Chapter 12: Human Trafficking
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Chapter 12
Human Trafficking
Learning Objectives
1. Discuss the major legal provisions of U.S. laws on sex trafficking.
2. Identify the precipitating factors that most commonly contribute to children becoming
involved in prostitution.
Introduction
Human trafficking has emerged as the second largest money maker for criminals in the world
today, exceeded only by drug sales. Not too many years ago it was in third place behind arms
sales. The reason human trafficking is so lucrative is that unlike the sale of drugs, which are sold
then used once, a human being can be sold over and over again thus generating enormous profits
with very little investment.
The discussion starts with some of the most important federal laws in sex trafficking that law
enforcement officers have available to them to combat sex trafficking, along with a brief
discussion of existing state laws on human trafficking. Then, there is a discussion on the
important role federal prosecutors and federal law enforcement officers play in sex-trafficking
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women they wish to exploit for prostitution. The protocols that should be followed when
interviewing sex-trafficking victims in order to maximize their cooperation and to elicit as much
information as possible for the future prosecution of their traffickers has also been covered. The
authors then proceed to discuss the investigation of foreign women and children who are
Lecture Notes
I. U.S. Laws on Sex Trafficking
A. The Mann Act
The Mann Act, passed on June 25, 1910 (also known as the White Slave Traffic Act), was
B. The Travel Act
The Travel Act federalizes the crime of operating prostitution businesses. The Travel Act,
passed in 1952, is similar to the Mann Act in that it does not require a showing of compelled
prostitution.
II. Trafficking Victims Protection Act 2000
In 2000, the U.S. Government enacted the Trafficking Victims Protection Act (TVPA), which
A. Creation of Special Status Visas
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An important part of the 2000 Trafficking Victims Protection Act was the creation of two
special status visas, namely the U visa and the T visa.
B. The U Visa
In order to help victims overcome their fear of deportation, Congress has created the U visa.
C. The T Visa
The T visa on the other hand is available for victims who self-petition to stay in the United
States for up to four years if they can show the following:
• They have been a victim of a severe form of trafficking.
III. Trafficking Victims Protection Reauthorization Act 2003
The Trafficking Victims Protection Reauthorization Act 2003 was passed by Congress in
IV. Trafficking Victims Protection Reauthorization Act 2005
The Trafficking Victims Protection Reauthorization Act 2005 gave jurisdiction to U.S. courts
over government employees who become involved in human trafficking abroad. The amendment
V. William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
authorizes the appropriations for 2008 through 2011 for the TVPA and establishes a system to
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VI. Frederick Douglass Trafficking Victims Protection Act Of 2017
Some of the major elements of the Frederick Douglass Trafficking Victims Protection Act of
2017 include the following:
• Amends the Omnibus Crime Control and Safe Streets Act of 1968 to specify that
Community Oriented Policing Services program grants are used to hire resource officers
VII. Federal Laws Related to Domestic Minor Sex Trafficking
Table 12-1 in the text summarizes federal laws and penalties that are most commonly used in the
prosecution of domestic minor sex trafficking.
VIII. Racketeer Influenced and Corrupt Organizations Act (RICO)
Congress enacted the Racketeer Influenced and Corrupt Organizations Act (RICO) in 1970
A. Harsher Penalties under RICO
A criminal RICO violation allows for a 21-year prison sentence, or more if the underlying
IX. The Role of Federal Prosecutors and Federal Law Enforcement in Human Trafficking
Cases
The Criminal Section of the Department of Justice’s (DOJ) Civil Rights Division, in
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A. Human Trafficking Prosecution Unit (HTPU)
Since the U.S. attorney general created the Human Trafficking Prosecution Unit (HTPU)
within the Criminal Section of the Civil Rights Division in January 2007, the HTPU has
B. The Role of the FBI in Assisting Federal Prosecutors in Sex-Trafficking Cases
Special agents in the Civil Rights Unit (CRU) at FBI headquarters and in field offices around
the country investigate sex trafficking in the United States. FBI legal attachés at U.S.
C. The Role of ICE in Assisting Federal Prosecutors in Sex-Trafficking Cases
The role of ICE regarding sex trafficking is straightforward: to disrupt and dismantle domestic
X. State Laws on Human Trafficking
The Innocence Lost Initiative is a collaboration of federal and state law enforcement authorities
XI. Where to Prosecute: Federal or State Courts
In the final analysis, law enforcement officers will always be guided by the advice and
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XII. Identification and Investigation of Child Sex-Trafficking Cases
The identification and investigation of child sex-trafficking cases pose many challenges for law
enforcement. One challenge is the lack of awareness and training for law enforcement in how to
XIII. The Demographics of Sexually Exploited Children
A. Nature and Scope of the Problem
In trying to understand the scope of the problem of youth who engage in prostitution, it is
important to recognize that the often hidden population of homeless and runaway youth—
B. The Demographics of Sexually Exploited Children
According to one U.S. Department of Health and Human Services report, up to 300,000
prostituted children may live on the streets in the United States. The vast majority of youth
C. Precipitating Factors Affecting Why Children Become Involved in Prostitution
Homelessness, poverty, and intolerance of their sexual orientation may all affect children who
D. Various Factors That Leave Youth Vulnerable to Traffickers
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The primary factor of vulnerability is the child’s age. Any child can become a trafficking
E. Running Away from Home
According to statistics from the National Runaway Switchboard, between 1.6 and 2.8 million
F. Survival Sex
Among runaway and homeless youth, up to one-third report engaging in street prostitution as
G. Early Childhood Abuse and Neglect
The homes children run away from are often marked by emotional, physical, or sexual abuse,
H. Familial Trafficking
Connected to the issue of physical and sexual abuse is the problem of familial trafficking—
I. Drug-Addicted Parents
Having a drug-addicted parent creates several areas of danger—the parents themselves,
XIV. Psychological and Emotional Difficulties
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Whether caused by problems in the home or some other contributing factor, both boys and girls
XV. Mental Health Symptoms
Depression, anxiety, hostility, irritability, recurring nightmares, memories of abuse, difficulties
concentrating and sleeping, and feelings of apathy or emotional detachment are all symptoms
XVI. Post-Traumatic Stress Disorder and Sex-Trafficking Victims
Post-traumatic stress disorder (PTSD) is a term that describes a mental health disorder caused,
in part, by exposure to one or more traumatic events. This disorder manifests in a number of
severe psychological symptoms experienced by those who have been exposed to a life-
threatening experience that has had a traumatic effect on them.
A. Symptoms of Post-Traumatic Stress Disorder (PTSD)
Studies of sex-trafficking victims have found that they display many PTSD symptoms, some
of the most common symptoms are as follows:
• Headaches
XVII. The Stockholm Syndrome (Survival Identification Syndrome/Trauma Bonding)
Investigators are sometimes mystified by the reaction of women and children, who they rescue in
sex-trafficking operations, because in some cases the rescued victims not only refuse to
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Identification Syndrome or trauma bonding.
A. Central Characteristics of the Stockholm Syndrome
Most experts agree that the Stockholm syndrome has three central characteristics:
• The hostages have negative feelings about the police or other authorities.
XVIII. Recruitment and Pimp Control
A pimp’s process of recruitment and control are sophisticated. There is a calculated method to
preying on youth, and the pimps share tactics with one another, assist one another, and craft their
techniques together.
A. The Initial Approach by the Pimp
The pimp’s initial approach may be to just gather information about the girl’s circumstances.
B. Seasoning Techniques and Tactics of Power and Control
Before a girl has been “turned out,” the pimp may “season” her for life as a prostitute with
C. The Use of Pornography as a Means of Control
Forcing performance in pornography is another means by which pimps achieve control over
D. Sex for Drugs
Given the high rate of substance abuse among runaway and homeless youth, the “sex for
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XIX. Sex Trafficking of Foreign Women and Children into America
A. The Differences Between Trafficking and Smuggling
Smuggling occurs when someone is paid to assist another in the illegal crossing of borders. If
B. Stages of International Sex Trafficking
There are essentially four stages of the trafficking of international women into the United
States, namely, recruitment, transportation, delivery/marketing, and exploitation.
Recruiters, traffickers, and pimps who engage in trafficking foreign women for the purpose of
The main means of trafficking women from Eastern Europe and Asia into the United States is
by air. Most often, these women are trafficked according to a previously planned route, often
using the services of a tourist agency that may or may not be linked to trafficking.
Trafficked women are extremely vulnerable for three reasons. First, as undocumented aliens,
many women do not know they have rights and therefore are fearful of seeking assistance
C. Factors Contributing to the Exploitation of Trafficked Women
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Globalization, along with dramatic shifts in the politics and economies of some countries, has
facilitated the movement of women for the sex trade from one country to another.
Transnational trafficking of women became a new type of crime in the republics of the former
Soviet Union.
XX. Indicators of Sex-Trafficking Venues
The following are some of the indicators of a venue where sex trafficking may be found:
• There is excessive taxi traffic at the residence or place of business.
A. Types of Calls or Contacts That May Indicate Human Trafficking
The following are some of the types of calls or contacts that may indicate human trafficking:
• Sexual assault
• Aggravated assaults/battery
XXI. Suggested Interview Protocol for Sex-Trafficking Victims
The setting in which an interview takes place can be as important as the questions that are asked.
It is crucial to establish a safe space to help victims feel more comfortable and protected. To help
allay victims’ fears from the onset of an interview, the following techniques have proven
effective:
• Before conducting a screening, service providers should fulfill some basic needs, such as
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A. Developing Trust and Demonstrating Respect During Interviews
When the victim is ready to answer the victim identification questions, interviewers may wish
to keep the following techniques in mind:
• Express prior knowledge of and experience with similar cases where appropriate, and
allow the victim the opportunity to relay any questions or fears they may have.
B. Maintaining Confidentiality
In order to maintain confidentiality, interviewers should remember the following:
• Mandatory reporters may not want or need to obtain the level of detail elicited by the
C. Additional Considerations for Law Enforcement
When working with trafficking victims, law enforcement officers may wish to keep the
following in mind:
• Enlist the help of victim specialists wherever possible.
D. Some Considerations When Asking These Questions
These questions are as follows:
• Law enforcement officers may re-phrase the questions on the screening tool as
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necessary to ensure that they understand clearly what the officers are asking.
XXII. Corroborating Evidence in Sex-Trafficking Cases
A. Phone Records
Phone records subpoenaed from phone companies can reveal crucial details about the identity
B. Transportation Receipts
Train, bus, and plane ticket information, obtained via subpoena, can be used not only to track
C. Electronic Evidence
Computer information is vital to any trafficking investigation. Like young adults everywhere,
D. Photographs
Case law allows photographs to be used to prove elements of crimes or to defeat potential
E. Surveillance and Crime Scenes
Surveillance of locations and individuals can be used to verify the location of a sex-trafficking
operation and the identities of those involved in it. Key indicators of sex trafficking include
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F. The Need for a Search Warrant
In the absence of consent to search a location of interest, police officers must ordinarily obtain
G. Wiretaps
By allowing a third party to monitor telephone or Internet conversations covertly, wiretapping
enables prosecutors to listen to conversations between a trafficker and those involved in the
H. The Need for Translators
Sex-trafficking cases often require the use of translators. When a translator is used to
I. Business Records
Business records are often key pieces of evidence, but a prosecutor wishing to introduce
records, documents, or ledgers as a business record must lay a proper foundation. Traffickers
XXIII. Demand Reduction as a Primary Prevention: The John Factor
In any discussion of sex trafficking it is important to understand the role played by the customers
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(johns). There are a number of things that can and are being done to address this component of
the sex-trafficking problem.
A. Reverse Stings
The most commonly used tactic to address demand for commercial sex is usually referred to
XXIV. The Use of the Internet to Promote Commercial Sex
The Internet has been used with increasing frequency to transact commercial sex. It is widely
A. Online Reverse Stings
Online reverse stings are easy for police to initiate. The typical procedure is to post a decoy
XV. The Use of Surveillance Cameras as a Deterrent to Soliciting Prostitution
While cameras are very widely used for general surveillance purposes, and the growth in their
XXVI. The Multi-Agency Task Force
A multi-agency sex-trafficking task force is necessary because it is impossible for any single
agency or organization to respond comprehensively to the problem of human trafficking. The
A. The Core Team Model
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Similar to most organizational startups, Task Force development begins with a small core
B. Core Team Members Initial Responsibilities
The following are some of the initial responsibilities that core team members share:
• Research and analyze the feasibility of forming a task force.
C. Core Team Representatives
The core team should include representatives from the following departments:
• FBI
• Federal and/or state labor department