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Hitting Them Where It Hurts – Strategies for Seizing Assets in Human Trafficking Cases

Human trafficking is a lucrative business that is extremely difficult to identify, investigate, and prosecute, and there are still significant barriers to a successful outcome in these cases, including, among other things, limited resources. Even where offenders are prosecuted and convicted, victims are often left shattered physically, emotionally, and financially by their experiences. Asset forfeiture laws provide for the seizure of property that is a fruit of – or was used to further – the criminal enterprise. Utilizing these laws is one effective way to deter and disrupt traffickers while providing trafficking victims with the monetary means to rebuild their lives. This Strategies in Brief discusses civil and criminal asset forfeiture as a tool in prosecuting cases of human trafficking and related crimes.

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Assisting Human Trafficking Victims with Return of Property and Restitution

Investigating and prosecuting cases of human trafficking and violence against sexually exploited women is rife with challenges, including balancing victims’ property interests with the need to hold traffickers and exploiters accountable. Criminal justice professionals can meet these challenges by pursuing the return of victims’ property and seeking restitution where appropriate. This Strategies in Brief identifies issues that often arise when trying to return property to victims in human trafficking cases and will provide collaborative strategies for prosecutors and allied criminal justice professionals seeking to balance victim and criminal justice interests. It also presents an overview of restitution as another means of relief for victims of human trafficking to be considered by prosecutors.

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The Prosecutors’ Resource on Elder Abuse

This Prosecutors’ Resource is designed to assist with investigating and prosecuting cases involving abuse, neglect, and financial exploitation of an older victim. It includes foundational knowledge on the various forms and co-occurrence of elder abuse crimes, the characteristics of victims and perpetrators, the aging body, and issues of competency and capacity that will all inform prosecutors’ decision-making in cases and interactions with victims. This Prosecutors’ Resource also provides prosecution strategies for working with older victims and addresses the individual steps and considerations for prosecuting elder abuse cases from the initial interview and investigation through sentencing.

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SAJI Annotated Bibliography (June 2017)

This bibliography provides an extensive list of studies, best practices, strategies and other resources to support the prosecution of sexual assault, from the victim’s initial report through trial. The annotations offer overviews for every source on topics such as: performance measures, conviction rates, standards of practice, criminal justice reform, promising practices, investigation, responding to witnesses, pretrial, and trial strategies.

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10 Strategies for Prosecuting Child Sexual Abuse at the Hands of a Family Member

The impact of sexual assault on a victim is devastating and the effects are long lasting. Victims of child sexual abuse may suffer physical injury, depression, self-destructive behavior, anxiety, feelings of isolation and stigma, shame, poor self-esteem, difficulty in trusting others, a tendency toward re-victimization, substance abuse, and sexual maladjustment. When the perpetrator is a family member, victims often suffer the emotional scars of guilt, betrayal and fear as well. Judges and juries unfamiliar with the dynamics of sexual assault may overlook offenders’ grooming tactics or misperceive common victim reactions to abuse as evidence of the victim’s lack of credibility. Prosecutors handling these cases face unique challenges. This article outlines ten strategies that will help prosecutors prepare and litigate cases of sexual abuse perpetrated against a child by a family member.

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Enhancing Prosecutions of Human Trafficking and Related Violence Against Sexually Exploited Women

A strong response to violence against sexually exploited women is critical to closing existing gaps and enhancing community safety and offender accountability. Collaboration among prosecutors and allied professionals with relevant expertise (e.g., organized crime, narcotics, and gangs) enhances the identification of victims and perpetrators and the effectiveness of the response to these crimes. This article outlines seven strategies to help prosecutors develop or refine their response to recognize and respond to the interconnected sexual and physical violence perpetrated against trafficking victims and individuals who experience violence as a result of their exploitation.

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No Victim? Don’t Give Up: Creative Strategies in Prosecuting Human Trafficking Cases Using Forfeiture by Wrongdoing and Other Evidence-Based Techniques

The challenges presented in the course of investigating and prosecuting human trafficking cases can be daunting. Among the most common and difficult of these obstacles is the inability or unwillingness of victims to participate in the process. This reluctance may be based upon a variety of factors, including the victims’ fear, shame, distrust of law enforcement, and a real — or perceived — lack of alternatives to trafficking as a way of life. Sometimes the unwillingness of victims to participate arises from their relationships with their traffickers, who may exploit love and intimate relationships to recruit their victims. These challenges are significant but not insurmountable. Prosecutors and allied professionals can employ strategies to enhance the willingness of victims to participate in the prosecution of their traffickers and to enhance the success of the trafficking prosecution even without their participation. When victims do not participate, however, preparing and litigating forfeiture by wrongdoing motions is critical to the successful prosecution of these cases. This article discusses several key investigative and prosecution strategies.

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Prosecuting Cases of Sexual Abuse in Confinement

Sexual abuse in confinement has persistently presented tremendous challenges to investigators and prosecutors because of internal and external barriers to reporting, including the behaviors, actions, and decision-making power of first responders that may result in the failure to make an official report to law enforcement. Additional challenges include issues related to evidence collection and retention, identification of witnesses, and multi-level biases against inmates. This article examines the Prison Rape Elimination Act and national standards related to a victim-centered, offender-focused investigation and prosecution of a sexual abuse in confinement. The issue discusses detailed strategy for prosecuting these cases, including investigation, dealing with gang involvement, and trial testimony.

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Beyond Conviction Rates: Measuring Success in Sexual Assault Prosecutions

Prosecutorial effectiveness is commonly measured by conviction rates, largely because they are readily available. But, are conviction rates an accurate measure of success? Experienced prosecutors know they won’t win every case. In fact, some would argue that if you aren’t losing any cases, you aren’t trying the right ones. This Strategies Newsletter discusses promising sexual assault prosecution strategies as well as ways of measuring effectiveness in ways that do not rely solely upon conviction rates. The article also offers other, more meaningful performance measures, and describes how they can be used to more accurately measure and sustain effective prosecution practices.

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Integrating a Trauma-Informed Response in Violence Against Women and Human Trafficking Prosecutions

This Strategies Newsletter describes a trauma-informed approach to responding to these crimes and discusses practices where such an approach has already been incorporated, highlighting areas where continued, additional integration is necessary. This article also identifies gaps in the application of the approach, specifically in reference to other co-occurring, violence against women and human trafficking crimes, and suggests strategies to more effectively integrate trauma-informed investigative and prosecutorial practices.

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