Advanced Human Trafficking in the State of Texas

1. Advanced Human Trafficking in the State of Texas TCLEOSE CLASS #: 3271

2. Video part one

3. OVERVIEW Understanding human trafficking Identify the stages and elements of human trafficking Communicating with victims of human trafficking Role of local law enforcement Non-governmental organization involvement

4. FREQUENTLY ASKED QUESTIONS What is human trafficking? Are there differences between human trafficking and human smuggling? Who are human traffickers? If I come in contact with a suspected victim of human trafficking who should I contact?

5. Do victims of human trafficking need to be physically restrained / detained? What are the main elements of trafficking? Are there domestic trafficking victims in the United States? What type of person is most commonly victimized? FREQUENTLY ASKED QUESTIONS

6. MYTH: Human trafficking and smuggling are the same. FACT: Smuggling is based on a consensual agreement between smuggler and client while trafficking is a result of fraud, force or coercion by a suspect on a victim. Smuggling may become trafficking. COMMON MYTHS

7. MYTH: Traffickers are always strangers. FACT: Anyone who receives something of value for the exploited services can be a trafficker. This includes parents, family members, or friends, as well as unknown persons or strangers. COMMON MYTHS

8. COMMON MYTHS MYTH: Human trafficking investigations/prosecutions are only handled by the federal government. FACT: Human trafficking cases may be investigated and prosecuted by the state (PC 20A.02) or at the federal level.

9. MYTH: Trafficking victims always seek help to escape their exploitation. FACT: Trafficking victims will not always self-identify or seek help. They may be too traumatized and need additional time to reveal their victimization. COMMON MYTHS

10. MYTH: Movement is required for trafficking to occur. FACT: Trafficking can occur without movement. Force, fraud or coercion are the necessary elements, not movement. COMMON MYTHS

11. MYTH: All trafficking victims are immigrants or foreign nationals. FACT: Trafficking victims can be U.S. citizens or lawful residents. COMMON MYTHS

12. MYTH: All trafficking victims are females. FACT: Anyone can be a trafficking victim, regardless of age and gender. COMMON MYTHS

13. MYTH: All “prostitutes” are criminals and are willing participants. FACT: Persons involved in prostitution may have been forced or coerced into providing sexual services, especially in the case of minors. COMMON MYTHS

14. HUMAN TRAFFICKING DEFINED The Trafficking Victims Protection Act (TVPA) defines trafficking as: a. sex trafficking in which a 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; or b. the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. A victim need not be physically transported from one location to another in order for the crime to fall within these definitions.

15. HUMAN TRAFFICKING CONCEPTS • Human trafficking is a form of modern-day slavery. • Victims of trafficking are exploited for commercial sex or labor purposes. • Traffickers use force, fraud, or coercion to control their victims. • Exploitation is a key element to the crime of human trafficking. • The physical movement of the victim is not a prerequisite.

16. Trafficking Crime or violation against a person Contains element of coercion (victim cannot consent to enslavement) Subsequent exploitation (forced labor for debt) Can occur domestically Trafficked individuals seen as victims Smuggling Crime against the nation’s sovereignty No coercion, contact ends after entry Fees paid in advance or upon arrival Always international in nature Individuals making illegal entry are seen as violators TRAFFICKING VS SMUGGLING

17. WHO ARE HUMAN TRAFFICKERS? • Friends and family members • Organized criminal groups • local gangs • drug trafficking organizations • Smugglers • Pimps/madams • Adult entertainment industry • Massage parlor operators • Labor subcontractors

18. STAGES OF VICTIMIZATION • Vulnerability • Looking for better life • Escape current conditions • Recruitment • Voluntary (fraud) • Forced (force or coercion) • Exploitation (physical and psychological) • Resolution • Rescue • Escape • Death

19. METHODS USED TO CONTROL VICTIMS FORCE, FRAUD AND COERCION are methods used by traffickers to press victims into lives of servitude and abuse.

20. FORCE Beating “Seasoning” Torture Sexual Assault • Burning • Drug Addiction • Confinement • Branding or Tattooing

21. FRAUD False promises, marriages, employment Deceitful enticing and affectionate behavior, “the boyfriend” Withholding wages Misrepresenting working conditions Misrepresenting the promise of a “better life”

22. COERCION Threats Of Serious Harm Or Restraint Intimidation/Humiliation Emotional Abuse Control Of Daily Lives And Brainwashing Threats To Family Members Deportation Threats Confiscation Of Documents

23. HOW BIG IS THE PROBLEM? • The International Labor Organization estimated more than 2.4 million people are victims of forced labor as a result of human trafficking. • More than half of whom are women and girls • The cost to victims is estimated at $20.9 billion per year 1 2 International Labor Organization, A Global Alliance Against Forced Labour, A Global Report under the Follow-up to the ILO Declaration on Fundamental Principles and rights at Work 2005 The cost of coercion; REPORT OF THE DIRECTOR-GENERAL; Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work; INTERNATIONAL LABOUR CONFERENCE; 98th Session 2009 1 2

24. TEXAS NUMBERS…. • Bureau of Justice Administration human trafficking task forces have reported (August 2010) • 456 Texas-based incidences or investigations • 133 arrests • 511 identified victims • Reports from January 1, 2007 – August 12, 2010 (Austin, Dallas, Fort Worth, Houston and San Antonio) • Innocence Lost Task Forces in Texas reported the rescue of 109 minor victims in FY 2010 (October 2009-August 2010) • The National Human Trafficking Resource Center Hotline indicates 12% of calls came from Texas in 2009 (highest % of calls)

25. SEX TRAFFICKING DEFINED Commercial sex act induced by force, fraud, or coercion, or, sex act in which the person performing the act is under the age 18.

26. SEX TRAFFICKING • Prostitution is the most common form of trafficking in the United States • May be working in: • Massage parlors • Brothels • Strip clubs • Escort services • Bars • Modeling studios • Street Corner 26

27. DOMESTIC MINOR SEX TRAFFICKING VICTIM • 100,000 to 300,000 American children victimized through the practice of child prostitution every year (commercial sexual exploitation) • 30% of shelter youth and 70% of street youth victimized through commercial sexual exploitation • Organizations and agencies working with domestic minors involved in prostitution estimate that 70-80% of the minors they serve are runaways with a history of childhood abuse and sexual abuse 1 2 3 Prostituted Children in the United States: Identifying and Responding to America’s Trafficked Youth, Serg.1. Shared Hope International and Onanon Productions. DVD. Washington, D.C.:Shared Hope International 1 2 Estes, R. & Weiner, N. “Commercial Sexual Exploitation of Children in the U.S., Canada, and Mexico.” University of Pennsylvania, 2001 Heather J. Clawson, Nicole Dutch, Amy Solomon, and Lisa Goldblatt Grace , August 2009 3

28. LABOR TRAFFICKING Using force, fraud, or coercion to recruit, harbor, transport, obtain, or employ a person for labor or services in involuntary servitude, peonage, debt bondage, or slavery. 28

29. LABOR TRAFFICKING Labor trafficking may be separated into three distinct categories which are used to exploit victims of human trafficking. • Bonded Labor • Forced Labor • Child Labor

30. BONDED LABOR Labor is demanded as a means of repayment for a loan or service in which the terms and conditions have not been defined or in which the value of the victim’s services, as reasonably assessed, is not applied toward the liquidation of the debt. The value of their work is greater than the original sum of money “borrowed.” • Migrant farm workers • Labor camps or sweatshops • Domestic servitude

31. Victims are forced to work against their will, under the threat of violence or some other form of punishment, their freedom is restricted and a degree of ownership is exerted. Domestic servitude Agricultural labor Sweatshop factory labor Janitorial services Food service Magazine sales Begging FORCED LABOR

32. Work likely to be hazardous to the health and/or physical, mental, spiritual, moral or social development of children and can interfere with their education. Commercial Sex trade Forced military service Domestic servitude Drug trade Illegal Arms trade CHILD LABOR

33. The International Labor Organization estimates worldwide there are 215 million children between 5 and 17 involved in child labor. Of those, more than 115 million are involved in the “unconditional worst forms of child labor” including debt bondage, forced recruitment for armed conflict, prostitution, pornography, the illegal drug trade, the illegal arms trade and other illicit activities around the world. CHILD LABOR 1 1 1 International Labor Organization Report; The Hague Global Child Labour Conference 2010

34. WHERE VICTIMS ARE EXPLOITED Restaurants Nail salons Factories Private residences • Cantinas/Bars • Massage parlors • Escort services • Sexually oriented businesses 34

35. MARKETING THE EXPLOITATION Internet * Personal ads Business cards • Flyers • Marriage bureaus • Social Network sites * Internet ads and pages are continually adapting. Pressures from citizens, Attorney General’s and other organizations have forced some sites to close “Adult Services” pages. Traffickers continue to seek internet sites to cater to their ads. 35

36. “The next prostitute, exotic dancer, illegal immigrant, runaway youth, domestic servant, or migrant worker you encounter or take into custody may be a victim of human trafficking.” WHO ARE THE VICTIMS?

37. WHAT CAN LAW ENFORCEMENT DO? • Know and Use existing Federal and State laws to interdict Human Trafficking • Trafficking Victims Protection Act - Federal Law (Title 8 USC Chap 77 Section 1581 - TVPA protects both U.S. citizens and non-citizens) • Enforcement of Texas Penal Code-State Laws • Begin building partnerships • Look “Beneath the Surface”

38. TRAFFICKING VICTIMS PROTECTION ACT (TVPA) • Prior to 2000, there was no comprehensive federal law to protect victims of trafficking or to prosecute traffickers. • TVPA was signed into law October 2000 and has since been re-authorized every three years by Congress. (2003/2005/2008) • TVPA made human trafficking a federal crime.

39. TRAFFICKING VICTIMS PROTECTION ACT (TVPA) Three key components of TVPA Prevention • Through public awareness and education Protection • Through services and benefits to help victims rebuild their lives Prosecution • Through new law enforcement tools and efforts

40. TVPA PERMITS PROSECUTION.. where non-violent coercion is used to force victims to work where victim's service is compelled by confiscation of documents of sex trafficking by removing the knowledge-of-age requirement in certain instances involving minors

41. TVPA PROVIDES…. Increases prison terms for all slavery violations up to 20 years; adds life imprisonment if it involves death, kidnapping, or the sexual abuse of victim Restitution and/or forfeiture of assets upon conviction Witness protection, legal immigration status Access to benefits and services

42. 20A.01. DEFINITIONS. In this chapter: (1) "FORCED LABOR OR SERVICES" means labor or services, including conduct that constitutes an offense under section 43.02, that are performed or provided by another person and obtained through an actor’s: TEXAS PENAL CODE 43.02 Prostitution

43. causing or threatening to cause bodily injury to the person or another person or otherwise causing the person performing or providing labor or services to believe that the person or another person will suffer bodily injury; (B)restraining or threatening to restrain the person or another person in a manner described by Section 20.01(1) or causing the person performing or providing labor or services to believe that the person or another person will be restrained: TEXAS PENAL CODE

44. (C) knowing, destroying, concealing, removing, confiscating, or withholding from the person or another person, or threatening to destroy, conceal, remove or confiscate, or withhold from the person or another person, the person actual or purported: (i) government records; (ii) identifying information; or (iii) personal property; TEXAS PENAL CODE

45. (D) threatening the person with abuse of the law or the legal process in relation to the person or another person; (E) threatening to report the person or another person to immigration officials or other law enforcement officials or otherwise blackmailing or extorting the person or another person; TEXAS PENAL CODE

46. (F) exerting financial control over the person or another person by placing the person or another person under the actor’s control as security for a debt to the extent that: (i) the value of the services provided by the person or another person as reasonably assessed is not applied toward the liquidation of the debt; (ii) the duration of the services provided by the person or another person is not limited and the nature of the services provided by the person or another person is not defined; or (iii) the principal amount of the debt does not reasonably reflect the value of the items or services for which the debt is incurred; or TEXAS PENAL CODE

47. (G) using any scheme, plan, or pattern intended to cause the person to believe that the person or another person will be subjected to serious harm or restraint if the person does not perform or provide the labor or services. TEXAS PENAL CODE (2) "TRAFFIC" means to transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means.

48. § 20A.02. TRAFFICKING OF PERSONS (a) A person commits an offense if the person knowingly: (1) traffics another person with the intent or knowledge that the trafficked person will engage in forced labor or services; or (2)benefits from participating in a venture that involves an activity described by Subdivision (1), including by receiving labor or services the person knows are forced labor or services. (b) Except as otherwise provided by this subsection an offense under this section is a:FELONY OF THE SECOND DEGREE TEXAS PENAL CODE

49. An offense under this section is a FELONY OF THE FIRST DEGREE if: (1) the applicable conduct constitutes an offense under Section 43.05 or 43.25 and the person who is trafficked is a child younger than 18 years of age at the time of the offense; regardless of whether the actor knows the age of the child at the time the actor commits the offense; or (2) the commission of the offense results in the death of the person who is trafficked. TEXAS PENAL CODE 43.05 Compelling Prostitution 43.25 Sexual Performance of a Child

50. Sec. 43.05 Compelling Prostitution (a) A person commits an offense if the person knowingly: (1) causes another by force, threat, or fraud to commit prostitution; or (2) causes by any means a child younger than 18 years to commit prostitution, regardless of whether the actor knows the age of the child at the time the actor commits the offense. An offense under this section is a felony of the second degree. NOTE: 20A.02 provides that offenses under section (a)(2) are felonies in the first degree. TEXAS PENAL CODE