Human Trafficking in Domestic Violence Cases: Identification , Assessment, Representation

1. Human Trafficking in Domestic Violence Cases: Identification, Assessment, Representation May 10, 2013EJC - ST. LOUIS, MISSOURI Task Force on Human Trafficking Commission on Domestic & Sexual Violence

2. Learning Objectives At the end of this workshop, you will be better able to: • Identify human trafficking and develop identification protocols • Understand common and divergent legal needs for human trafficking and domestic violence survivors • Navigate social service needs for trafficked persons • Capitalize on pro bono opportunities

3. A severe form of trafficking in persons (1) 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 is under 18 years of age; or(2) 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 subjecting that person to involuntary servitude, peonage, debt bondage, or slavery. 

4. In other words…. Human trafficking is compelling service in labor or commercial sex using physical or psychological means It is also called slavery, labor trafficking, forced labor, and sex trafficking

5. Small Group Exercise • Review the fact pattern (Handout 1) and as a small group, identify a list of action, means, and purpose that could deem Siti to be trafficked.

6. Human Trafficking

7. Human Trafficking Root Causes • Pull Factors • Economic or Social Opportunity • Educational Opportunity • Safety Push Factors • Poverty • Political Instability • Oppression • Discrimination • Climate Change • Home instability

8. Who are the Traffickers? Role • Recruiter • Transporter • Manager • Enforcer Demographic • Individual • Family Member • Small Network • Large Organized Crime Syndicate

9. Human trafficking occurs in all of these industries: • Agriculture • Commercial sex • Construction • Custodial Services • Dancing • Domestic work • Fishing • Food service • Home care • Hospitality • Manufacturing • Massage Parlors • Mining • Retail

10. Myths and Misconceptions • True/False: • Most trafficking begins with abduction • False • 2. Most trafficked persons in US are US Citizens • We don’t know • 3. Risk of sexual assault in labor trafficking is low • False

11. Human Trafficking Indicators • Unable to leave premises • Always accompanied • Lives with employer • Poor living conditions • Unable to speak to anyone alone • In Debt • Offers canned responses • Identity documents held • Physically or sexually abused • Appears submissive or fearful • Receives little or no pay • Insulted by supervisors • Lives with multiple people in a small space

13. Why develop anti-trafficking services? • Globally, less than 1% of trafficked people are identified • Because the issue is still relatively new, trafficked people do not self-identify and know assistance is available • Domestic violence attorneys have an extensive infrastructure in place that can be used to connect more trafficked people with protections

14. What do human trafficking and domestic violence have in common? • Traffickers use similar methods to control trafficked persons to both adopt a harm reduction/autonomy approach • Civil, criminal and administrative legal remedies are similar • Both have similar basic social service needs

15. Victim Witness Representation • Federal prosecutions: very time consuming, all day interviews, grand jury, more likely to go to trial • Safety needs could be greater if trafficker is connected with organized crime or part of a large network • Many federal prosecutions involve multiple victim witnesses and raise potential conflicts with few legal and social service providers available • Prosecutors often expect cooperation and protecting victim autonomy can be more difficult

16. Civil Litigation • Often only access to compensation for victimization • Without economic access, trafficked persons are simply returned to the state that led them to be recruited • Many federal prosecutions involve multiple victim witnesses and raise potential conflicts with few legal and social service providers available • Prosecutors often expect cooperation and protecting victim autonomy can be more difficult

17. Immigration • Trafficked persons have been able to obtain the following immigration protections: VAWA self-petitions, U-visas, T-visas, asylum, Special Immigrant Juvenile Status • Specialized T-visas follow a similar process to immigration applications used for domestic violence survivors • Unidentified trafficked people are often subject to immigration enforcement

18. Criminal Defense and Post-Conviction Relief • Like domestic violence survivors, trafficked persons are often arrested as offenders (typically related to prostitution) • They need victim advocates to identify them pre and post conviction to be treated as victims and not offenders

19. Small Group Make a list of non-legal services and protections your domestic violence clients access.

20. Small Group • Which would a trafficked person need? • What else is needed? • Do you know how to access such services in your community?

21. Learning Objectives As a result of this workshop, you are now better able to: • Identify human trafficking and develop identification protocols • Understand common and divergent legal needs for human trafficking and domestic violence survivors • Navigate social service needs for trafficked persons • Capitalize on pro bono opportunities

22. For More Information Task Force on Human Trafficking www.ambar.org/trafficking Commission on Domestic & Sexual Violence www.ambar.org/cdsv www.GlobalFreedomCenter.org