Human Trafficking – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 RantCrush Top 5: July 24, 2017 https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-july-24-2017/ https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-july-24-2017/#respond Mon, 24 Jul 2017 16:00:26 +0000 https://lawstreetmedia.com/?p=62319

Check out today's top 5 stories!

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Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Jared Kushner Releases Remarks, Denies Collusion

Today, President Donald Trump’s son-in-law and close adviser, Jared Kushner, released his prepared remarks to the Senate Intelligence Committee. The meeting will be behind closed doors and Kushner will not be under oath when he testifies–although it is illegal to lie to Congress regardless. According to the prepared remarks Kushner released prior to his testimony, he will be claiming that he was in no way involved with any sort of Russian collusion during the 2016 election.

At particular issue is the 2016 meeting between Kushner, Donald Trump Jr., and a Kremlin-connected lawyer, among others. Emails released by Trump Jr. reveal that the lawyer claimed to have information about Trump’s opponent Hillary Clinton; Kushner claims that he had no idea what the meeting was going to be about. Kushner also claimed in his prepared remarks that his failure to disclose certain meetings and information on his SF-86–a security form–was based on inexperience and miscommunication with his staff. But not everyone is buying Kushner’s excuses.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Human Rights Justice Served as Japan and South Korea Address Violations Against “Comfort Women” https://legacy.lawstreetmedia.com/issues/world/human-rights-justice-served-japan-south-korea-address-violations-comfort-women/ https://legacy.lawstreetmedia.com/issues/world/human-rights-justice-served-japan-south-korea-address-violations-comfort-women/#respond Fri, 08 Jan 2016 16:42:28 +0000 http://lawstreetmedia.com/?p=49876

What does this mean for human trafficking worldwide?

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On December 28, 2015, South Korea and Japan entered into a monumental agreement as the countries addressed the injustices made against “comfort women“–approximately 200,000 South Korean women who were recruited into prostitution and servitude by the Imperial Japanese Army during World War II. Women, some as young as 11, were kidnapped during this time, forced into sexual bondage and servitude where they were raped, tortured, and subjected to extreme violence by Japanese soldiers in “comfort stations” found in Japanese military camps. To date, this barbaric and horrific behavior left an open, festering, and unaddressed wound causing heavy tensions between the two nations for several decades.

The agreement reached required action on both sides as Japan admitted that it was “painfully aware of responsibilities from this perspective,” referring to the attack on the women of South Korea’s honor and dignity. Japan sincerely apologized–something it was not willing to do before as it questioned whether it was responsible for the development of “comfort women,” and additionally, it agreed to provide ¥1 billion ($8.3 million) in government funds to the South Korean women subjected to prostitution during WWII by the Japanese Army. In compliance with the agreement, South Korea agreed to accept the monetary compensation through a fund rather than a direct compensation to the women who had suffered so that the “money didn’t represent direct compensation for wrongdoing.” Critics of the agreement noted that the development of a fund rather than direct compensation was Japan’s way of avoiding the recognition that the women recruited into prostitution were done so “by the Japanese government and military systematically.”

Regardless of criticism, the landmark agreement reached between Japan and South Korea is a big deal for human rights. While forced prostitution, sex slaves, and human trafficking in Asia may not call for direct attention from the West, the trade is a massive violation of human rights and a booming business–as it is “the fastest growing industry in the world, and the second largest business after arms dealing in the 21st century.” Read on to learn more about “comfort women,” the wound left by the Imperial Japanese Army following WWII, and the attention that comfort women have brought to the human trafficking violations occurring today.


“Comfort Women” Beginnings

In August of 1910, Japan annexed the sovereign nation of what once was Korea and begun its 35-year-long imperial hold over the area and its people. In 1931, Japan launched what presumably would be noted as the start of WWII with its invasion of Manchuria, which ultimately led to its progression through China and Southeast Asia.

During this time, Japanese soldiers began to develop areas within their military camps dubbed “comfort stations” where they would be able unwind after long days of fighting and obtain sexual services. These stations were full of kidnapped and imprisoned women that were raped and forced to service soldiers dozens of times per day.

Japanese soldiers largely recruited women from Korean communities by luring them with promises of good jobs in big cities. Their dreams quickly came crashing down as they were locked up in three foot by five foot rooms in Japanese military bases and suffered the harshest of conditions–forced into sexual servitude, which at certain times could reach up to 60-70 encounters with soldiers per day. As war ensued, the Japanese military’s numbers increased and the soldiers began raiding villages and simply taking women as they pleased and killed anyone that stood in their way or protested against their behavior. The more need or desire that was expressed by the soldiers, the more brutal and barbaric the recruitment and treatment of comfort women became. Furthermore, women were cramped into tight spaces only separated by a tatami or a mat that did not reach the floor leaving the women exposed to others during rapes and beatings and allowing for sound to travel easily from cubicle to cubicle.

Accordingly, to ensure that a young woman was a virgin or of very immature sexual status and development, Japanese soldiers specifically targeted young women between the ages of 14-18. Women who tried to fight for themselves ended up dead or sterilized. Survivors of these horrendous crimes recounted the following:

We had to serve over 5,000 Japanese soldiers as sex slaves every day – up to 40 men per day. Each time I protested, they hit me or stuffed rags in my mouth. One held a matchstick to my private parts until I obeyed him. One Korean girl caught a venereal disease from being raped so often and, as a result, over 50 Japanese soldiers were infected. In order to stop the disease from spreading and to ’sterilize’ the Korean girl, they stuck a hot iron bar in her private parts. –Testimony of Chong Ok Sun

One day, a new girl was put in the compartment next to me. She tried to resist the men and bit one of them in his arm. She was then taken to the courtyard and in front of all of us, her head was cut off with a sword and her body was cut into small pieces. –Testimony of Hwang So Gyun

Venereal disease and fear of pregnancy plagued the women that were forced to service Japanese soldiers. One woman recollected that her son was born mentally handicapped because of the numerous diseases she had caught during her servitude. They were also expected to continue serving even through their menstrual cycle. The “Ten Day Report of the 21st Army Unit of the Japanese Army stationed at Kwandong, China, from 11 to 21 April 1939″ highlighted the fact that approximately 1,000 “comfort women” served 100,000 soldiers in that specified region during that time. Their service was required even in the harshest, most unacceptable of conditions, otherwise, these women met death.

Due to the lack of specific and official documentation, many of the injustices done to the young women kidnapped from their homes in Korea during WWII were not addressed. Very few documents throughout the course of history have directly been linked to the Imperial Japanese soldiers’ barbaric behaviors and actions. The substantive and now recognized facts pertaining to the recruitment and treatment of comfort women during this time was easily refuted post WWII as it was only recollected testimony from the victims and survivors themselves.

This is precisely why Japan long refused to acknowledge that it was responsible for the horrors done to comfort women. As decades passed and South Korean survivors demanded an apology without avail, Japan continued to ignore or defend its soldiers’ reprehensible acts. This emotional and dark past drove territorial disputes and in some cases caused the nations to work against each other on issues that threatened both due to geographical and geopolitical standing, such as “North Korean belligerence and Chinese assertiveness.” Japan and South Korea’s move to formulate an agreement and put the dark past behind them has allowed for some people of South Korea to feel as if justice was finally served and granted the two nations the ability to move forward in cooperation.


Modern Day Slavery: Sex and Labor Trafficking

It’s very difficult to estimate the exact number of modern-day human trafficking victims however, current data finds that approximately 36 million people are being trafficked, nearly 2/3 coming from Asia. While this industry is dark and dirty, it keeps growing because the revenue generated has totaled approximately $150 billion in profit. The international community has, to date, been unsuccessful in tackling human trafficking, both sex and labor trafficking, due to its inability to decipher the populations being affected, the geographical locations that face the most dire circumstances, how to properly define the issue, and how to enforce the agreements that have been in place but fail to be followed by local law enforcement of the regions suffering. The fact that it took Japan several decades to recognize its injustices and begin the reconciliation process with South Korea and its victims highlights the difficulty in showing harm done and getting all parties to listen for a meaningful resolution.

Weak national legislation and corrupt government conduct has contributed to the growing human trafficking problem in Asia. For example, all Association of Southeast Asian Nations, or ASEAN, are part of the “Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime,” which is a non-binding and voluntary forum created in 2002 that is co-chaired by the governments of Indonesia and Australia. Even with their involvement in such forums, and considering the fact there are only a few ASEAN nations that have yet to pass anti-trafficking laws, there is still a growing challenge in getting these countries to take practical action to combat human trafficking–funding for projects that are not a priority is next to impossible. Trying to find funding for such projects in nations where poverty levels are high and government funds depleted poses a significant challenge to victimized and suffering communities.

Human trafficking is not simply a problem to throw money at–it requires a plan with a solution, education of victims and law enforcement, and an adequately functioning government that will enforce the laws and procedures that it has agreed to regarding trafficking. The issue ultimately becomes local level enforcement, something that the international community has desperately failed to resolve.


Conclusion

While absolutely nothing will free these survivors of the grotesque crimes they endured, Japan’s recognition of the injustices done to South Korean women during WWII is a step forward in reconciling the deep and unapologetic wound left by Japanese soldiers, one that had thus far been denied altogether or swept under history’s rug. The agreement made between Japan and South Korea at the end of December not only sought to right the wrongs made at the hands of Japanese soldiers, but brought to light the horrors of human trafficking and modern day slavery that still largely exists in Asia.

Regardless of the difficulties that human trafficking presents for both survivors and advocates, it is clear that the agreement between South Korea and Japan has placed the horrors of sex trafficking and forced prostitution on a recognizable world stage, particularly by the West. It has worked to restore a sense of dignity and humility back into the lives of former comfort women that are still living today with the scars of a dark and unimaginable past and sought to provide funding to survivors in South Korea for the wrongs endured.


Resources

Primary

The Wall Street Journal: Full Text – Japan-South Korea Statement on “Comfort Women”

Additional

Yahoo! News: South Korea, Japan Agree to Irreversibly End “Comfort Women” Row

The Wall Street Journal: Japan, South Korea Agree to Aid for “Comfort Women”

The Huffington Post: The History of ‘Comfort Women’: A WWII Tragedy We Can’t Forget

 Vox: “Comfort Women”: Japan’s 70-Year Sex Slavery Controversy, Explained

United Nations: Economic and Social Council

 National Public Radio (NPR): Elise Goes East!: Revisiting a UN Report on ‘Comfort Women’ as Shinzo Abe Tours the US

Heritage: Combating Human Trafficking in Asia Requires U.S. Leadership

IRIN: Analysis: Southeast Asia’s Human Trafficking Conundrum

Ajla Glavasevic
Ajla Glavasevic is a first-generation Bosnian full of spunk, sass, and humor. She graduated from SUNY Buffalo with a Bachelor of Science in Finance and received her J.D. from the University of Cincinnati College of Law. Ajla is currently a licensed attorney in Pennsylvania and when she isn’t lawyering and writing, the former Team USA Women’s Bobsled athlete (2014-2015 National Team) likes to stay active and travel. Contact Ajla at Staff@LawStreetMedia.com.

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ICYMI: Top 10 Issues of 2015 https://legacy.lawstreetmedia.com/news/icymi-top-10-issues-of-2015/ https://legacy.lawstreetmedia.com/news/icymi-top-10-issues-of-2015/#respond Fri, 01 Jan 2016 14:30:26 +0000 http://lawstreetmedia.com/?p=49823

What mattered to us in 2015?

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Here at Law Street, we cover the big issues that matter to our readers–from entertainment, to politics, to the law. ICYMI, check out our top issue briefs of the last year, and make sure you start 2016 just as informed as you were in 2015.

#1 School Dress Codes: Are Yoga Pants Really the Problem?

Image courtesy of eric pakurar via Flickr

Image courtesy of eric pakurar via Flickr

Anyone who has been inside of a high school in the last five years has seen some interesting fashion choices by today’s teenagers. Teachers are expected to teach to the tests, teach students how to survive in the real world, personalize the curriculum for IEP students of all levels, and still have their work graded within twenty-four hours. And now? Some districts are adding another dimension: dress code enforcement. Dress codes are an important part of school culture, as they sometimes dictate whether or not a student can even attend class. Some things make more sense when it comes to the dress code: no short-shorts, no shirts with offensive sayings, and no pants that sag too low. There are also some questionable additions to the dress code, namely yoga pants, leggings, spandex running pants and other clothing that fights tightly to the body. With the seemingly endless stream of issues that American school teachers are responsible for this begs the question, are yoga pants really the problem? Read more here.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Talitha Kum: Nuns Pose as Prostitutes to Rescue Human Trafficking Victims https://legacy.lawstreetmedia.com/blogs/world-blogs/network-nuns-pose-prostitutes-rescue-human-trafficking-victims/ https://legacy.lawstreetmedia.com/blogs/world-blogs/network-nuns-pose-prostitutes-rescue-human-trafficking-victims/#respond Tue, 24 Nov 2015 16:26:40 +0000 http://lawstreetmedia.com/?p=49222

These are truly some crime-fighting nuns.

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An international network of crime-fighting nuns known as Talitha Kum has announced plans to expand its anti-human trafficking and slavery organization from 80 to 140 countries.

If this is the first time you’re hearing about Talitha Kum’s organization, I’m not surprised. The reported 1,100 nuns that make up the low-key operation have gone under the radar since first organizing in 2004, using their anonymity to often pose as prostitutes in order to infiltrate brothels and buy children being sold into slavery. Sometimes the women shed their habits and work alongside locals for as little as 2 U.S. cents an hour in order to uncover human rights abuses.

“These sisters do not trust anyone. They do not trust governments, they do not trust corporations, and they don’t trust the local police. In some cases they cannot trust male clergy,” explained Talitha Kum chairman John Studzinski. “They work in brothels. No one knows they are there.”

According to Studzinski, the religious sisters often rely on fundraised money to buy children out of slavery, before placing them in a network of housing they’ve set up to shelter them in countries in Africa, as well as the Philippines, Brazil, and India.

Studzinski also detailed the horrific conditions some of these enslaved women endure. In one case, he recounted an female prostitute being starved of food for a week, and then forced to eat her own feces after failing to have sex with her quota of 12 clients in a day. In another horrific instance one woman was forced to have sex with a group of 10 men at one time.

Combating the world’s human trafficking epidemic is becoming harder and harder, making Talitha Kum’s need for expansion more important than ever. According to Reuters, current estimates claim that a total of one percent of the world’s population is trafficked in some form or another. That number has been roughly translated into a staggering 73 million people being sold. And of those 73 million people, 70 percent are women and half are ages 16 or younger. That being said, the 60 additional countries being served by this courageous network will have a great impact on this crisis.

Learn More: Human Trafficking: Alive in the United States
Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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ICYMI: Best of the Week https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-17/ https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-17/#respond Wed, 08 Jul 2015 00:18:54 +0000 http://lawstreetmedia.wpengine.com/?p=44745

ICYMI, check out the best of the week, including human trafficking in Pennsylvania, the Top 10 small colleges with high crime rates, and ten reasons to #FeelTheBern this election season. #1 Human Trafficking in the U.S.: Pennsylvania Man Sentenced For Horrifying Crime Human trafficking is the second largest form of organized crime in the world […]

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ICYMI, check out the best of the week, including human trafficking in Pennsylvania, the Top 10 small colleges with high crime rates, and ten reasons to #FeelTheBern this election season.

#1 Human Trafficking in the U.S.: Pennsylvania Man Sentenced For Horrifying Crime

Human trafficking is the second largest form of organized crime in the world behind the illegal drug trade. The industry affects 12.3 million people each year, and generates more than $32 billion worldwide, yet many Americans don’t necessarily expect it to take place close to home. Yet the two most common forms of human trafficking, sex trafficking and labor trafficking, are on the rise in many states such as Pennsylvania. Read full article here.

#2 Campus Crime 2015: Top 10 Highest Reported Crime Rates For Small Colleges

Student safety is a high priority for all colleges and universities. While colleges and universities are typically safer than the areas that surround them, many schools face important and unique challenges. Law Street’s Campus Crime Rankings were created to serve as a comprehensive look at the safety of our college campuses, and to act as a resource for students, families, and college communities. Read full article here.

#3 Ten Reasons to #FeelTheBern This Election Season

Bernard “Bernie” Sanders, self-described Democratic Socialist, is a 73-year-old senator from Vermont, the longest serving independent in Congressional history, and a Presidential candidate. He’s been described as “one of the few elected officials who is fundamentally devoted to dealing with the plight of poor and working people” and he’s gaining ground in the polls on the Democratic front-runner, Hillary Rodham Clinton. Read full article here.

Chelsey D. Goff
Chelsey D. Goff was formerly Chief People Officer at Law Street. She is a Granite State Native who holds a Master of Public Policy in Urban Policy from the George Washington University. She’s passionate about social justice issues, politics — especially those in First in the Nation New Hampshire — and all things Bravo. Contact Chelsey at staff@LawStreetMedia.com.

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Human Trafficking in the U.S.: Pennsylvania Man Sentenced for Horrifying Crime https://legacy.lawstreetmedia.com/news/former-school-counselor-sentenced-23-years-sex-trafficking/ https://legacy.lawstreetmedia.com/news/former-school-counselor-sentenced-23-years-sex-trafficking/#respond Fri, 19 Jun 2015 20:57:07 +0000 http://lawstreetmedia.wpengine.com/?p=43468

Human trafficking doesn't just happen abroad.

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Image courtesy of [Victor via Flickr]

Human trafficking is the second largest form of organized crime in the world behind the illegal drug trade. The industry affects 12.3 million people each year, and generates more than $32 billion worldwide, yet many Americans don’t necessarily expect it to take place close to home. Yet the two most common forms of human trafficking, sex trafficking and labor trafficking, are on the rise in many states such as Pennsylvania. In a horrifying example of this phenomenon, a Pennsylvania man named Paul Sewell was just sentenced to 23 years in prison for prostituting young teenagers and producing child pornography, illustrating the prevalence of the crime.

According to the General Assembly of the Commonwealth of Pennsylvania, it has become a source, destination, and pass-through state for human trafficking. Sewell, 49, of Reading, PA, ran a prostitution ring from his home and used the building next door as a brothel. He once ran a car dealership, a bail bond business, and even held a job as a school counselor with the Reading School District. Sewell, who often referred to himself as “God,” would bring in the girls, many of whom were minors, and have sex with them to “test them out.” He would then brand a chosen girl with a tattoo on the back of her neck stating “God” as well as a nickname he gave her. Sewell also advertised the women on his website, and emailed explicit pictures of them to potential clients. The business serviced eight to nine clients a day and Sewell kept 40 percent of the profits that the girls made. When girls no longer wanted to work for Sewell he would sometimes subject them to physical violence to force them to continue working. One of the prostituted children spoke up and stated,

It’s like I had given my soul away in exchange for money… . If it wasn’t for me having a child, I would have killed myself by now. I’m so disgusted with myself.

Sewell has been previously convicted for impersonating a police officer, resisting arrest, and making terroristic threats. Sewell applied to become a police officer in the 1980s but was dismissed from the academy after an altercation at the school’s pistol range. Sewell pleaded guilty in September 2011 to four counts of sex trafficking and three counts of producing child pornography. In addition to the 23-year sentence that he was given yesterday, he will be required to serve five years of supervised release and pay $52,000 in restitution.

Many trafficking victims enter this industry between the ages of 12-15. Not only can trafficking create serious physical harm, it can damage victims mentally and emotionally as well. It is scary to think that someone who was once a school counselor could also run a sex ring. While operating this business, Sewell allegedly had sexual relations with his 13-year-old niece and has fathered fourteen children with ten different women. Even more disturbingly, most of his children lived with him along with many of the women who worked as prostitutes. To think of children living with a man of this sort and being around such a disgusting crime is saddening.

Human trafficking is ruining the lives of countless girls, and it routinely happens right here in the United States. As these businesses continue to grow, the police need to continue to be vigilant. Sewell’s crime should not have gone unnoticed for so long.

Taelor Bentley
Taelor is a member of the Hampton University Class of 2017 and was a Law Street Media Fellow for the Summer of 2015. Contact Taelor at staff@LawStreetMedia.com.

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KU School of Law Students Aid Human Trafficking Victims https://legacy.lawstreetmedia.com/schools/ku-law-class-helps-human-trafficking-victims/ https://legacy.lawstreetmedia.com/schools/ku-law-class-helps-human-trafficking-victims/#respond Wed, 10 Jun 2015 15:30:57 +0000 http://lawstreetmedia.wpengine.com/?p=42407

KU Law is attacking human trafficking at the "nexus" of medicine and law.

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The human trafficking industry involves 20.9 million people and $150 billion dollars each year. One new class at the University of Kansas School of Law is looking to lower those horrifying numbers. Led by KU School of Law Clinical Associate Professor and Director of KU School of Law’s Medical-Legal Partnership Clinic Katie Cronin, KU’s Human Trafficking Law and Policy course requires law students to work on real human trafficking cases and provide resources to attorneys, police, health care workers, and victims of human trafficking.

For example, Marci Mauch, one of Cronin’s students, devised training materials to help police and hospital staff recognize patterns consistent with human trafficking victims. According to the materials, signs that someone may be a human trafficking victim include avoiding eye contact, being unaware of their location, letting somebody else speak for them, having certain illnesses such as STIs, and having injuries that do not match their stories. Cronin came up with the idea of teaching hospital staff how to identify victims after learning that human trafficking victims often end up in emergency rooms.

Other examples of projects devised by Cronin’s students include working on the visa application of a human trafficking victim–the application most likely could not have been filled out by the victim as it was hundreds of pages long and required a certain level of expertise. Other students worked on the creation of a manual for attorneys working T visa cases–a visa afforded to victims who turn their human traffickers into authorities. Yet another worked on the creation of a Know Your Rights brochure for victims served by the Willow Domestic Violence Center.

“It’s sort of shocking how many areas of the law human trafficking does impact,” Cronin said in an interview with KU News Service. “Immigration attorneys can provide services to foreign national victims, and even those law students that go into corporate work can help their corporate clients to make sure that their supply chains remain free of human trafficking.”

The University of Kansas is not the first law school to expose its students hands on to human trafficking cases. For example, Boston University School of Law’s Human Trafficking Clinic offers its students the opportunity to provide legal representation for human trafficking victims and assist attorneys in shaping public policy. Columbia Law School’s Sexuality and Gender Law Clinic regularly prepares reports on human trafficking cases, while the George Washington University Law School and the University of Southern California Gould School of Law clinics directly litigate human rights cases in court.

Still, KU School of Law is unique in its efforts to attack human trafficking at the “nexus” of medicine and law. Director of KU’s Anti-Slavery and Human Trafficking Initiative (ASHTI) Hannah Britton said to the Lawrence Journal-World:

All of these survivors need immediate legal assistance… The problem is that this is a hidden population because it’s a criminal activity… Most victims are very scared to come forward because they are fearful of arrest or deportation. They’ve been isolated, and the traffickers are very skillful at creating fear.

Cronin and her students are doing good work creating much needed avenues for victims to overcome these fears.

Hyunjae Ham
Hyunjae Ham is a member of the University of Maryland Class of 2015 and a Law Street Media Fellow for the Summer of 2015. Contact Hyunjae at staff@LawStreetMedia.com.

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Obama Lashes Out at Senate Over Loretta Lynch Confirmation Hold Up https://legacy.lawstreetmedia.com/news/obama-lashes-senate-loretta-lynch-confirmation-hold/ https://legacy.lawstreetmedia.com/news/obama-lashes-senate-loretta-lynch-confirmation-hold/#respond Sun, 19 Apr 2015 16:31:51 +0000 http://lawstreetmedia.wpengine.com/?p=38267

Loretta Lynch's attorney general nomination has languished in the Senate for six months. What is the GOP doing?

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One of the markers of the current political climate is the animosity between President Obama and Congress. One of the manifestations of this climate can be seen in the fact that Loretta Lynch’s nomination for Attorney General has continued to languish in the halls of the Senate. If his remarks at a recent press conference are any indication, President Obama has had enough.

Loretta Lynch was nominated for the position of Attorney General nearly six months ago on November 8, 2014, but her nomination has been held up in the Senate since that point. There aren’t really any substantive reasons though, as no one seems to have any objections to Lynch’s qualifications for the job. While there are some concerns over her opinions on President Obama’s immigration reform, it seems like she’ll eventually be confirmed. It’s just a matter of when at this point.

The when is difficult though, as her nomination is being held up until a bill on human trafficking is settled, according to Senate Majority Leader Mitch McConnell. Democrats, however, object to the bill because it contains a provision that prevents any money from the crime victims’ compensation fund from being spent on abortion services. Not only do many Senate Democrats object to the provision on moral grounds, they also claim that the Republicans surprised them by adding that provision to the bill without consulting them. Senator Dick Durbin (D-IL) stated,

I don’t know how that happened or who was the author of it. But the fact is, the bill that is on the floor today has a provision in it that we were told would not be included.

However, until this matter is solved, McConnell has said that they won’t vote on Lynch’s nomination. He’s framed it as a matter of priority–it’s important to finish a bill that will help trafficking victims before moving on to Lynch’s nomination. But it’s become a game of political chicken, and her nomination is caught right in the middle.

A sense of frustration and exasperation is exactly what the President expressed in a press conference Froday when speaking about the hold ups to the Lynch nomination. He emphatically stated,

Enough. Enough. Call Loretta Lynch for a vote, get her confirmed, let her do her job. This is embarrassing. There are times where the dysfunction in the Senate just goes too far. This is an example of it.

Regardless of Obama’s impassioned statements, it’s highly doubtful that his remarks will have any effect on the GOP Senators’ actions. Especially after the fights over the Iran deal and Obama’s immigration reform, there’s no real lost love between the executive and legislative branches. Lynch’s nomination will probably remain in limbo, at least for now.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Prostitution: Should it be Legalized or Criminalized? https://legacy.lawstreetmedia.com/issues/law-and-politics/prostitution-legalized-criminalized/ https://legacy.lawstreetmedia.com/issues/law-and-politics/prostitution-legalized-criminalized/#comments Wed, 25 Feb 2015 21:29:52 +0000 http://lawstreetmedia.wpengine.com/?p=34925

Will the U.S. move towards decriminalization or legalization of prostitution?

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Image courtesy of [Steve Parker via Flickr]

Attitudes toward prostitution in the United States have long been based on the Judeo-Christian tradition arguing that selling sex is immoral; however, global trends arguing for sexual self-determination and changing attitudes toward the sex industry have become more popular. The United Nations Secretary General has even called for the decriminalization of sex work. These changes pose the question: how should the United States address the issue of prostitution?

The U.S. still criminalizes sex work, but the urgency of making changes in this sphere is evident in the growing sex worker rights movement that strives to define the legal status and rights of prostitutes. Read on to learn more about different models of regulating prostitution, and the arguments for and against them.


What are the real numbers behind prostitution?

Prostitution is “the act of offering one’s self for hire to engage in sexual relations.” In other words, it’s an exchange of a sexual act for money.

It’s hard to determine the real numbers behind prostitution due to the fact that sex work is criminalized in the United States. As most of the actors involved in this business operate underground, statistics are rather scarce. Some estimates of the current number of prostitutes range from 230,000 to 350,000, but others put the number closer to one million.

Prostitutes come from a variety of backgrounds. Indisputably, there are those who come from marginalized and impoverished environments, were sexually abused, homeless, poorly educated, or drug addicted. In addition, some women and men are coerced or trafficked into prostitution. Every year thousands of people are trafficked for the purposes of exploitation, including sexual exploitation. However, this doesn’t mean that all prostitutes are forced or trafficked. There are also those who chose to become involved in sex work of their own volition. These people can have different motivations to enter the sex industry, citing high earnings, flexible work hours, or genuine passion for this line of work.


Should prostitution be decriminalized, legalized, or none of the above?

Generally, you hear about three distinct approaches to prostitution: criminalization, decriminalization, and legalization. All of them are rooted in different ideological perspectives and include diverse goals and contrasting methods of achieving their desired objectives. Watch the video below to learn more about the ongoing debate over prostitution.

Criminalization

Prostitution is criminalized in most parts of the United States. Proponents of this view often believe that prostitution is immoral, and therefore label it as a criminal behavior. In their view, prostitution endangers marriages and is simply wrong. Prostitutes are viewed as criminals who behave illegally. The rhetoric of those who support criminalization is often centered on the notion that such alternatives as legalization will have devastating consequences on the American morale.

The supporters of criminalization also connect legal prostitution with increased sex trafficking, the spread of STDs, and a greater number of children being coerced into the sex industry. Watch the video below to learn more about Catharine MacKinnon’s arguments against the legalization of prostitution and its connection with human trafficking.

Decriminalization

Decriminalization means the removal of certain criminal laws related to the operation of the sex industry. When prostitution is decriminalized, consensual adult sexual activity in a commercial setting is no longer viewed as a crime. Decriminalization can be considered a half step toward legalization as individuals engaged in the business can be required to obtain a special permit or be subjected to penalties. Essentially, if a person is caught in the act, his punishment will be no more than a fine, something along the lines of speeding or a parking ticket.

At the same time, decriminalization doesn’t legalize sex work, but does instruct law enforcement to give low priority to prostitution cases. This approach intends to use the already existing legal mechanisms to support the health and safety of prostitutes. Many advocates of decriminalization cite labor and anti-discrimination laws as arguments to grant prostitutes certain rights, including freedom of choice and self-regulation.

Decriminalized systems often still impose criminal penalties for all other actors involved in the business, including clients and pimps. This perspective is rooted in the abolitionist movement that historically rescued women from prostitution and trained them for alternative careers. In this view, prostitutes are victims of male exploitation and supporters of this approach often consider prostitution demeaning to women.

The ultimate goal of decriminalization is to uproot the profession by targeting those who purchase sex in the first place. It’s believed that by eradicating the demand, the supply will subside on its own. The advocates of this form of decriminalization usually strongly oppose legalization that will make the sex business flourish instead of extinguishing the industry.

The Swedish Model

The Swedish model is the most influential decriminalization example. Since 1999, buying sex in Sweden is a criminal offense punishable by fines or up to six months imprisonment. Contrarily, selling of sexual services is not a criminal offense, meaning that prostitutes are not subjected to criminal law proceedings. The law is popular in Sweden–80 percent of the Swedish population supports the initiative, but many are still skeptical of its effectiveness.

The Swedish model was also adopted in Norway and Iceland. In 2014, Canada moved to this model of controlling public solicitation of prostitution and restricting demand on sexual services. In addition, similar decriminalization models were adopted in Nepal, India, American Samoa, Bhutan, Cambodia, China, Fiji, Guam, Republic of Korea, Palau, and Taiwan.

What are the arguments in favor of decriminalization?

Decriminalization of prostitution can arguably decrease violence against prostitutes. A study in San Francisco found that 82 percent of prostitutes have been assaulted and 68 percent were raped during their time working in the sex industry. Another study in Colorado Springs found that prostitutes were 18 times more likely to be murdered than non-prostitute women of their demographic. If sex work is criminalized, prostitutes are reluctant to ask for help or go to the police if victimized. If decriminalized, prostitutes and law enforcement will have an avenue for communication, and if a prostitute is victimized she can report the crime to the police without the fear of being charged and detained for prostitution.

Decriminalization can also benefit the investigation of sex trafficking cases as prostitutes can aid law enforcement with information from the inside. In addition, law enforcement can save valuable resources as police departments won’t need to deal with as many prostitution cases. In 2011, Texas alone spent $8 million on prison expenses related to prostitution. Decriminalization won’t eliminate the financial burden completely as pimps and johns are often criminalized in those countries who adhere to decriminalization model, but it can decrease expenses overall and re-direct resources towards other crimes.

What are the arguments against decriminalization?

Criminalization of sexual services for clients, and not for prostitutes, can be challenging as both those who purchase and provide sexual services are unlikely to admit to the transaction. Clients will be reluctant to do so due to the existing criminal laws, while prostitutes can lose their income and clientele if they aid law enforcement. In fact, several independent studies have shown that current laws have pushed some Swedish prostitutes underground, resulting in an increased danger of victimization.

Those who oppose the Swedish approach to prostitution are also concerned with its unintended consequences of stigmatization and marginalization of those who enter the sex industry of their own volition. The Swedish model doesn’t acknowledge that prostitutes can choose this occupation out of their free will, but view all prostitutes as passive victims of violence and abuse.

Overall, there isn’t much evidence that this approach improves the quality of work and life of sex workers, or decreases HIV or STD transmissions. Even through the Swedish model is popular around the world, both the Swedish and the international experiences don’t provide enough indications of decline in prostitution.

Legalization

Legalization usually involves a system of laws and government regulations that define the operation of the sex industry. Such a system can be highly regulated or merely define the legal conditions under which prostitutes can operate. Legalization is often accompanied by strict criminal penalties for those who operate outside the established framework. Prostitutes are often required to pay special taxes, can work only in specified zones, and to register with the government. In addition, prostitutes are often obligated to regularly undergo health checks, and to obtain special licenses to legally operate as a sex workers. Thus, the legalization of prostitution seeks to control, regulate, and define the rules of the sex industry.

The legalization model emphasizes freedom of personal choice and regards prostitution as a form of work. The supporters of this approach maintain the belief that sexual relations between two consenting adults should’t be criminalized as those who engage in this type of relations do so voluntarily. This rhetoric is centered on the notion that people are free to choose what to do with their bodies and, therefore, entering into contracts to provide sexual services is their right that shouldn’t be undermined by the views of those who don’t agree with their decision. At the same time, advocates for legalization acknowledge that people can be forced or coerced into prostitution. They also acknowledge the existence of trafficking and exploitation, but don’t believe that all women are victims, and that prostitution automatically leads to violence.

European Experiences

The Netherlands and Germany are, probably, the most prominent examples of legalization. The Netherlands legalized prostitution in 2000, and it’s now regulated by the country’s labor laws. Germany followed in 2002 by providing prostitutes with legal protections and social insurance. In both countries the sex industry boomed, resulting in increased numbers of legal brothels and prostitutes, but also prompted concerns over increased cases of human trafficking.

Nevada’s Legal Brothels

The state of Nevada has a long history of regulating prostitution in some counties, starting in  1937 when a law was enacted to require weekly health checks for all prostitutes. In 1971, Nevada began taxing brothels, thus legalizing the sex industry in rural counties of the state. As of now, there are around 500 prostitutes who are working in 30 brothels. A recent study found that 84 percent of the surveyed prostitutes in Nevada felt safe working in the legal brothels, and were not trafficked or coerced into prostitution. Contrary to the European countries that have legalized prostitution, Nevada’s sex workers are considered independent contractors. Consequently, they don’t receive unemployment, retirement, or healthcare benefits.

What are the arguments for legalization?

All arguments cited earlier in support of the decriminalization model, such as decreased violence, better cooperation with police, and re-direction of valuable law enforcement resources, can be relevant when taking about legalization, as well.

The advocates for legalization argue that such a model of regulating prostitution can provide even more safety for prostitutes. Legal brothels are often closely observed and monitored by the law enforcement agencies to ensure compliance with safety regulations and to prevent sex trafficking cases. Legalization can also completely eliminate  the financial burden from police departments as there will be no prostitution cases to pursue. It’s estimated that in 2010, California alone arrested 11,334 people for prostitution. In Texas, an average of 350 prostitutes are sentenced to serve time in state prisons yearly. Proponents argue that legalization can decrease the prison population and save state resources that otherwise would be used to investigate, prosecute, sentence, and house those who are charged with this “victimless” crime.

In addition, legalization advocates argue that condom requirements and mandatory HIV and STD testing can reduce health risks for prostitutes and clients alike. If sex work is criminalized, fewer prostitutes will have access to testing services and fewer of them will practice safe sex. It was found that in the United States only three to five percent of STDs can be attributed to prostitution, supporting the argument that prostitutes are not vehicles of HIV and STD transmissions. The number of prostitutes infected with STDs in New Zealand and New South Wales, where prostitution is legalized, is very low or non-existent. In Nevada, there were no registered cases of HIV among legal sex workers. Watch the video below to learn more about Nevada’s health regulations and condom requirements for legal prostitutes.

Another argument is the revenue that legalized prostitution can bring in the form of income taxes. According to some estimates based on the current income of Nevada’s legal prostitutes, legalization can generate $20,000 in federal income taxes per person per year. Not only could this money be used to provide more social and health services for prostitutes, but could be spent on other governmental needs as well.

Perhaps the biggest and the most controversial argument in support of legalization of prostitution is the extension of labor rights and other occupational benefits to prostitutes. If prostitution is treated as any other profession, legal sex workers can be entitled to minimum wage, freedom from discrimination, and safe work environments. They can claim benefits, form or join unions, and get access to medical insurance and pension plans.

Lastly, supporters of legalization believe that prostitution is no different than pornography, lap-dancing, tobacco, alcohol, and gambling, which are all legal in the United States.

What are the arguments against legalization?

The most common argument against legalization of prostitution is its close connection with human trafficking and organized crime. The Netherlands’ legalization of sex work is cited as an example of a failing experiment as Amsterdam became a hub for traffickers and organized crime groups. The Dutch Justice Ministry closed over 320 prostitution windows as a part of the initiative to curb violence against migrant women, who are often forced by traffickers and pimps to work as window prostitutes in the city’s Red Light District.

The increase in child sexual exploitation is another point of concern for those who advocate against the legalization of prostitution. The adult sex industry is viewed as perpetuating the recruitment of children as sex workers, who also could be trafficked and coerced into sexual exploitation.

Prostitution is also thought to increase crime rates as it is a magnet for ancillary crimes, including drug, sex, and violent crimes. In this view, with any form of legalization those crimes can only increase as pimps and traffickers would have more legal avenues to conduct their illicit businesses.

Together with increased crime rates and  human trafficking, legalization can give more power to pimps as they are transformed into businessmen. According to this assumption, working in legal brothels can increase the likelihood of victimization as women spend their time in closed spaces and have fewer resources to ask for help or seek protection against abuse. Prostitutes in one of Nevada’s brothels compared their working conditions to a prison environment as most of the time they were locked inside their rooms waiting for clients and could leave the premises only with their male pimps.

Those who oppose legalization of prostitution also state that prostitutes will continue to spread diseases, even if their services are legalized. As it can take up to two weeks to process STD tests, sex workers can continue to infect their clients, prompting the spread of infections and STDs, regardless of their legal status.


Conclusion

How to deal with prostitution is an endless topic of debate. As decriminalization has its benefits and pitfalls, so does legalization. Even though each model has a different set of goals, both converge on the opinion that prostitutes shouldn’t be criminalized. The United States needs to start participating in the international discussions and may soon consider an alternative to the outdated criminalization model.


 Resources

Primary

UNODC: Human Trafficking

Additional

RNW: FAQ – Prostitution in the Netherlands

Alternet: Should Prostitution be Legalized?

Business Insider: Everything You Ever Wanted to Know About Prostitution in Nevada

Business Insider: Seven Reasons Why America Should Legalize Prostitution

California State University Northridge: Should Contractual Sex Be Legalized?

CBS News: Prostitution Laws: Europeans Debate Whether Criminalization or Legalization Works Better

Difference Between Net: Difference Between Legalization and Decriminalization

Digital Journal: Amsterdam Courts Ready to Clean Up Red Light District

The New York Times: Labour Laws, Not Criminal Laws, Are the Solution to Prostitution

The New York Times: Legalizing Prostitution Leads to More Trafficking

The New York Times: Nevada’s Legal Brothels Make Workers Feel Safer

The New York Times: Nevada’s Legal Brothels are Coercive, too

Prostitution Education Network: Prostitution Law Reform: Defining Terms

The NAYked Truth: Prostitution: The Economic and Criminal Justice Benefits of Legalization

Valeriya Metla
Valeriya Metla is a young professional, passionate about international relations, immigration issues, and social and criminal justice. She holds two Bachelor Degrees in regional studies and international criminal justice. Contact Valeriya at staff@LawStreetMedia.com.

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Human Trafficking: Alive in the United States https://legacy.lawstreetmedia.com/issues/law-and-politics/human-trafficking-alive-united-states/ https://legacy.lawstreetmedia.com/issues/law-and-politics/human-trafficking-alive-united-states/#comments Sun, 22 Feb 2015 13:30:28 +0000 http://lawstreetmedia.wpengine.com/?p=34591

Despite stereotypes to the contrary, human trafficking is a real problem in the U.S.

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In 2008, the film “Taken” shocked America and launched a blockbuster trilogy success. The movie wasn’t just gratuitous action scenes, however–it offered a lens into the world of human trafficking. It included a common stereotype that human trafficking doesn’t occur in the United States, and that it’s the rest of the world’s problem. This is not true–trafficking does happen here in the U.S. and it’s a big issue. Here’s a breakdown of everything you should know about human trafficking in the U.S.


What is human trafficking?

According to the Office of Refugee Resettlement, “victims of human trafficking are subjected to force, fraud, or coercion for the purpose of commercial sex or forced labor.” It exists in rural, suburban, and urban locations. Human trafficking is sometimes known as modern day slavery. It usually occurs in the U.S. when people from other nations are brought in illegally to serve as free labor.

Read more about ending modern day slavery.

Human trafficking commonly brings to mind confinement, blindfolds, and drugs. Sometimes that can happen, but human traffickers also practice more subtle approaches. They influence their victims with various means, including:

  • Debt Bondage: Captors will claim their victims owe a debt. The debt is paid in exchange for forced sex or labor.
  • Public Isolation: Keeping victims from family, friends, work associates, and religious groups can cause victims to feel helpless and weaken their resolve to fight back.
  • Confiscations of identification/traveling documents (Passports, visas, identification cards, etc.): Foreigners smuggled into the country need proper documentation to leave the country. The applications for documentation can be tedious and cause embarrassment, especially if they don’t have the identification required.
  • Shaming: Human traffickers will threaten exposure to victims’ families, particularly if the victim has been forced to engage in sex work.
  • Threat of Deportation/Imprisonment: Victims are threatened to be exposed to immigration authorities for violating immigration laws.
  • Financial ControlTraffickers will withhold their victims’ money for “safekeeping,” making it impossible for the victims to set out on their own.

Each of these strategies is designed to make victims feel helpless and alone.  A demoralized victim is a weaker victim. Empowered victims are more likely to run away, alert authorities, and/or take a stand.

What happens to the victims of human trafficking?

There are long-term damages to victims of human trafficking. Tragically, a large percentage of these victims are children. Physically, victims of human trafficking can suffer from disease, stunted growth, and malnutrition. Psychologically, many victims will bypass key social, moral, and/or spiritual development. They can feel ostracized from the outside world. They are also at higher risk to fall victim to similar crimes again.


Statistics

It is important to note that due to the invisibility and nature of these crimes, statistics vary widely. While the following statistics are based on estimates, they’re still very disturbing.

Globally

There are quite a few estimations, but there are approximately 27 million slaves around the world, although only six percent are considered “identified.” There 800,000 people  trafficked across international borders every year, and one million children fall to the commercial sex trade. Of all the world’s trafficking victims, 80 percent are women and children. There are currently 161 countries affected by human trafficking, which is a $32 billion industry.

United States

In the United States, the average entry to prostitution is 12-14 years old. Previously sexualized victims and runaways are high-risk victims. Domestically, between 14,500 and 17,500 victims are trafficked into the United States annually. California has the highest volume of sex trafficking areas. The top 20 highest volume cities include Houston, El Paso, Los Angeles, Atlanta, Chicago, Charlotte, Miami, Las Vegas, New York, Long Island, New Orleans, Washington D.C., Philadelphia, Phoenix, Richmond, San Diego, San Francisco, St. Louis, Seattle, and Tampa.


Case Study: Inside the FBI Weekly Podcast

A 2009 podcast, “Inside the FBI,” details the account of a prominent U.S. human trafficking case. In it, Neal Schiff interviews FBI Special Agent Tricia Whitehill. She was involved in a case where multiple members of the Vasquez-Valenzuela family were indicted for “conspiracy, sex trafficking, and various immigration offenses.”

The investigation all started in 2006 when the family’s taxi driver called in a tip to CAST, the Coalition to Abolish Slavery and Trafficking. He remained a source throughout the investigation. The family had brought in girls in their teens and early twenties from Guatemala to the U.S. The family targeted poor and uneducated girls, some of whom did not even know their own birthdays. The Vasquez-Valenzuela family lured the girls back to the U.S. by promising them jobs in the jewelry and restaurant industries.

Once the girls were successfully smuggled, they were told they owed a debt that had to be paid in prostitution. If the girls didn’t initially comply, they were threatened with violence, witchcraft, and the death of their families. After the arrests of eight out of the nine offenders, one family member was left unaccounted for and went on the run. She was finally weeded out of hiding through the help of publicity and the general public. Public awareness can make all the difference. The leader of the family received the toughest sentence of 40 years in prison.

While this was a case in which the traffickers were successfully apprehended, in many more instances that’s not the case, even in the U.S.


What legislation does the U.S. use to fight trafficking?

Side by side with public awareness, strong legislation is key to the battle against human trafficking. Here are some of the most important laws addressing human trafficking here at home.

The Trafficking Victims Protection Act of 2000

Long overdue in 2000, this act officially made human trafficking a federal offense. A federal crime is prosecuted under federal criminal law. It also includes provisions for the victims, including federal and state assistance, asylum in the U.S., and shelter and counseling.

Intelligence Reform and Prevention Act of 2004

This law established a Human Smuggling and Trafficking Center to “serve as a focal point for interagency efforts to address terrorist travel.” It promotes cooperation between state, federal, and intelligence agencies in this effort. It also requires an annual assessment delivered to Congress “regarding vulnerabilities in the United States and foreign travel system that may be exploited by international terrorists, human smugglers and traffickers, and their facilitators.”

Civil Asset Forfeiture Reform Act Of 2000

A large percentage of human trafficking occurs in the labor industry, for example in restaurants. This legislation creates investigations into properties suspected of human trafficking and alerts property owners. This prevents the ability of owners to claim ignorance of criminal activity on their property.


Activism to Fight Trafficking

In order to end human trafficking, legislation won’t be enough. Here are some of the steps that others have taken to attempt to combat human trafficking.

Polaris, CAST, and CCO

In September 2014 in a valiant effort to raise awareness against human trafficking in the greater Los Angeles area, Polaris, a non-profit organization fighting against human slavery, CAST, and Clear Channel Outdoor (CCO) announced their collaboration. CCO donated 25 digital billboards, 20 conventional billboards, and 20 transit shelter posters. The campaign ran in Spanish and English.

The campaign focused on two aspects. First, it promoted the National Human Trafficking Resource Center, a 24-hour, multi-lingual hotline designed for victims and members of the community. The campaign also encouraged victims to come out of the shadows and seek the help they deserve. The campaign tried to induce a sense of community for victims feeling alone.

The promotion also brought on board regionally elected officials and spokesmen like former NFL player and actor Terry Crews. He championed the cause saying:

Modern slavery is the husband coerced through violence to harvest crops, it’s the mother forced to work excessive hours as a domestic servant with little pay, and it’s the daughter sold online for sex against her will. Modern slavery is the 20.9 million people worldwide estimated to be victims of sex and labor trafficking, and we must do what’s in our power to restore their freedom. The more we raise awareness about the help available for victims of human trafficking in America, the more we can empower them to become survivors.

The more people who receive this message, the stronger the fight. The campaign hopes to target more cities across the U.S. in the future.

Presidential Involvement

In a step to bring further awareness to the general public, President Obama designated January to be National Slavery and Human Trafficking Prevention Month. In a press release, he wrote:

Even today, the darkness and inhumanity of enslavement exists. Millions of people worldwide are held in compelled service, as well as thousands within the United States. During National Slavery and Human Trafficking Prevention Month, we acknowledge that forms of slavery still exist in the modern era, and we recommit ourselves to stopping the human traffickers who ply this horrific trade.

In September 2012, continuing his commitment, President Obama spoke to the Clinton Initiative in New York. Partnered with former Secretary of State Hillary Clinton, the President laid out a three-part plan to combat human trafficking. First, to “spot it and stop it.” That part of the plan calls for extensive reports to further government understanding, more effective training for all interagency task force members involved, collaboration with transportation services, and aid educators to spot potential trafficked victims among their students. Second, the plan hopes to use the internet as a weapon against human trafficking. The internet has been a great tool for the human-trafficking industry and the President wants to “turn the tables.” The plan aims to recruit tech companies and college students to the fight. Third, the plan aims for further dedicate resources for recovery. For example, to simplify the application for T-visas, designed to protect victims of human trafficking.

Other Groups Involved in the Fight Against Trafficking

There are many other groups involved in the fight against trafficking that attack different parts of the problem. They include:

  • Not for Sale: A non-profit, international organization dedicated to raising awareness for sexual slavery.
  • Bilateral Safety Corridor Coalition (California): Based in San Diego, the BSCC is comprised of more than 40 government and nongovernment agencies in the U.S. and Mexico to battle human trafficking.
  • You Are Never Alone (Maryland): YANA provides a safe haven to women and children involved in prostitution who are seeking a better life.
  • New York City Community Response to Trafficking (New York): The CRT is a team of community-based organizations and criminal justice agencies dedicated to responding to and raising awareness of human trafficking.
  • Center for Multicultural Human Services (DC): CMHS received a joint federal grant with the Break the Chain Campaign from the Office for Refugee Resettlement to administer pre-certification and post-certification services to victims of trafficking in the Washington D.C. metro area.

Conclusion

With all of these laws in place, and so many activists working to fight it, why is trafficking still happening at such an alarming rate? It is hard to stop an industry so high in demand across the globe, regardless of its vile nature. In recent years, the internet is largely to blame. It allows for anonymity and easy communication internationally between buyer and seller. The deep web, not accessible through standard web searches, is a large black market tool. Another answer is that sex trafficking is almost impossible to obliterate when most of the victims are unidentified. Both rape and sexual slavery victims rarely come forward due to the highly personal sensitivity of the crime. However, we’re taking steps in the right direction with more laws and movements of activism. Hopefully, someday, the travesty that is human trafficking will become a thing of the past.


Resources

Primary

Office of Refugee Resettlement: What is Human Trafficking

Homeland Security: Human Trafficking Laws and Regulations

U.S. Department of State: U.S. Trafficking Report

White House: Presidential Proclamation

Additional 

Case Act: What is Human Trafficking

FBI Podcasts and Radio: International Human Trafficking

Polaris: Polaris, Cast, and Clear Channel Outdoor Law Anti-Human Trafficking Awareness Campaign

Judges’ Journal: President Obama’s Speech on Human Trafficking

Jessica McLaughlin
Jessica McLaughlin is a graduate of the University of Maryland with a degree in English Literature and Spanish. She works in the publishing industry and recently moved back to the DC area after living in NYC. Contact Jessica at staff@LawStreetMedia.com.

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Ending Modern Day Slavery https://legacy.lawstreetmedia.com/issues/world/modern-day-slavery/ https://legacy.lawstreetmedia.com/issues/world/modern-day-slavery/#respond Fri, 05 Dec 2014 11:30:27 +0000 http://lawstreetmedia.wpengine.com/?p=29544

30 million people worldwide are trapped in slavery.

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If you ask most Americans when slavery ended, they would probably answer…well, most Americans probably wouldn’t know. For the more informed citizen however, the answer would likely be in 1863 with the Emancipation Proclamation, or more accurately still in 1865 with the passage of the 13th Amendment, which explicitly outlawed the practice in the United States. Both of these answers are incorrect, however. That is because even today there are an estimated 60,000 people living in slavery in this country. Furthermore, according to the same Washington Post article, worldwide that number balloons to a staggering 30 million people, with those in less developed countries being much more susceptible to the illicit practice. To fully comprehend how this heinous enterprise–that most presume is finished–can still exist and worse yet thrive, it is necessary to first understand something very fundamental: What exactly is modern day slavery?


Slavery as an Institution

History 

Slavery began at the birth of civilization and has continued in one form or another since then. The foundations of western culture were built on the backs of slaves as both Greece and Rome relied heavily on their human machines. This continued in Europe after the fall of these empires through the dark ages, the renaissance, and reformation. It was also a central aspect of colonialism and imperialism.

But while Europe and by association its colonies, which had slaves before Europeans arrived, may have the highest profile accounts of slavery, the practice was global. In the Middle East slavery was already in place at the time of the ascendancy of Muhammad and continued from the seventh century until the twentieth.  In fact it wasn’t until 1982 that Mauritania became the last country in the world to publicly abolish slavery. Even with this ban, Mauritania is still the country where citizens are mostly likely to be slaves, with about four percent of the population being classified as such.

Slavery was also an established institution further east. China, one of the oldest civilizations, had slaves for thousands of years. It wasn’t until the 1950s when the last acknowledged slaves could be found in isolated mountain areas. Slavery was a major institution in India, as well.

Even in Africa slavery existed long before Muslim or European slave traders arrived; however, unlike those two groups, African nations rarely imported non-Africans as slaves. Regardless, while the means and exact roles of slaves in society may have differed, in virtually every corner of the globe slavery has been an ingrained practice for millennia.

Modern Day Form

Thus the concept of slavery strictly being a product of the antebellum American south is inaccurate, but the reality of it being a global issue is not. Furthermore, the definition of slavery today is also not some stretching or reclassification of the accepted term. Modern slavery means being owned and controlled as property by another person through either physical or mental threats. Slavery can take many forms. Some of the most common forms include forced prostitution, forced agricultural or domestic work for adults and children, and families being forced to work for nothing in order to pay off generational debts. While these are modern forms of slavery they are also traditional, in fact the only thing that has changed is how slavery is seen publicly, namely if it is seen at all. Below is a video that describes further the conditions of modern day slaves.


Those Most at Risk

Throughout history slave groups have often been made up of people for a specific reason such as ability to work long hours, exotic appearance, a particular type of skill, or as a result of conquest; however, slaves today are increasingly likely to be found at the margins. This is in stark contrast to when slaves were well-known members of the household and in certain cases in old Islamic Caliphates could have children that one day might even aspire to the throne.

In this way then slavery has changed most dramatically. Long gone are the public slave auctions. Instead today slavery is a much more under-the-radar practice of a group on the fringe of society. This group often includes children or migrants who are either tricked or forced into slavery when they are young or if they move.

The problem can be exacerbated by a number of other factors, as well. Ethnic divisions is one example; a historical legacy left by imperialists in sub-Saharan Africa has led to one of the highest rates of slavery in the world. Another is wealth or more accurately the lack of it. In Haiti, for example, children may be sold into unofficial slavery by their parents as a means of income. Yet another is cultural; in India–the country with the largest estimated slave population at roughly 14 million–the legacy of the caste system remains and can prevent authorities from preventing cases of slavery.  The video below offers a greater breakdown of the victims of the modern day slavery system.

 


First Responders

Thus there are many factors to consider that have led to the continuation of slavery worldwide. There have, of course, been many efforts globally to end the practice. Currently in every nation on the planet there are laws on the books forbidding slavery.

The problem is though that these laws are ineffective. To combat slavery then, the mantle again rests on non-governmental groups as it has since the first abolition movements. Since the passage of laws forbidding slavery is no longer the end goal, this patchwork of groups now has its sights focused on other means of ending this practice.

Steps to Freedom

Probably the most important step to ending slavery is raising awareness. While this may seem naïve or practically unhelpful, slavery today is a forgotten issue. To many it is a battle that has already been fought and won and thus no longer bears consideration; however, as these groups stress, to the forgotten 30 million people who struggle under the guise of slavery every day, it is still an urgent issue. Furthermore while the value of a modern day slave is hard to calculate by anyone other than the owner, the fact that slavery exists shows that certain people or groups are profiting off of it.

Along this same vein, once awareness had been raised it is also crucial that governments are required to actually enforce their anti-slavery laws. This could include creating an agency or task force specifically charged with finding and preventing slavery as other agencies such as the FBI or FEMA exist to handle specific problems.

Once awareness and enforcement have been improved it is also necessary to cultivate the people who were formally slaves. This means providing food, shelter, and teaching basic skills to people who often had nothing else to turn to and became slaves out of necessity. This would also help prevent a reoccurrence of these individuals falling prey to the same crime again. Below is a video that highlights some of the things that can be done to combat modern day slavery.

These steps and actions are already being implemented by these groups. In fact, the United Nations has already spoken of some success with governments more strictly enforcing their laws and businesses enacting tougher measures that would prevent the enslaving of workers at any level of production. However, as a practice that has existed for thousands of years, slavery will not just vanish overnight. Thus, it will take time and additional resources; however, without solid and immediate gains combined with an existing general lethargy, slavery is likely to endure.


A Problem With No End in Sight

Although slavery has been and is still a global problem, the suffering is not equal. A person in a developed country with a high per capita income is less likely to be a slave than his or her opposite. Furthermore in wealthy countries, slavery has long been taboo. Many western countries for example began abolishing slavery in the early nineteenth century. Thus countries with the greatest ability to end the practice may feel the least inclination to do so.

While there are many solutions to the slavery problem, so far none has gained enough traction to bear much fruit. While groups in the West and other places come to grips with the consequences of the slave societies of their past the same trade is still being employed right under their noses. Although slavery today may not be as much of a concern as it used to be, for the people affected by it is as real as it has ever been. While the correct way to stop slavery remains elusive, what is important is that the continued existence of slavery be at the very least acknowledged. This is vital because only after admitting slavery is still a problem can it then be addressed.


Resources

Primary

U.S. Constitution: Thirteenth Amendment

Additional

Washington Post: This Map Shows Where the World’s 30 Million Slaves Live. There are 60,000 in the US

New Internationalist: A Brief History of Slavery

National Geographic: How We Can End Slavery

Slavery Injustice: Slavery in Ancient China

UN News Centre: UN Officials Urge Concerted Action to Eradicate Modern Forms of Slavery

Anti-Slavery: What is Modern Slavery

Michael Sliwinski
Michael Sliwinski (@MoneyMike4289) is a 2011 graduate of Ohio University in Athens with a Bachelor’s in History, as well as a 2014 graduate of the University of Georgia with a Master’s in International Policy. In his free time he enjoys writing, reading, and outdoor activites, particularly basketball. Contact Michael at staff@LawStreetMedia.com.

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Operation Cross Country: A New Way to Fight Child Sex Trafficking https://legacy.lawstreetmedia.com/news/operation-cross-country-new-way-fight-child-sex-trafficking/ https://legacy.lawstreetmedia.com/news/operation-cross-country-new-way-fight-child-sex-trafficking/#comments Tue, 01 Jul 2014 19:46:47 +0000 http://lawstreetmedia.wpengine.com/?p=19170

The FBI completed Operation Cross Country VIII last week, and it was definitely a success. Agents and officers rescued 168 children from sex trafficking, and arrested 281 pimps across the country.

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The FBI completed Operation Cross Country VIII last week, and it was definitely a success. Agents and officers rescued 168 children from sex trafficking, and arrested 281 pimps across the country. The operation spanned 106 cities and was part of the FBI’s Innocence Lost National Initiative. The FBI worked in conjunction with the National Center for Missing & Exploited Children (NCMEC) and local, state, and federal law enforcement agencies. This year’s mission was the most widespread yet; since 2003 Operation Cross Country has identified and recovered about 3,600 children from sexual exploitation.

In addition to the operation, the FBI and its partners are trying to increase awareness about child sex trafficking within our borders. John Ryan, president and CEO of NCMEC, called for better laws that would require child welfare services to report children missing. He said there is no federal legislation for agencies to report children missing from their care and only two states have such regulations. It’s clear that the children rescued in this year’s operation would not have been found without the valiant efforts of the FBI and NCMEC, because the laws just aren’t in place to protect them.

At the Operation Cross Country press conference, FBI Director James B. Comey stated,

The lesson of Operation Cross Country is that our children are not for sale; that we will respond and crush these pimps who would crush these children. […] We will do this by seeking jail terms of many, many years, to send two messages. One, you will never do this again. Two, to others who might be tempted to crush the souls of children—you do that, and you’re risking your freedom and your life.

The Need for Legislation

NCMEC is pushing for state welfare agencies to create mandatory reports of all children missing from foster care. Without regulations requiring welfare agencies to report missing children, no one is looking for them–no one even knows they’re gone. And with no one aware of their whereabouts, no one can track their activities. So, more and more children are sucked into the sex trafficking industry. Here’s a breakdown by NCMEC:

Cybertipline hits 2 million reports

The Children Who Need Our Help  

In comparison to our nation’s total population, 3,600 children rescued may not seem like a lot, until you put a name or a face to the numbers. For me, that happened when Operation Cross Country took action nearby. This year’s operation rescued two girls from Montgomery County, Maryland–one of them was only 16 years old. But what really hit home were the arrests of four pimps in Prince George’s County, home to my college. To think the children I tutored last year, or the teenagers on the University of Maryland’s campus for summer sports camps could be coerced by pimps is horrific.

It’s a frightening reality. Take Nicole‘s story, for example. She was 17 years old when she met her pimp. He took her shopping, bought her nice things, and treated her to a life of luxury. He told her how she could make good money, quick; after her first day “on the job” she came home with $750. Then she got raped by a john and when she told her pimp he beat her and forced her to take an ice shower for three hours. She needed surgery to repair her broken ribs, wrist, nose, and head injuries. She had no family or friends. All of her assets were tied up in the pimp. She was trapped in the life of sex trafficking.

Then she met Dani Geissinger-Rodarte, an FBI Victim Specialist. With the help of Rodarte, Nicole was able to leave her pimp and build a case against him. Now, that pimp, Juan Alexander Vianez must serve 20 years in prison and pay $1.3 million in restitution for sex trafficking and interstate transportation of a minor in furtherance of prostitution, among other charges.

Nicole got justice, and thanks to Operation Cross Country, more than 3,000 other victims of human sex trafficking have as well. But the number of children who are coerced into the trade at young ages needs to be reduced, and our government should do more to protect them. Why are Florida and Illinois the only states that require social services and foster care providers to report missing children in their care to NCMEC? In just one year more than 4,000 children were reported missing to NCMEC from those two states. Adding the cases from the additional 48 states would up that number by a terrifying amount.

If legislation was passed mandating child care services across the nation report children missing from their care, Operation Cross Country could significantly increase the number of victims rescued. Kathryn Turman, Director of the FBI’s Office for Victim Assistance said more than six million children in the U.S. are involved in over three million reports of abuse each year. Turman said the victimization of these children severely affects healthy development and compromises their futures, which collectively comprises our nation’s future. She said the cost of not doing enough to protect and aid child victims of sex trafficking is colossal, stating:

“Doing all we can to bring these children with their often invisible wounds out of the shadows is our mission and our privilege. A hundred years ago a wise man stated, ‘If the children are safe, then everyone is safe.'”

The work that those involved in Operation Cross Country are doing to keep the children safe is incredibly admirable. They deserve the highest of praise.

Natasha Paulmeno (@natashapaulmeno

Featured image courtesy of [Milliped via WikiMedia Commons]

Natasha Paulmeno
Natasha Paulmeno is an aspiring PR professional studying at the University of Maryland. She is learning to speak Spanish fluently through travel, music, and school. In her spare time she enjoys Bachata music, playing with her dog, and exploring social media trends. Contact Natasha at staff@LawStreetMedia.com.

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