- Количество слайдов: 32
Module 7: Working With CSEC Cases “Pimps get a slap on the wrist. I pressed charges against a pimp and he got two months…that’s crazy” -CSEC Survivor
Objectives • Understand potential strategies for effective collaboration between federal and local law enforcement • Understand the challenges of successfully prosecuting a CSEC case • Learn how to effectively prep a CSEC victim for court
Protection vs. Prosecution
Discussion Questions • How does your community treat this issue? • Do you believe in decriminalization of children for prostitution offenses? Why/why not?
Current Applicable Laws
3 Tiers of Law • Local • State • Federal
Local Initiatives • Kristi House/Project GOLD • DCF “Human Trafficking” maltreatment code for the abuse hotline. • CSEC Working Group
Kristi House Project GOLD Kristi House/Project GOLD provides comprehensive case management, therapeutic, empowerment and advocacy services for girls 11 -18 who are being commercially sexually exploited or are at-risk for involvement in the sex industry. Boys can access Kristi House services through regular channels as victims of sexual abuse.
DCF “Human Trafficking” Code Department of Children and Families (DCF) now has a “Human Trafficking” maltreatment code for the abuse hotline. There are protocols set up for the child welfare system to respond to and investigate each of these calls and link the victims with appropriate services.
CSEC Working Group WHO? There are 80 community members on the member list and about 12 people consistently show up to meetings, including DCF, FBI, MDPD and several other foster care and community agencies, and a few student activists doing work within their universities. WHAT? The CSEC Working Group has 2 main priorities on its agenda this year: 1) Developing protocols outlining how the group will work together to process CSEC cases. - To do this, the Working Group has been using the Community Response to Trafficking Guidelines written in New York as a model for its outcome document. 2) Education and awareness raising in the community around CSEC. - The idea is to have a general 1 -hour presentation that can be given by a group of interested volunteers who work on this subcommittee to various community agencies. - Subcommittee members also develop marketing and awareness raising materials.
State Laws Florida State Human Trafficking Statute 787. 06 • Victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. ” • Statute 787. 06 defines “human trafficking” as: - transporting - soliciting - recruiting - harboring - providing, or - obtaining another person for transport • Establishes that human trafficking is a second degree felony • Encourages collaboration between state agencies to ensure that human trafficking victims can access social services and benefits • Mandates the preparation and implementation of training programs for state law enforcement personnel, investigators, judges, and attorneys to ensure that state agency personnel are able to identify traffickers and HT victims and direct victims to appropriate agencies for assistance.
Florida Definition of Human Trafficking In Florida, trafficking in persons is: To knowingly: • Transport, • Solicit, • Recruit, • Harbor, • Provide, or • Obtain; Or attempt to do any of the above to a person, through the use of : • Physical harm or the threat of physical force; • Physical restraint, isolation, or confinement (or threats to do so) without lawful authority and against her/his will; • Using lending or other credit methods to establish a debt by that person or another person; • Abuse of immigration/government identification documents; • Financial harm or control; • Fraud or coercion for the purpose (s) of: • Sexual exploitation, or • Forced labor.
Other State Statutes “Sex trafficking of minors is criminalized under the Florida prostitution laws, rather than specifically in the Florida human trafficking law. Florida Statute 796. 03 makes the procurement or prostitution of a minor a second degree felony without any requirement to prove knowledge of the minor’s age. 796. 035 makes it a first degree felony for a legal guardian or “other person having custody or control” over a minor to sell, transfer or provide the minor with knowledge that the minor will be used in a commercial sex act. Procuring a person under age of 18 for prostitution and selling or buying of minors into sex trafficking or prostitution are clearly and specifically criminalized with a second degree felony penalty. 796. 045 provides an enhanced penalty to first degree felony when force, fraud or coercion is used in the prostitution of a minor under 14 years of age. ” Shared Hope, “Domestic Minor Sex Trafficking Child Sex Slavery in Broward and Dade Counties, Florida” June 2009, 35.
Florida Safe Harbor Act • The Florida Safe Harbor Act (HB 535) is currently under consideration in the Florida House of Representatives. • Modeled after the NY State Safe Harbor Act, the Florida Safe Harbor Act is designed to recognize children who’ve experienced commercial sexual exploitation as victims, rather than perpetrators. • Under the proposed legislation, CSEC victims will be removed from the juvenile justice system (where they are currently placed as perpetrators) and will be placed in the custody of the Department of Children and Families (DCF) through dependency proceedings.
Florida Safe Harbor Act The Florida Safe Harbor Act seeks to recognize and serve CSEC victims by: • • • Providing specific services to meet the particular needs of CSEC victims; Refining the definition of a sexually exploited child; Amending the custody, shelter and disposition procedures to provide specially-designed short and long term safe houses for CSEC victims; Contracting authority of DCF for the creation of short and long term safe houses. Requiring the provision of short term safe houses in each district and at least one long term safe house statewide (dependent upon funding availability); Amending the prostitution statute to no longer apply to children under age 16. And, creating a rebuttal presumption that children ages 16 and 17 be placed in dependency rather than delinquency.
Federal Laws • The Trafficking Victims Protection Act (TVPA) of 2000, and its subsequent Reauthorizations in 2003 and 2005 • The PROTECT Act of 2003 • The Adam Walsh Child Protection and Safety Act of 2006 • The Mann Act of 1910 (Also known as the White Slave Traffic Act)
Federal vs. State Laws • Federal laws have increased penalties: 15 year statutory minimum. • Federal statues prohibit known prostitution of a minor. Federal laws, as opposed to state laws, require proving knowledge. • If you are building a case against an exploiter with one victim, use state or local laws. In the case of one exploiter and multiple victims, or interstate trafficking, use federal statutes.
Federal and State Law Enforcement Working Together
Ways State and Fed Can Work Together • Joint investigations • Feds accompanying law enforcement on brothel raids • Feds and law enforcement following up on tips received from NGOs or other sources • Specialized unit/commander responsible for CSEC • Local police should have or create a specialized unit or at least a responsible commander/supervisor for CSEC • This unit/person handles all potential human trafficking/CSEC matters • Liaison with the federal authorities and U. S. Attorney’s Office • Provide training to local precincts on identifying potential CSEC cases and who to contact with such a case • Creating a network • Federal and local officers and prosecutors (AUSAs & ADAs) should be in contact with one another to handle matters collaboratively • Establish a protocol (even if informal) of how these cases should be referred or handled • Train local precinct officers on identifying victims/cases and where to refer them
Discussion Questions • What has been your experience with federal/local collaboration? • What are some of the pros and cons of collaboration?
Activity: On The Ground Collaboration The Griffiths Brothers
Debriefing Question Are there any strategies you can apply from the case study and/or the tips provided to your own collaborations?
Activity: “Good” Witness / “Bad” Witness
Activity: “Good Witness” / “Bad Witness” Working Group Questions • Why are some victims perceived differently by the justice system? • Why do juries respond better to some victims than others? • What makes an “ideal” witness in a trial?
Preparing Victims for Trial
Challenges with CSEC Victims • They rarely use calendars • Probably not going to school • Weekends/weekdays are extremely similar in “the life” • Night/day is often blurred in “the life” • They are traumatized and may have difficulties remembering details clearly
Activity: The Calendar Exercise
Activity: Calendar Exercise Group Discussion: Do you remember where you were on (the chosen date)? Who you talked to? What you were wearing?
Activity: Additional Strategies for Prepping CSEC Victims Working Groups: Create five new specific strategies for prepping CSEC victims
Debriefing Questions: • Did you learn anything from this exercise that could be helpful in your work? • Are there any other strategies that you have used or could use that might address additional challenges in working with CSEC victims?
5 Major Challenges of Presenting CSEC Victims As Good Victims 1. Fuzzy on Dates/Details 2. Doesn’t display ‘appropriate emotions’, i. e. doesn’t cry or breakdown, may smile when talking about abuse 3. Wavers on Following Through 4. Unsympathetic to the Jury 5. Changes Story-Gives Different answers
Debriefing Question In thinking about investigating and prosecuting the perpetrators and ensuring support for victims, are there any law, policies or protocols in your community that need to be developed or implemented?