Human Trafficking Flashcards
Currently, about how many people are victims of human trafficking?
24.9 Million
What are the top venues identified for sex trafficking?
Illegal massage/spa business, residence-based commercial sex, hotel-motel based, pornography, and online ads.
What are the top venues identified for labor trafficking?
Agriculture, domestic work, traveling sales crews, restaurant/food service, and other illegal activities.
Define Human Trafficking:
Obtaining or maintaining the labor or services of another through the use of force, fraud, or coercion in violation of an individual’s human rights.
Also known as modern day slavery.
At what age is any performance of commercial sex act considered a victim of human trafficking?
18
Federal Definition
a) 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 involuntary servitude, peonage, debt bondage, or slavery. This occurs in situations of forced labor such as domestic servitude, factory, or agricultural work; or
b) Sex trafficking, meaning the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act is under 18 years of age.”
“A person commits the offense of human trafficking when that person (i) knowingly or in reckless disregard of the consequences of the action recruits, entices, harbors, transports, provides, or obtains by any means another person with the intent that the other person be held in involuntary servitude or sexual servitude or (ii) willfully or in reckless disregard of the consequences of the action causes a minor to be held in involuntary servitude or sexual servitude.”
NC Definition
If the victim is an adult, the crime of human trafficking is a
Class C Felony
If the victim is a minor, the crime of human trafficking is a
Class B2 Felony
True or False: Each violation is a separate offense.
True
True or False: Mistake of age and consent of a minor are not defenses.
True
Definition of involuntary servitude:
A person commits the offense of involuntary servitude when that person knowingly and willfully or in reckless disregard of the consequences of the action holds another in involuntary servitude
If the victim is an adult, the crime of involuntary servitude is a
Class F Felony
If the victim is a minor, the crime of involuntary servitude is a
Class C Felony
A person commits the offense of sexual servitude when that person knowingly or in reckless disregard of the consequences of the action subjects, maintains, or obtains another for the purposes of sexual servitude
Sexual Servitude Definition
If the victim is an adult, the crime of sexual servitude is a
Class D Felony
If the victim is a minor, the crime of sexual servitude is a
Class C Felony
Unlawful sale, surrender, or purchase of a minor Definition
A person commits the offense of unlawful sale, surrender, or purchase of a minor when that person, acting with willful or reckless disregard for the life or safety of a minor, participates in any of the following: the acceptance, solicitation, offer, payment, or transfer of any compensation, in money, property, or other thing of value, at any time, by any person in connection with the unlawful acquisition or transfer of the physical custody of a minor, except as ordered by the court.
Unlawful sale, surrender, or purchase of a minor violation consequences:
A person who violates this section is guilty of a Class F felony and shall pay a minimum fine of five thousand dollars ($5,000). For each subsequent violation, the person is guilty of an additional Class F felony and shall pay a minimum fine of ten thousand dollars ($10,000).
Trafficking:
(1) Is not voluntary; one cannot consent to being trafficked or enslaved
(2) Entails forced exploitation of a person for labor or services
(3) Need not entail the physical movement of a person
(4) Can occur domestically, where citizens are held captive in their own country
(5) Is a crime against the right of each person to be free from involuntary servitude
Smuggling:
(1) Is voluntary; an individual typically contracts to be taken across the border
(2) Ends after the border crossing
(3) Fees are usually paid in advance or upon arrival
(4) Is always international in nature
(5) Is a crime against the nation’s sovereignty”
Do you need to be physically beaten or restrained to be a victim of human trafficking?
No. The use of force, fraud, or coercion fulfills the elements of a human trafficking crime.
Examples of coercion (instilling fear):
Confiscate papers and legal documents
Misrepresent U.S. laws and consequences for entering the country illegally
Threaten victims with arrest or deportation
Threaten to harm or kill family in the victim’s homeland
Use debt and other fines in order to create an insurmountable ‘peonage’ situation in which the victim must work off a debt or face punishment. Debts commonly include the initial smuggling fee; charges for food, housing, clothing, medical expenses; or fines for failing to meet daily quotas
Move victims from location to location or trading them from one establishment to another resulting in a situation where victims may not know which town or state they are in and are less able to locate assistance
Create dependency using tactics of psychological and emotional abuse in much the same way a batterer behaves toward their intimate partner in a dynamic of domestic violence
Dictate or restrict movement
Isolate victims who do not speak English, as they rely on the trafficker as a translator and their only source of information”30
“Isolation from family members and members of their ethnic and religious community”31
“The threat of shaming victims by exposing circumstances to family”32
“Control of the victims’ money, e.g., holding their money for ‘safe-keeping’”
Sexual exploitation settings:
a) Brothels
b) Massage parlors
c) Pornography productions
d) Street prostitution
Labor exploitation:
a) Agricultural/farm work
b) Cleaning services
c) Construction
d) Domestic servitude
e) Exotic dancing
f) Factory/manufacturing
g) Restaurant work
Human trafficking is covert. But these violations can indirectly expose trafficking:
Domestic violence crimes
Labor disputes
Prostitution and pimping offenses
Shoplifting, and
Cases of assault.
Reactive approach
An officer “may uncover trafficking while addressing other crimes or calls for assistance. Depending upon exigent circumstances, you will need to handle the immediate component crime and respond to victim needs.
Proactive approach
Officers can be proactive by identifying possible “situations or businesses in your community where you suspect human trafficking may be taking place.
National Victim resources
National Human Trafficking Hotline, Legal Aid of North Carolina, Social Services and Assistance: Certification, Continued Presence, T and U Visas,
Local Victim resources
North Carolina Coalition Against Human Trafficking (NCCAHT)
Department of public health and mental health
Domestic violence and sexual assault services
Other nonprofit organizations such as healthcare professionals (e.g., EMS, doctor’s office, emergency room nurses, home healthcare)
Law enforcement resources
Trafficking Information and Referral Hotline
Federal Bureau of Investigation
United States Immigration Customs Enforcement (ICE)
North Carolina State Bureau of Investigation (SBI)
