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Carolina Velez- Rendon DV/SV Advocate

Human Trafficking: The Special Complexities An introduction for domestic and sexual violence advocates. Carolina Velez- Rendon DV/SV Advocate. Three core elements:. 1) The action of trafficking which means the recruitment, transportation, transfer, harboring or receipt of persons

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Carolina Velez- Rendon DV/SV Advocate

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  1. Human Trafficking:The Special ComplexitiesAn introduction for domestic and sexual violence advocates Carolina Velez- Rendon DV/SV Advocate

  2. Three core elements: 1) The actionof trafficking which means the recruitment, transportation, transfer, harboring or receipt of persons 2) The means of trafficking which includes threat of or use of force, deception, coercion, abuse of power or position of vulnerability 3) The purpose of trafficking which is always exploitation. In the words of the Trafficking Protocol, article 3 "exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs

  3. What is Human Trafficking? ACTION Recruits or Harbors or Obtains or Transports MEANS Force or Fraud or Coercion PURPOSE Sexual Exploitation or Commercial sex acts Or Labor exploitation Victim

  4. How to Identify Human Trafficking Victims Among my Clients? • Educate yourself on the dynamics of Human Trafficking • Review your intake forms and procedures • Questions you might want to consider: • Have you ever been forced to work? • Did anyone ever threaten to hurt you or your family if you did not work? • Did anyone take your money? • What would have happened if you did not give that person your money? • Where you able to keep your identification documents with you, or did someone take them from you? • Where you ever forced to do something sexual for your abuser or someone else? • -Where you working to pay off a smuggler or other debt? • Where you free to find another job to pay the debt, or where you forced to work at a certain place?

  5. Intersection of Domestic Violence and Human Trafficking SCENARIO

  6. The Intersection of Domestic Violence and Human Trafficking Cases To determine whether a case constitutes a domestic violence and human trafficking intersection case, two key components must be satisfied: 1. Presence of an intimate partner relationship. The victim is/was in an intimate relationship with the abuser/trafficker; and 2. Presence of labor, commercial sex or “involuntary servitude”11 performed under force, fraud or coercion, or commercial sex involving a minor.

  7. Things to keep in mind when working with both Populations: • Trafficking victims who were “rescued” from the trafficking situation may not identify themselves as victims. • The clients may have been arrested and detained in a jail for some time before being referred to you. • Our programs are voluntarily. • The clients might still emotionally connected to trafficker (s)

  8. Some Things to Keep in Mind when working with both Populations: • The client should not participate in group therapy or discuss the trafficking situation with anyone who does not have a legal privilege (such as a lawyer or doctor); • It is unlikely that law enforcement will tell you the whole story, either because they do not know it yet or to protect their ongoing investigation • you have privacy protections for your clients. Law enforcement may expect that you will actively assist with their investigation

  9. If you think you are working with a Human Trafficking/Domestic Violence intersection case: • Ask about all kinds of work • Ask who chose the work • Ask about sexual abuse • Ask about the money

  10. Legal Option for Human Trafficking Victims • In some intersection cases, a victim may benefit from a protective order. • Actions exist at the Federal and State level • The Trafficking Victims Protection Reauthorization Act • Employment Law Claims • Federal and State Wage and Hour Claims • Federal and State Anti-Discrimination in Employment Claims • Civil Rights Act • Assault and battery

  11. Immigration Remedies • VAWA Self-Petition • Battered Spouse Waiver • VAWA Cancellation of Removal • T Visa • U Visa • Asylum

  12. If you think you have come in contact with a victim of human trafficking, call the National Human Trafficking Resource Center 1.888.3737.888 For more information on human trafficking visit www.acf.hhs.gov/trafficking.

  13. Other Resources: WOMEN, HEALTH AND DEVELOPMENT PROGRAM (PAHO) http://www.paho.org/project.asp?SEL=OR&LNG=ENG&U=HDP&D=HDW CASA ALIANZA, information on child sexual exploitation http://www.casa-alianza.org/EN/human-rights/sexual-exploit COALITION AGAINST TRAFFICKING IN WOMEN (CATW) http://www.catwinternational.org COALITION TO ABOLISH SLAVERY AND TRAFFICKING (CAST) http://www.trafficked-women.org INSTITUTO INTERAMERICANO DEL NIÑO (IACI) has published the first comprehensive analysis of child sexual exploitation in 10 Latin American countries: Violencia y Explotación Sexual contra Niños y Niñas en América Latina y el Caribe. (1999). INTERNATIONAL ORGANIZATION FOR MIGRATION (IOM) http://www.iom.int THE PROTECTION PROJECT http://www.protectionproject.org

  14. Gracias!Carolina Velez Rendon(804) 249-9470 Ext 20carolina@safeharborshelter.comHotline (804) 287-7877

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