Annual report required from the Attorney General to Congress

14. TVPA 2005 • Money provided to help shelter minor victims of trafficking • Grant programs to assist local law enforcement • Sex tourism prevention programs • Extends federal jurisdiction to offenses committed by US government personnel and contractors • Monies authorized for pilot treatment program and studies on prevention and protection programs

15. TVPA 2008 • US Government must provide information on workers’ rights and human trafficking to all work and education visa applicants • US Department of Labor must provide a list of goods produced by child and slave labor • Data Collection center for all US Government Departments who work with HT • Prevents US military assistance from countries who use child soldiers in their military forces

16. More TVPA Provisions 2008 • Expands immigration protections • Requires unaccompanied alien children to be screened as potential HT victims • New programs to assist US victims authorized • State law enforcement provided assistance to help obtain Continued Presence for victims

17. And even more TVPA 2008 • Expands liability of financially benefiting from HT crimes, as well as obstruction and conspiracy • Expands federal jurisdiction to US citizens and permanent residents who travel abroad to commit or conspire to commit HT crimes • New crime of fraud created when people are recruited to work under false pretenses • DOJ created a new model state law which includes provisions criminalizing sex trafficking without proof of force, fraud or coercion even if the victim is not a minor. • HT considered a “most serious crime” • States are required to report prostitution and vice crimes to the FBI for an annual statistic under the categories of a) those directing or profiting from commercial sex acts, b) those purchasing illegal sex acts and c) those unlawfully providing commercial sex acts • Allows children eligible for U visa status to have access to resettlement assistance • Provides grant money and mandatory reviews of assistance programs

18. Violence Against Women Reauthorization Act 2013 • Continues to help combat international trafficking in persons • Enables agencies to more easily publish the HTRC Hotline number on their websites • Create a video to be shown at embassies and consulates with greatest concentration of aliens applying for nonimmigrant visas • Helps prevent child marriages • Creates prison time or a fine for someone who coerces through the destruction, concealment, removal, confiscation or possession of certain immigration documents • Statute of limitations extended to 10 years for a person who received an injury while a minor that was caused by sexual or forced labor related violations

19. Missouri Criminal Statues • Crimes against online sexual solicitation • Abusing an individual through forced labor • Trafficking for the purpose of slavery, involuntary servitude, peonage or forced labor • Trafficking for the purpose of sexual exploitation • Sex trafficking of a child • Sex trafficking of a child under the age of 12 affirmative defense not allowed • Trafficking through misuse of documentation • Contributing to human trafficking • Restitution required for certain offenders • TVPA 2000 to apply • Penalties for violation by businesses and corporations • Asset forfeiture

20. REALITY VS MYTH • Victims must be smuggled into the country. • Victims must not be paid. • Victims must face extraordinary physical abuse. • Victims must be held captive. • Victims have no rights. • Smuggling is a separate crime. Many victims come to the country legally and actually, many victims are from the US. • Victims can be compensated financially or through goods by their trafficker. • Victims may only experience fear from threats and coercion. • Victims may be free to go to school, to go to the store, to seek medical care. • Victims have rights in the United States.

21. Human Trafficking in Springfield, Missouri • Most identified trafficking cases in Springfield, Missouri have been sex trafficking cases. • Statewide, 63% of cases are sex trafficking and 27% are labor cases. 2% are considered both and 8% were not specified. • On average, 62% of victims are considered adults, 34% children. • 85% identify as female, 15% male. • No Missouri victim has currently identified themselves as transgendered. • The majority of the victims were US citizens.

22. HT Trends in Springfield, Missouri • Pimp-controlled prostitution • Residential brothels • Commercial-front brothels • Escort services • Domestic labor • Restaurant/ food service • Peddling rings

23. Top 10 Child Trafficking Industries in US • Pimp-controlled prostitution • Peddling rings • Pornography • Escort service • Commercial-front brothel • Residential brothel • Traveling sales crew • Domestic work • Restaurant & food industry • Personal sexual servitude • Hostess/ strip club

24. Resources • www.govtrack.us • www.polarisproject.org • National Human Trafficking Resource Center • US Department of Education • Personal Experience

25. Lauryl Wagoner 417.863.7273 lwagoner@thevictimcenter.org