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Maximizing Justice; Minimizing Harm: The Prosecutor’s Role in Achieving Survivor-Centered Justice in Human Trafficking Responses
Maximizing Justice; Minimizing Harm: The Prosecutor’s Role in Achieving Survivor-Centered Justice in Human Trafficking Responses
Despite increased public awareness of human trafficking and enhanced anti-trafficking efforts over the last two decades, research, experiences of AEquitas’ staff providing training and technical assistance (TTA), and trafficking survivors tell us that prosecution and law enforcement efforts have failed in three key ways: (1) victims and survivors of both labor trafficking and sex trafficking continue to be criminalized, (2) prosecution practices remain reactive and often coercive, and need to improve in order to be truly survivor-centered and trauma-informed; and (3) labor trafficking investigations and prosecutions in particular have lagged in proportion to known numbers of survivors.
Promising practices recognize that enhanced multidisciplinary teams are critical to an effective and comprehensive HT response; however, prosecutors have unique influence because they have the ultimate responsibility to put the law on the books into action. As the final “gatekeepers” to the system, prosecutors have the discretion to charge a case—which advances it, and future cases like it—or decline a case, effectively barricading similar cases from the system. Providing prosecutors with meaningful and consistent specialized support, access to rigorous training, better technologies, collaborative partners, and a network of world- class experts can help break down siloes and elevate their practice.
With funds from the U.S. Department of Justice Office for Victims of Crime (OVC), AEquitas will provide customized TTA to local, state, tribal, and regional prosecutors’ offices across the United States; develop and provide prosecutors with the resources needed to lead efforts to eradicate trafficking in their jurisdictions; create a tool to enhance collaboration between local prosecutors and state Attorneys General; develop recommendations to minimize the reliance on undercover operations; promote promising practices to identify and investigate trafficking in targeted, innovative, and trauma informed ways; and collaborate with other leaders in the field to enhance the multidisciplinary response to human trafficking.
Details
Office for Victims of Crime
This project is delivered by AEquitas under 15POVC-21-GK-03263-HT, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed do not necessarily represent the official position or policies of the U.S. Department of Justice.
At the 2023 Wisconsin Human Trafficking Conference, Senior Attorney Advisor Jane Anderson presented on topics related to the investigation and prosecution of human trafficking.
Wisconsin Department of Justice
At the 2023 Trafficking Within California’s Illicit Cannabis Industry training, Senior Attorney Advisor Jane Anderson presented “The Reality of Labor within the Illicit Cannabis Industry,” “Strategic Charging of Organizations involved in Illicit Cannabis,” “Proving Coercion in Human Trafficking Cases,” “Forced Criminality,” “Engaging Survivors of Human Trafficking,” and “Documenting the Case: Setting the Prosecution Up for Success.”
California Department of Cannabis Control
At the 13th Annual Cook County Human Trafficking Task Force Conference, Senior Attorney Advisor Jane Anderson presented “What’s Immigration Got To Do With It? Prosecuting Human Trafficking Cases Involving Immigrants” and “Investigating and Prosecuting Human Trafficking Involving Male Victims.”
Cook County Human Trafficking Task Force
At the 2023 Conference on Crimes Against Women (CCAW), Senior Attorney Advisor Jane Anderson and Attorney Advisor Jenn Dolle presented “Building Human Trafficking Cases with Missing and Intimidated Victims” and “Using Experts to Combat Common Defenses in Human Trafficking Cases.”
Conference on Crimes Against Women (CCAW)
At the Department of Education’s virtual training, Senior Attorney Advisor Jane Anderson presented “Forced Criminality in Human Trafficking: Identifying and Intervening to Support Students.”
Department of Education
For The Network’s Webinar Series on human trafficking in illicit Massage, Senior Attorney Advisor Jane Anderson presented “An Organized (Crime) Response to Trafficking within the Illicit Massage Industry.”
The Network
At the Oklahoma Bureau of Narcotics’ Human Trafficking Training, Attorney Advisor Jenn Dolle presented “Proving Coercion in Human Trafficking Cases,” “Forced Criminality,” “Engaging Survivors of Human Trafficking,” “Documenting the Case: Setting the Prosecution Up for Success,” and “Charging the Case.”
Oklahoma Bureau of Narcotics
At the U.S. Department of Justice’s National Indian Country Training, Senior Attorney Advisor Jane Anderson presented “A SANE Approach to Human Trafficking Cases.”
U.S. Department of Justice
At The Network’s National Convening: Human Trafficking in Illicit Massage, Senior Attorney Advisor Jane Anderson and Attorney Advisor Jenn Dolle participated in a panel on “Promising Practices” and presented “Culture and Coercion” and “An Organized (Crime) Response to Trafficking within the Illicit Massage Industry.”
The Network
At the 2022 Mississippi Attorney General’s Human Trafficking Seminar, Senior Attorney Advisor Jane Anderson and Attorney Advisor Jenn Dolle presented on "Building Human Trafficking Cases with Missing and Intimidated Victims" and "Using Experts to Combat Common Defenses."
At the 2022 Pennsylvania Rural Human Trafficking Summit, Senior Attorney Advisor Jane Anderson presented "Breaking Down a History of Distrust" and participated in the panel "Trauma-Informed Strategies for Law Enforcement, Medical Professionals, and other System-Actors."
At the Texas A&M Engineering Extension Service’s Labor Trafficking Symposium, Senior Attorney Advisor Jane Anderson presented “Proving Coercion” and “Forced Criminality: Trauma-Informed Responses to Labor Trafficking within Criminal Enterprises."
Texas A&M Engineering Extension Service (TEEX)
At the NCVC's National Training Institute, Senior Attorney Advisor Jane Anderson and Attorney Advisor Lou Longhitano presented "Forced Criminality: Trauma-Informed Responses to Labor Trafficking in Criminal Enterprises" and "From Jail, to Bail, to Sale: Identifying Human Trafficking Survivors within the Criminal Justice System."
National Center for Victims of Crime (NCVC)
At the 2022 Florida Human Trafficking Summit, Senior Attorney Advisor Jane Anderson presented “Building Cases with Missing and Intimidated Victims.”
Florida Attorney General
At this 2022 event, Attorney Advisor Jenn Dolle and Senior Attorney Advisor Jane Anderson presented "Being Trafficked: What You Need to Know", "Trauma-Informed Responses", "Writing it Right: Documenting Human Trafficking", "Conducting Trauma-Informed Investigations", "Assessing Culpability: Context before Conviction", "Combatting Common Defenses", and "Identifying and Responding to Witness Intimidation."
Nampa Family Justice Center
At the 2022 Anti-Trafficking Conference, Senior Attorney Advisor Jane Anderson presented "Building Cases with Missing and Intimidated Victims" and "Forced Criminality Case Study – The Perfect Plan: How Victor Rax Sexually Abused and Trafficked Boys in Salt Lake City."
Great Kids Make Great Communities in partnership with the Southern Indiana Human Trafficking Coalition and the Anti-Trafficking Network of Northeast Indiana
At the Cook County Human Trafficking Task Force Conference, Senior Attorney Advisor Jane Anderson and Attorney Advisor Jenn Dolle presented "Building Cases with Missing and Intimidated Victims" and "Working with Experts to Combat Common Defenses."
Senior Attorney Advisor Jane Anderson delivered the webinar, "Forced Criminality: Labor Trafficking through the Lens of Utah’s Victor Rax Case", for the Virginia Department of Criminal Justice Services (VDCJS). While awareness of human trafficking is on the rise, there are still blind spots that prevent law enforcement from recognizing all forms of exploitation. Men, boys, and victims of labor trafficking through forced criminality are often overlooked because they do not fit the typical depiction of a human trafficking victim. However, in the case of Victor Rax, Utah’s Attorney General’s Office was able to identify dozens of boys and young men from immigrant communities who were forced to sell drugs after being sexually, spiritually, and physically abused.
Virginia Department of Criminal Justice Services (VDCJS)
At the International Association of Human Trafficking Investigators (IAHTI) Conference, Senior Attorney Advisor Jane Anderson presented "Assessing Culpability: Context Before Conviction" with Rebecca Bender. Human traffickers assert force, fraud, and coercion against victims in order to profit from commercial sex or forced labor or services. Offenders use a variety of tactics designed to ensure that victims will do what they are told without resistance, questioning, or disclosure to law enforcement. This physical, psychological, emotional, and spiritual control too often allows traffickers to escape accountability. This presentation is designed to improve human trafficking responses and to better investigate and prosecute traffickers while ensuring that victims are not inappropriately charged with crimes they are forced to commit.
International Association of Human Trafficking Investigators
At the 2022 International Association of Human Trafficking Investigators (IAHTI) Conference, Senior Attorney Advisor Jane Anderson presented "Assessing Culpability: Context Before Conviction."
The International Association of Human Trafficking Investigators (IAHTI)
Senior Attorney Advisor Jane Anderson presented "The Perfect Plan: How Victor Rax Sexually Abused and Trafficked Boys in Salt Lake City" at this virtual series hosted by Giant Slayer Consulting.
Giant Slayer Consulting
