Sex 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: May 31, 2017 https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-may-31-2017/ https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-may-31-2017/#respond Wed, 31 May 2017 16:35:04 +0000 https://lawstreetmedia.com/?p=61043

Your Daily News "Covfefe."

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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:

Will Trump Pull Out of the Paris Climate Deal?

This morning, news broke that President Donald Trump is expected to pull out of the Paris climate agreement. During his recent European trip, he had said he would announce his decision over the next few days. If confirmed, the decision to leave could have a disastrous impact on the environment and public health, but also on America’s status as a world leader. China is far ahead of the U.S. when it comes to developing renewable energy sources, so there are concerns that the relationship between Europe and China could deepen, at least when it comes to environmental collaboration.

Trump has reportedly been torn between those who want him to stay in the deal, like his daughter Ivanka and tech billionaire Elon Musk, and those who want to leave, like EPA head Scott Pruitt and Steve Bannon. European leaders seemed frustrated after meeting with Trump. His stubbornness when it comes to climate change discussions is especially noteworthy–Germany’s Angela Merkel called their talks “very difficult, and not to say very unsatisfactory.”

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Sex Workers in Cambodia: A Struggle for Protection https://legacy.lawstreetmedia.com/blogs/world-blogs/steve-sapienza-gives-inside-look-life-sex-workers-cambodia/ https://legacy.lawstreetmedia.com/blogs/world-blogs/steve-sapienza-gives-inside-look-life-sex-workers-cambodia/#respond Fri, 17 Jul 2015 13:30:42 +0000 http://lawstreetmedia.wpengine.com/?p=44908

A Pulitzer Center event with Steve Sapienza highlighted the work still in progress.

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Despite having improved over recent decades, HIV/AIDS rates remain a particular problem for sex workers in Cambodia. On Thursday, July 9th, an event at the Pulitzer Center delved into these issues, raising many questions about how to combat the crisis–including creating common sense laws to protect women who are forced into sex work. Video journalist Steve Sapienza gave an inside look at the life that sex workers in Cambodia are living through his project “The Hidden World Of Cambodia’s Sex Workers: New Risks, New Hope.” Accompanying him were Antigone Barton, a free-lance journalist who has written extensively about the AIDS epidemic in the US and abroad, and Sebastian Kohn, program officer for law and health with the Public Health Program based in New York.

Sapienza began the conversation with some background information about the situation in Cambodia. Sex workers are often, although not always, forced into this business by sex traffickers. Kohn stated that “trafficking involves threats of abusive force.” Traffickers use these women for commercial sex acts to make a profit. Because the practice is so prevalent in Cambodia, there remains a high risk for sexually transmitted diseases, including HIV.

The first case of HIV was found in Cambodia in 1991. The disease was quickly spread through sex workers, causing the country to have the highest HIV rate in Southeast Asia. In an effort to stop the spread of HIV, troops were even sent to the brothels where sex workers saw customers. In 2003 a law passed that mandated that girls in Cambodia’s brothels had to use condoms. Although this lead to a dramatic decrease in the percentage of the population with HIV, in 2008 prostitution became completely illegal. That didn’t stop the illicit sex trade, however, as there was a 46 percent increase in prostitution after it became banned. When the government decided to close these brothels, sex workers started going to bars, clubs, and restaurants to secretly continue their business. Others also recruited clients on the street. Estimates put the amount of sex workers somewhere between 20,000-100,000. Most importantly, HIV transmission still remained a problem, although it has dropped dramatically in recent decades.

Sapienza highlighted some changes that have helped to stem the epidemic. Sapienza’s video showed a quick look at programs such as SMARTgirl, which aims to prevent and lessen the impact of HIV among “entertainment workers” living in Cambodia. SMARTgirl gives out free condoms and offers free HIV screenings, but with sex workers often constantly on the go many of them are not able to be checked regularly.

Most strikingly, the event also highlighted some shocking truths that seem to run counter to commonsense. For example, Sapienza explained that Cambodians can get arrested for carrying around condoms because it is seen as evidence that they are sex workers. Sex workers that want to be safe while working have to be very careful carrying protection or they can be taken to jail. Many of these women believe that police use this as a means to get money–essentially citizens found with condoms sometimes have to bribe police officers to avoid arrest. Inconsistent policies along those lines have made it hard to improve the HIV/AIDS rate in some cases.

When it comes to considering the dangers in sex work, it’s important to remember that for many women, it was not a choice. When an audience member asked if most of the sex workers seemed to be happy with their employment, Sapienza stated, “I don’t think any expressed joy, it [prostitution] was a fallback.” Many of the women involved in the prostitution business continue working because they feel that it is one of the only ways they can provide for their family; or because they are victims of human trafficking. Both are sad realities of the sex trade in many countries.

It’s clear that things are getting better in Cambodia for sex workers in some ways, particularly when it comes to the HIV infection rate. Yet, there is still much work to be done–particularly when it comes to ineffectual laws that punish women for trying to protect themselves from sexually transmitted diseases, regardless of whether or not they are sex workers. Programs like SMARTgirl need to continue to implemented, and advocates like Sapienza need to continue bringing up the difficult conversations.

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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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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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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United Nations Peacekeepers Aiding Sex Traffickers? https://legacy.lawstreetmedia.com/news/united-nations-peacekeepers-aiding-sex-traffickers/ https://legacy.lawstreetmedia.com/news/united-nations-peacekeepers-aiding-sex-traffickers/#respond Wed, 17 Jun 2015 17:01:55 +0000 http://lawstreetmedia.wpengine.com/?p=43168

A new report found that UN peacekeepers engaged in transactional sex with hundreds of poor local women.

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A shocking Office of Internal Oversight Services (OIOS) report recently obtained by the Associated Press revealed that United Nations (U.N.) peacekeepers in Haiti had “transactional sex” with hundreds of poor local women. According to the report, a third of the alleged sexual abuses reported involved individuals younger than 18. OIOS’s in-depth analysis and a history of past U.N. misconduct demonstrate a pressing need to reevaluate current peacekeeping policy.

Earlier this year, reports surfaced that between December 2013 and June 2014 French peacekeeping soldiers made local children in the Central African Republic (CAR) commit sex acts as entertainment. However, this was hardly the first reported incident of sexual misconduct.

In 1999, former U.N. International Police Force monitor Kathryn Bolkovac reported that U.N. officials were involved in the Bosnian sex trafficking industry. “[Bolkovac] discovered numerous individuals in the Bosnian and U.N. police (which was made up of some 1,800 officers from 45 countries) who were not only using trafficked prostitutes but were on the traffickers’ pay-roll,” the Telegraph reported.

A few years prior, a 1994 study authored by former First Lady of Mozambique Graça Machel found that the arrival of peacekeeping troops actually correlated with a “rapid rise” in child prostitution in six out of 12 country studies on sexual exploitation of children in situations of armed conflict.

It is clear that there has been systematic sexual abuse of local women by U.N. peacekeepers for quite some time now. Nevertheless, U.N. peacekeepers rarely get convicted for their atrocities. U.N. personnel are protected by diplomatic immunity, meaning they can’t be prosecuted in their mission country. Compounding the issue is that home governments have little incentive to publicize their troops’ bad behavior.

Some efforts to rectify the situation have already taken place. In response to Bolkovac’s revelations, the U.N. established a conduct and discipline unit in 2007. Susan Malcorra, who heads the unit, told the Telegraph that the U.N. can waive immunity whenever necessary. The U.N. regularly kicks officials off their missions and hands the investigation and punishment over to the member state, she said. On the U.N. Conduct and Discipline Unit’s website, Secretary Ban Ki-moon asserts that the organization is taking this problem seriously, writing:

Let me be clear: the United Nations, and I personally, are profoundly committed to a zero-tolerance policy against sexual exploitation or abuse by our own personnel. This means zero complacency. When we receive credible allegations, we ensure that they are looked into fully. It means zero impunity.

The recent report on abuses in Haiti did not find issue with U.N. policy. Rather, it found issue with “significant underreporting,” characterizing assistance to victims as “severely deficient.” To remedy the situation, the U.N. needs to increase oversight. One option is to require at least one member of the conduct and discipline unit, whose sole job would be to evaluate the conduct of U.N. officials, to be present at each peacekeeping site at all times.

Maintaining integrity is imperative. The unit must screen its employees rigorously to ensure that they are not the same officials who are causing problems and regularly rotate employees to different peacekeeping sites to minimize the possibility of collusion with peacekeepers. Periodic assessments of both peacekeeping officials and conduct and disipline unit employees is a must.

As human rights activist Gita Saghal asserts, “the issue with the U.N. is that peacekeeping operations unfortunately seem to be doing the same thing that other militaries do. Even the guardians have to be guarded.” Perhaps then the organization meant to uphold human rights will stop doing the exact opposite.

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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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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Case Against Online Modeling Site Involved in Rape to Move Forward https://legacy.lawstreetmedia.com/news/case-against-online-modeling-site-involved-in-rape-to-move-forward/ https://legacy.lawstreetmedia.com/news/case-against-online-modeling-site-involved-in-rape-to-move-forward/#respond Fri, 19 Sep 2014 20:34:08 +0000 http://lawstreetmedia.wpengine.com/?p=25115

Model Mayhem is an online modeling site used by aspiring models to network, find jobs, and share photographs. It was just ruled that a lawsuit against it and its parent company, Internet Brands, Inc, will be allowed to move forward, after a young woman, Jane Doe, sued the site for negligence.

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Model Mayhem is an online modeling site used by aspiring models to network, find jobs, and share photographs. It was just ruled that a lawsuit against it and its parent company, Internet Brands, Inc, will be allowed to move forward, after a young woman, Jane Doe, sued the site for negligence.

Jane Doe had been using Model Mayhem for its intended purpose — networking — when she was contacted to travel to Florida for an “audition.” There she met Lavont Flanders Jr. and Emerson Callum who drugged her, raped her, filmed the attack, and put it online, marketing it as “pornography.” Their plan was intrinsically tied to the ability to be able to use Model Mayhem to contact the aspiring models.

Flanders and Callum have since been convicted for their horrendous crimes in Florida court. Both of Miami, they stood trial in 2012. They were each found guilty of a hefty 12 consecutive life sentences for sex trafficking. Five of the victims were involved in Flanders and Callums’ trials, but it’s not clear whether the Jane Doe from the current suit was one of them.

According to Jane Doe’s suit, the site knew about Flander and Callums’ actions since 2010, but failed to disclose or provide any kind of warning to its users. The parent company, Internet Brands Inc, had sued the developers of Model Mayhem for failing to disclose that Flanders and Callums’ actions may lead to civil suits, something Internet Brands, Inc. claims should have been told to them when they purchased Model Mayhem in 2008.

What’s disturbing about that first suit is that Jane Doe was apprehended, sexually assaulted, and filmed in 2011. Which means that the website where her assailants found her knew that there was potential for something like this to happen for months before she was ever contacted. That’s not just terrifying — it’s certainly grounds for Jane Doe to argue negligence. And in the civil suit she filed against Internet Brands, Inc., that’s exactly what she argued.

She filed the suit originally in California, and the suit was dismissed under the Communications Decency Act, which was passed in the late 90s in an attempt to regulate the spread of internet-based pornography. On the most basic level, it attempts to make sure that children don’t see explicit content on the internet by regulating the ways in which sites are allowed to disseminate that kind of content. More relevantly to this case though, is Section 230, which states,

No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

In lay terms, what that essentially means is that you can’t be sued if someone uses your website to, for example, distribute pornography.

This was the law that the original court used to overturn Jane Doe’s case. However, in an appeals ruling released this week, the decision was overturned. Judge Richard Clifton, of the Ninth Circuit, decided that Section 230 did not apply. He was part of a three-judge appellate court that decided the case can proceed. Clifton wrote that Jane Doe’s case isn’t barred under the act because,

Jane Doe’s claim is different, however. She does not seek to hold Internet Brands liable as a ‘publisher or speaker’ of content posted on the Model Mayhem website, or for Internet Brands’ failure to remove content posted on the website. Flanders and Callum are not alleged to have posted anything themselves.

The case will move forward, and with good reason. What Internet Brands Inc, did was reprehensible, and Jane Doe paid the price for its mistake. The company deserves to be held accountable, and this case is certain to make waves as it is indeed allowed to move forward.

Anneliese Mahoney (@AMahoney8672) is Lead 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.

Featured image courtesy of [Chris Jagers via Flickr]

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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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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Efforts to Reform Sex Trafficking Moving in the Right Direction With Specialized Courts https://legacy.lawstreetmedia.com/news/efforts-to-reform-sex-trafficking-moving-in-the-right-direction-with-specialized-courts/ https://legacy.lawstreetmedia.com/news/efforts-to-reform-sex-trafficking-moving-in-the-right-direction-with-specialized-courts/#comments Wed, 05 Feb 2014 16:56:24 +0000 http://lawstreetmedia.wpengine.com/?p=11542

Should a sexually abused minor be considered a criminal? This question is recently coming to the attention of the American justice system. Courts are now conscious of a new demographic within the legal system and are attempting to reform their ways to accommodate those members in need, particularly girls. Girls courts are being implemented around many counties within […]

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Should a sexually abused minor be considered a criminal? This question is recently coming to the attention of the American justice system. Courts are now conscious of a new demographic within the legal system and are attempting to reform their ways to accommodate those members in need, particularly girls. Girls courts are being implemented around many counties within California, to the preexisting juvenile justice system. The courts are tailoring to the needs of at risk young women, specifically those recruited as child prostitutes, by providing not only judicial guidance but treatment facilities as well.

Statistics revolving around girls involved in criminal actions have recently been skyrocketing in certain counties such as San Mateo, Alameda, and Orange, causing a need for a change in the court system. One specific example of this recognition of at risk population and attempt to reform those involved, is the Alameda County in California. Between the years 1998 and 2007, there was a 45 percent increase in juvenile girls entering the justice system as well as a 49 percent increase for young girls committing non violent offenses. With such an increase in statistics, it was determined that a change was necessary and the Alameda County Girls Court was created.

The specific programs applied by girls courts are meant to aid victims of sexual assault, in combining the justice system with social services. Their focus and activities offered vary between specific courts. For example, the Alameda County Girls Court, provides a group of adults to gain the trust of young girls as well as offers Saturday sessions to discuss topics ranging from the legal system to body image. While this program is centered around young girls involved in sex trafficking, the Girls Courts of Orange County focus specifically on girls who have spent their lives in foster care.

While the Alameda Girls Courts are still relatively new to be measuring the effects of the system, girls courts in other areas have been making promising progress with their juvenile group members. Other girls courts within California have recently proven that they are making a difference, as the Girls of the Orange County program have presented an enhancement in the grades of the girls. Hopefully, the Alameda Courts will follow in close pursuit of this already established program. 

The previous judicial system resulted in a cycle of punishment rather than rehabilitation and treatment for the girls. In California, girl prostitutes were continuously adding to their criminal records, although in many areas an exchange of money for underage sex is a form of sex trafficking. Thus, the emergence of the girls court. This specific court became a pivotal aspect to the campaign to end sex trafficking. The main goal of this campaign is to label underage prostitutes as victims rather than criminals, and to offer these young girls treatment. The campaign is looking to make a change in the current judicial system, rather than convicting underage girls who have been abused.

Many of the young girls moving through the legal system have been sexually abused their whole lives and are unaware of the wrongdoings against them. By convicting these girls over and over the courts are not providing justice, but rather allowing them to continue on a downtrodden path. The introduction of girls courts is not an isolated case but has become key to a larger picture for many states, in changing laws involving sex trafficking and minors. In New York State, a system of 11 Human Trafficking Intervention Courts has spread across the state, for minors ages 16 and up. These courts remain similar to those labeled girls courts because they provide services to minors involved in the sex trade as well. However, the New York System has become a statewide campaign. Recently accompanying this new treatment of minors and sex trafficking, is an array of new Safe Harbor Laws enacted in states such as New York, New Jersey, Massachusetts, Illinois and several more. These laws are defined as preventing victims of sex trafficking from being prosecuted due to prostitution as well as protecting young children involved in sex trafficking by offering specialized services.

The beginning of girls courts is a representation of the change in how the justice system views minors involved in sex trafficking. This can reach back to the Supreme Court ruling, in Texas B.W. (2010) which ruled that children under the age of 13 could not be considered a criminal because of prostitution. Furthermore, children could not be guilty of an action that involved their own sexual exploitation. It can be seen that this ruling has come full circle, as court systems as well as the Safe Harbor Laws are attempting to aid those in need rather than convict them.

It is refreshing to see a change in the view of those involved in sex trafficking as well as an attempt to reform minors in need of help. Sex trafficking is an awful reality that is common throughout the United States, as over 300,000 children are involved in prostitution each year. Pimps specifically target children in need such as the homeless or abused. The Girls Courts, Safe Harbor Laws, and Human Trafficking Intervention Courts have taken the American justice system to a new level, in providing not only a court ruling but a service to push minors in the right direction. It is time that these efforts to end sex trafficking spread across the country to all states, rather than being isolated mainly to New York and California. The justice system needs to view these minors involved in sex trafficking as victims rather than criminals and to offer them the services they require.

 [National Center for Youth Law] [The New York Times] [Polaris Project]

Taylor Garre (@TaylorLynn013)

Featured image courtesy of [Blemished Paradise via Flickr]

Taylor Garre
Taylor Garre is a student at Fordham University and formerly an intern at Law Street Media. Contact Taylor at staff@LawStreetMedia.com.

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