HUMAN TRAFFICKING 101: An Introduction November 17, 2021 Presented by: Robert A Bauman - Florida Courts
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HUMAN TRAFFICKING 101:
An Introduction
November 17, 2021
Presented by: Robert A Bauman
Circuit Court Judge - 13th Circuit Juvenile Crossover Division
Overview
Human Trafficking is a multibillion-dollar criminal
industry that harms millions of adults and children
around the world, including children who are forced to
commit crimes and then appear before judges in
delinquency courts. Judge Bauman introduces judges
and lawyers to O.P.T.I.O.N. court after providing the
legal definitions of sex and labor trafficking and
presenting ways to identify victims.
Learning Objectives By the end of the webinar session, participants will be able to: Define Human Trafficking – Sex and Labor Identify Victims of HT Create a court like O.P.T.I.O.N. (Offering Potentially Trafficked Individuals Options Now) Court
Agenda I. Human Trafficking – Defined V. Targeting Vulnerable Persons A. Introduction VI. The Process of Grooming B. Federal Law VII.Trauma C. Florida Law VIII.Trafficking and Gangs 1. Force, Fraud and Coercion further defined IX. OPTION Court II. Identified Types of Modern Slavery X. Potential Solutions III. Identifying Victims – Signs of Human Trafficking IV. Labor Trafficking A. During the Pandemic B. Identifying Types of Labor Trafficking
I. Human Trafficking - Introduction and Law When confronted with defining human trafficking one word should come to mind – “slavery.” Human Trafficking – for sex and/or labor – is one of the most devastating, and possibly, most discreet of crimes being committed on humans. Not just children, but humans of all walks of life. It does not discriminate between age, gender, race or religion. Anyone can be a victim of human trafficking. As of 2021, it is estimated over 40.3 million people worldwide are victims of some type of human trafficking.
A. Federal Law
The Trafficking Victims Protection Act (TVPA) of 2000 defines “severe forms of human
trafficking” as: the recruitment, harboring, transportation, provision, or obtaining of a
person for sex, or for labor or services.
• domestic sex trafficking is a “commercial sex act” induced by “force, fraud, or
coercion”, or
• if the person induced to perform such act has not attained 18 years of age; or
• Sex exchanged “for anything of value”;
• Labor trafficking is when labor or services are obtained through the use of force,
fraud, or coercion for the purpose of subjecting an individual to involuntary servitude,
peonage, debt bondage, or slavery
• The goal of the TVPA is to provide:
a. Prevention,
b. Protection, and
c. Prosecution.
18 U.S.C. §§1589-1593.B. Florida Law
a. The Florida law definition of “Human Trafficking” is:
the recruiting, soliciting, harboring, transporting, providing, enticing, purchasing, patronizing,
procuring, or obtaining another for the purpose of exploitation of that person - for labor or services.
This occurs through the use of force, fraud or coercion for the purpose of sexual exploitation or forced
labor. F.S. §747.06(2)(d).
b. The Florida statute:
• calls human trafficking “slavery.” F.S. §747.06(1)(a).
• recognizes that human trafficking encompasses labor trafficking and sex trafficking.
F.S.§747.06(1)(b).
• identifies some of the “various techniques” traffickers use to “enslave” victims. F.S.§747.06(1)(c).
• recommends training programs for multiple professions/agencies for identifying and assisting
victims. F.S. §747.06(d).
• provides for penalties for traffickers. F.S. §747.06(3), (4), (8).Force, Fraud and Coercion Defined
• Force: includes physical restraint, physical harm, sexual
assault, and beatings. Monitoring and confinement is often
used to control victims, especially during early stages of
victimization to break down the victim’s resistance.
• Fraud: includes false promises regarding employment,
wages, working conditions, love, marriage, or better life.
Over time, there may be unexpected changes in work
conditions, compensation or debt agreements, or the
nature of the relationship.Force, Fraud and Coercion Defined (cont)
• Coercion:
1. Use or threat of physical force;
2. restraining, isolating, confining or threatening to do so
against a person’s will;
3. Use of lending or credit to establish a debt for which the
victim’s labor or services cannot extinguish the debt;
4. destroying or concealing a passport, visa, or other
immigration documents;
5. Causing/threatening to cause financial harm;
6. Enticing/luring by fraud/deceit;
7. Providing controlled substance to another for purposes
of exploitation. F.S.§747.06(2)(a)II. Types of Modern Slavery
Human Trafficking Examples with (types, locations, victims, means)
There are 25 identified types of HT examples – please review the below cited source for details as
to each type. A few examples of HT Types are as follows:
TYPE LOCATION VICTIMS MEANS
Escort Services - commercial Primarily at a temporary Men and women Social media info/ads; fake
sex acts; indoor location modeling contracts
Elicit Massage, Health & 1-3 owners in multiple transfers from S.E. Asia; hard Live at the business; denied
Beauty Parlors businesses to distinguish; at least 7,000 food & shelter
in U.S.
Outdoor Solicitation Truck stop/rest stop runaway/homeless (most Meeting some needs of victim
vulnerable)
Source: Polaris, "The Typology of Modern Slavery, Defining Sex and Labor Trafficking in the
United States" (March 2017)III. Identifying Victims –
Signs of Human Trafficking
A victim of human trafficking will exhibit some or more of the following traits:
• Poor Mental Health or Abnormal Behavior
-Is fearful, anxious, depressed, submissive, tense, or nervous/paranoid
-Is unusually fearful, or shows anxious behavior after mentioning law
enforcement
-Avoids eye contact
• Poor Physical Health
-Lacks health care
-Appears malnourished
-May have signs of physical and/or sexual abuse, physical restraint,
confinement, or tortureIII. Identifying Victims –
Signs of Human Trafficking (cont)
• Lack of Control:
-few or no personal possessions
-of his/her own money, no financial records, or bank account
-of his/her own identification documents (ID or passport)
-unable to speak for themselves (a third party may insist on
being present and/or translating)Additional Traits and Signs
• Multiple cell phones
• New clothes, hair, nails
• Carrying large amounts of cash
• Branding/tattoos
• Multiple hotel key cards
• Skipping school or youth group sessions normally attended
• Chronic truancy or runaway
• Gang or group involvement
• Gaming system involvement (primarily males)Significant Factors
USF St. Pete Professor, Joan Reid, has researched and provided
factors to help identify victims, as published in the 2017 American
Journal of Public Health:
1. Sexual abuse among underage males and females;
2. Neglect;
3. Exposure of family violence;
4. Emotional abuse;
5. Females with intellectual disabilities
-Due to a lack of sexual education are easy to manipulate.
Note: “Family” – can exist in many contexts, including the
trafficker’s “family”.Human Trafficking – It Happens Here (2:27) https://youtu.be/iqJ-zuVay08
IV. Labor Trafficking (LT)
A. During the pandemic
During the pandemic, the data shows:
• Decreases in reports of labor trafficking, except for Agriculture;
• The increase is due to the need for “essential” workers (government
designation of Agricultural workers as “essential”) during the
pandemic;
• However, the opposite is true for the hospitality industry in which
there was a 30% to 60% drop
- Due to slowdown/shutdown of tourism industry.LT: During the Pandemic (cont) • 70% increase in (immigrant workers) with H-2A Visas (legal, temporary work) from less than 400 in six-month period to more than 600 in pandemic; • Labor trafficking victims with an H-2A Visa went up from 11% to 25%; • H-2A Visa – allows U.S. employers to bring foreign nationals in for temporary agricultural jobs. The visa holder works for a specific employer for the length of time of the Visa (up to one year increments). If individual leaves or quits the job, the Visa is null and void, and worker is considered “unauthorized”; After possessing an H-2A Visa for three years, the individual must leave the US for 3 months before readmission.
B. Identifying Types of Labor Trafficking With labor trafficking, look at: • Labor related injuries • Overcrowded living/working conditions - poorly ventilated/lack of adequate sanitation • Exhaustion – long working hours and little rest • Poor/inadequate nutrition • Prolonged exposure to extremes of heat or cold • Physical & emotional trauma • Exposure to irritants, carcinogens associated with acute and chronic respiratory disease, poisoning, certain cancers, and irritant and allergic dermatitis
Possible Solutions to Reduce Labor Trafficking:
1. Increased communication between the Departments of Labor,
State, and Homeland Security
2. Enforce ban on recruitment fees;
3. Increase resources for Dept. of Labor:
a. for investigations of violations of health, safety and wage and
hour requirements;
b. hold employers accountable that engage in illegal practices;
c. increase oversight of employers with random audits.Possible Solutions to Reduce Labor Trafficking:
4. Improve transparency and resources for workers during recruit
a. by providing detailed contracts upon recruitment
b. provide information in native language of those recruited,
including info on:
i. safety
ii. medical care
iii. vaccines
5. “Know your rights” pamphlet
6. Provide whistleblower protection
7. Allow victims to leave exploitative working conditions without
deportation fears
8. Add legislation to allow job changes without deportationV. Targeting Vulnerable Persons
Basic Human Needs: Food, Water, Air, Shelter;
also, Access to information, Love/Affection, Healthcare, Education
A. Areas of Susceptibility:
1. Lengthy unemployment
2. Unpaid debts
3. Desperation to provide for selves/children
- promises by trafficker may lead to financial stability
4. Sustained homelessness
5. Lack of stable housing
- recruited by trafficker within days of eviction; shelter in exchange
for sexual servicesA. Areas of Susceptibility (cont)
6. Abusive relationship
7. Lack of Educational Support
8. No supportive home life
a. Foster care
b. Juvenile Justice
c. Victims of child abuse
d. Neglect
e. Runaway/homeless
f. LGBTQ youth
9. Substance Abuse
a. Offer of drugs during transitional periods
b. Discharged from rehab with nowhere to go
c. Evicted from residence because of substance useA. Areas of Susceptibility (cont)
10. Health-related issues
a. Medical (physical) health
b. Mental health
c. Cognitive impairments (low I.Q.)
d. Physical disabilities, and the need for:
i. Medication
ii. Rehabilitation
iii. TherapyA. Areas of Susceptibility (cont)
Generally, underlying almost all categories is the need for money; thus,
the trafficker presents the allure/promise of money
- Not necessarily for emotional/physical reasons, although
traffickers prey on need for love/family/support.
- Result is most victims end up arrested instead of being provided
support and services.In the last five years, there are improvements:
• Increased services for victims
• Providing jobs to survivors
• Penalties against traffickers
• New laws protecting victims
• Increased training for:
- law enforcement; medical professional; educators; religious
followers/congregations; corporate partnerships; hotel/motel owners/staff
• awareness campaigns
• problem-solving courts for victims.
Source: Polaris project: "Sex Trafficking in the U.S.: A closer look at U.S.
Citizen victims"VI. Process of Grooming
VI. Process of Grooming (cont)
2. Social Media
- Prey on vulnerabilities present in messages/Facebook, Instagram, etc.
- Groom the victim by manipulation with promises, money, guilt, or
“love”
3. Love & Trafficking: Love is an incredibly powerful weapon – and most
common weapon used for grooming purposes –
a. Romantic love
b. Friendship
c. Familial love
d. Religious loveVI. Process of Grooming (cont)
4. Traffickers:
a. Offer what victim wants most -
• Love and attention
• Food, clothes, or a cell phone
• Friendship
b. Then “normalize sex” – test the boundaries of the victims’ engagement and then
expands on that activity -
• Expose to porn
• Take sexually explicit photos
• Joke about prostitution
• Provide drugs
• Move away from friends/families
c. Require the victim to repay the “generosity” to the friend (now a pimp) – (if quotas are
not met, victim is subject to a beating) the trafficker will send out the victim to make money
and will set quotas for return
• d. Stockholm syndrome may occur – form extreme bond, groomed to be the “bottom”VII. Trauma
"Trauma" – a unique individual experience of an event or enduring conditions in the individual’s ability to
integrate his emotions, which emotions are
- overwhelmed; or the individual experiences a threat to his life, body integrity, or sanity.
• can be singular event, or chronic events
Trauma may actually urge victims to engage in riskier behavior and criminal activity ‘compulsion to the
trauma’
A victim of trauma:
1) may see trafficker as someone who cares for and loves them;
2) resulting in loyalty to the trafficker;
3) engaging in criminal activity at urging of trafficker is lesser of two evils (Less trafficking).
Trauma - Brain Studies
a. Brain of victim of trauma is different than brain that has not experienced trauma;
b. Activates the body’s stress response system;
c. Experience of a traumatic event can influence physiological makeup – including
behavior, and decision-making abilitiesTrauma can result in:
1) hopelessness;
2) anger;
10) avoidance of reminders;
3) inability to recall;
11) self-mutation;
4) loss of sleep;
12) suicidal behavior;
5) distrustfulness;
13) increased risk taking.
6) disassociation;
**good news: the negative changes are reversible –
7) difficulty concentrating; through proper physical and mental
8) exaggerated startled response; health care, nutrition, support relationships
9) hypervigilance;VII. Trauma (cont)
Trafficked individuals can suffer from: Complex trauma in young
1) depression; children results in:
2) anxiety; 1) psychiatric disorders;
3) PTSD; 2) addictive disorders;
4) panic disorder; 3) chronic mental illness;
5) substance abuse; 4) legal problems;
6) eating disorders. 5) vocational problems;
“Complex trauma” – multiple 6) family problems.
traumatic events; leads to immediate
and long-term consequences; involves
circumstances that seem inescapableVIII. Trafficking and Gangs
Gang sex trafficking is on the rise
• There is an alarming increase in gang involved human
trafficking.
• With state and national crackdowns of drug trafficking,
gangs are now turning to sex trafficking to supplement
their income.
• Gangs use promises of protection, status, money, loyalty,
and material items to lure girls and women into the gang.
• Females in a gang are the lowest ranking member and
have no power or control in the gang.Gang sex trafficking is on the rise (cont)
• Gangs use force, violence, threats, and intimidation to secure the
females loyalty to the gang and prevent them from exiting the gang
and or trafficking life.
• The primary role of a female in a gang is provide sexual services to the
male gang members, sexual exploitation to profit the gang and/or
drug and gun trafficking for the gang.
• Gangs often use social media and websites to advertise and sexually
exploit minors and adults.
• Gangs often tattoo or brand females in their gang because they view
them as their property.Street Gangs in Florida
• Folk Nation
• Crips
• Bloods
• Hispanic gangs (Surenos, Nortenos, MS)
• Hybrid Street gangs
• See Resource 2 for more gang infoGangs
Gangs (cont)
Hybrid Gangs
Gangs – Things to look for:
• Clothing items
• Tattoos/Branding
• Hand signs
• Graffiti
• Artwork ( vehicles, motorcycles…)
Dress to Identify
• Clothing Colors
• Jewelry
• Backpacks
• Grooming
• Brands
• Belts
• ShoelacesDealing with Gang Members
• Don’t insult the gang member
• Don’t use their moniker
• Don’t disrespect them or their set
• Don’t accuse without cause
• Don’t put rival members together
• Don’t mimic hand signs
• Don’t use gang slang
Above all, be professionalIX. O.P.T.I.O.N. Court
Hillsborough County, Florida
13th Judicial Circuit
OPTION Court: Offering Potentially Trafficked Individuals Options Now
Purpose: to provide trafficked youth opportunities to accept/receive
services – mental health, substance abuse, education, life skills,
survivor/mentor – and identify as a survivor to prosper their lives;
recognition of a victim’s trauma as a factor in the victim’s decision-
making – offer these services even if the victim rejects the Court’s
recommended services.
Jurisdiction: Juvenile Delinquency and/or Juvenile DependencyCourt Session
I. Procedure • Case Manager
A. Third Thursday of the month (Court assigned case manager)
(currently);
• DCF case manager
B. Staffing prior to attendance of
youth; • Service Providers – mental/behavioral
health, substance abuse
C. Attendees:
• Education representative
• Asst. Public Defenders
• Survivor/mentors
• Asst. State Attorneys
• Missing Children Specialist - key source
• Dept. Juvenile of information
Justice/Juvenile Probation Officers
• HT Victim Liaison - Newly created in
• Children’s Legal Services Hillsborough County
Attorneys
• Law Enforcement Victim Advocate
• Regional Counsel
• Guardian/Attorney Ad LitemsTopics for Discussion at Staffing
• Case Status
• Trafficking activity
• Academic standing
• Social media postings
• Dependency -
• Employment – streets/strip clubs
- Placement
• Familial relationship
- On the run (?)
• Grooming
- Reunification
• Impact on Youth
• Independent Living/Extended
Foster Care Delinquency -
• Services in place or needed - Probation or placement
- Competency (if raised)Hearing Dates
Needs:
• school enrollment
• safe placement
Specified Orders:
• clothing
• Do Not Run
• phone – (mostly discouraged)
• No Contact
• Order to Show Cause/Contempt – least desired
Services:
• Tutoring/Education placement
• Substance abuse
• Mental health (medications/therapy)
• HT Trauma
• Life skills/career
• Survivor/MentorDiscussion with youth: (after staffing) • Focus on the positives • Needs - clothes, medical appointments, medication, housing/placement; school supplies, transportation. • Achieving grades • Attending school • Offer services for above, and with survivor/mentor meetings Emergency - On occasion, a “verified” HT youth or one with serious concerns will appear on the detention Docket. Court will either contact the detention judge and advise of verified/concerned status and/or have the youth’s detention moved to the court’s docket; and set next hearing on OPTION or court docket as soon as possible.
O.P.T.I.O.N. Court Concerns
1. Impact of victim or use of labels (never use words “prostitution” or “trafficking
victim” - instead use of phrase “verified” or “HT concerns”)
2. Recruiting
• at DCF placement (group home, foster home, day placement)
• in detention
• at courthouse
• in safe house
3. Relationship of attendees to victim/youth:
• traffickers try to attend hearings
• family engaged in HT
4. Proceed without perpetrators - (parent(s)/relative, etc.)
• especially on Zoom
5. Safe Harbor Act impactX. Potential Solutions:
What we need to do
• GRACE Court success – placement in a foster home where HT victim is the sole youth
there with trained (in HT trauma) caregivers; more homes like above;
• more recognition of victims – not just sex trafficking, but also labor;
• engage more victim/survivor/mentors (already stretching ours thin);
• be vigilant about trauma; be careful of triggers;
• more communication between law enforcement and providers;
• continued collaboration between DJJ and DCF – so critical for cross-over youth;
• Prosecution of traffickers;
• Prosecution of buyers;
• More HT related Courts for youth and adultsWhat we need to do: (Cont) Need for financial institutions to: 1. Develop indicator for anti-money laundering agencies to identify illegal activity and report it 2. Refuse adult entertainment business that fail to enforce appropriate ID and age verification procedures Online social media companies need to: 1. Block communication between minors and adults – restrict videos/use of images of minors for/to access audiences; verify ages to allow video image sharing 2. Develop detection systems – detection of online sexual exploitation; share info on past perpetrators across platforms and companies 3. Provide victim outlets to obtain support services, direct online assistance, and referrals
Concluding Remarks
Questions and Comments in Chat
SAVE THE DATE:
Human Trafficking Advanced Course
January 19, 2022
For more info please contact Judge Bauman at
813.272.7266
BAUMANRA@fljud13.orgReferences and Resources 1. National Center for Missing and Exploited Children – www.NCMEC.org (1- 800-843-5678) 2. Polaris Project – polarisproject.org 3. National Children’s Alliance – www.nca.org • The National Human Trafficking Hotline - 1-888-373-7888 • The U.S. Department of Justice Hotline - 1-888-428-7581 • Florida Abuse Hotline - 1-800-96-ABUSE • Special thank you to Marina Anderson, DCF Regional Human Trafficking Coordinator for allowing use of gang excerpts from her Gang Sex Trafficking presentation.
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