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From Jail, to Bail, to Sale: Trafficking and the Criminal Justice System

Traffickers target individuals whom they believe they can exploit with impunity – individuals who are accessible, vulnerable, and less likely to report their exploitation to law enforcement. As a result, individuals who have a criminal record, are under court supervision, or are otherwise subject to the authority of the criminal justice system are at higher risk for exploitation. Individuals who also struggle with addiction and substance use disorders are especially vulnerable to coercion. The Department of State’s Trafficking in Persons (TIP) Report has identified “participants in court-ordered substance use diversion programs” as individuals especially vulnerable to sex and labor trafficking, and recent news reports have validated this assertion. Likewise, the U.S. Department of Justice’s 2022 National Strategy to Combat Human Trafficking includes action items aimed at countering common trafficker tactics of manipulating and exploiting individuals with substance use disorders.

This presentation identifies trafficking schemes that involve recruitment from local jails and prisons, as well as from court-sanctioned treatment programs as an alternative to incarceration. The presenters focus on strategies to address victim safety concerns and investigate and prosecute trafficking that intersects with the criminal justice system. Throughout the discussion, the presenters underscore the importance of trauma-informed practices and a multidisciplinary response that includes meaningful access to survivor-led programing and low-barrier services, including appropriate healthcare.

Learning Objectives:
-Identify how traffickers identify, recruit, and coerce victims from jails, prisons, and court-ordered programs.
-Investigate and prosecute human trafficking cases in which victims have intersected with the criminal justice system.
-Collaborate with allied professionals to overcome barriers and provide meaningful access to justice for systems-involved victims.

This presentation was produced 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 in this presentation are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice.

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A Course of Exploitation: The Intersection of Stalking and Sex Trafficking

When offenders engage in a course of conduct that includes sexual exploitation, they perpetrate dangerous and often misidentified and misunderstood crimes, including stalking and sex trafficking. Both crimes are highly contextual in nature and require a nuanced analysis of the relationship between the offender and the victim, as well as the various tactics utilized by abusers to control, intimidate, and traumatize victims with impunity. Stalking behaviors are used to force or coerce individuals to engage in commercial sexual activities or to intimidate and prevent them from engaging with the criminal justice system.

Presenters explore the dynamics of stalking and sex trafficking. They focus on the importance of understanding the context in which both crimes occur and the common tactics used by perpetrators. This presentation provides strategies to improve the identification of these “course of conduct” crimes, increase offender accountability through successful investigations and prosecutions, and minimize further harm to victims and survivors by ensuring they are connected with meaningful services and tools to plan for their safety.

At the end of this presentation, participants will be better able to:
-Recognize the intersections between stalking and sexual exploitation
-Investigate and prosecute crimes of stalking and sexual exploitation
-Connect victims and survivors to meaningful services, including safety planning

 

This project was supported by Grant No. 15JOVW-21-GK-02220-MUMU and 2017-TA-AX-K074 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this program are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

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Foundations of Sexual Violence Prosecutions: Capturing the Totality of the Sexually-Violent Offender

This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting sexual violence cases. In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting sexual violence. 

In this episode, Jane and Attorney Advisor Jenn Dolle discuss crimes that commonly co-occur with sexual violence. They also discuss how prosecutors can assess cases to make approach charging decisions and how additional charges may enhance offender accountability as well as the safety of victims and communities.

At the conclusion of this episode, viewers will be better able to:
– Recognize that crimes of sexual violence commonly co-occur with other offenses
– Evaluate evidence and case dynamics to make appropriate charging decisions
– Ensure offenders are prosecuted for the full scope of their criminal activity

Additional resources related to this episode:
– Responding to Stalking: A Prosecutor’s Guide to Stalking
– Just Exits Initiative
– Prosecuting Image Exploitation
– The Prosecutors’ Resource on Witness Intimidation

 

This project was supported by Grant No. 15JOVW-21-GK-02220-MUMU awarded by the U.S. Department of Justice, Office on Violence Against Women (OVW). The opinions, findings, conclusions, or recommendations expressed in this presentation are those of the authors and do not necessarily reflect the views of the Department of Justice.

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A SANE Approach to Human Trafficking Cases

Sexual Assault Nurse Examiners (SANEs) are invaluable collaborative partners in a prosecutor’s response to human trafficking. Victims of sex and labor trafficking are at risk of serious injury, as well as short- and long-term physical and psychological health consequences, and SANEs provide much-needed medical care to these patients. Trafficking investigations and prosecutions are also enhanced by the addition of SANEs to a multidisciplinary team. SANEs document injury, collect evidence, and provide critical insight into medical issues and survivor responses to trauma that can educate criminal justice practitioners and jurors alike.

Co-presented by SANE and prosecutor subject-matter experts, this presentation demonstrates the value of collaboration in trafficking cases. The SANE explains the health risks associated with sex and labor trafficking, the content of a medical forensic examination, and documentation of victim statements and demeanor. The prosecutor provides strategies to improve the investigation and prosecution of trafficking cases by using SANEs as fact and expert witnesses and litigating the admissibility of victim statements under the medical hearsay exception.

At the conclusion of this presentation, participants will be better able to:
-Enhance prosecutions by ensuring that victims of sex and labor trafficking are provided meaningful access to health care and injuries and medical history are documented
-Articulate the role of the SANE in providing medical-forensic exams
-Present medical evidence and expert testimony at trial

 

This presentation was produced 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 in this presentation are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice.

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Justice Systems from a Child’s Perspective: Supporting Young Trafficking Survivors

This webinar highlights the Center for Court Innovation’s (CCI) Child Witness Materials Development Project, an initiative funded by the Office for Victims of Crime (OVC) and a partner project of AEquitas. In 2021, OVC published a package of support materials for child victims and witnesses of crime that CCI had created, and in January 2022, OVC published an additional package of interactive support materials specifically for youth who have experienced human trafficking. A multidisciplinary group of national trafficking experts with professional and and lived experience contributed to the design and development of these materials.

In this webinar, participants learn more about how young trafficking survivors experience the justice system, and how they can address youth’s needs and provide developmentally-appropriate information and emotional support. Participants learn how to effectively use the Child Witness materials in their roles so youth feel more informed and empowered as they navigate their own healing process in addition to navigating the system.

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Maximizing Justice, Minimizing Harm: The Prosecutors’ Role in Achieving Survivor-Centered Justice

Prosecutors are leaders, serving their communities by protecting victims and holding offenders accountable. Prosecutors wield wide powers of discretion and therefore are tasked with being gatekeepers to, and from, the criminal justice system. When communities develop responses to human trafficking cases, prosecutors are uniquely positioned to guide policies and practices, including how victims and survivors are treated when they interact with the criminal justice system. Beyond the traditional role in the courtroom, prosecutors can also shape community responses by convening members of the community, educating the public, and prioritizing operations aimed at identifying and serving the most vulnerable individuals in our communities.

This presentation focuses on how prosecutors can collaborate with others to better serve their communities by holding traffickers accountable and protecting victims and survivors in meaningful ways. The presenters provide strategies to leverage the prosecutor’s leadership role to positively influence how investigations are initiated, conducted, and charged. Additionally, the prosecutor’s overlapping ethical obligations are discussed, focused on the duty to achieve justice over convictions and to proactively remedy wrongful convictions.

Learning Objectives:
– Leverage leadership role to promote trauma-informed, victim-centered policies and practices
– Collaborate with traditional and non-traditional partners to hold offenders accountable
– Partner with victim service professionals to ensure that survivors of sex and labor trafficking have meaningful access to appropriate services