New laws but few cases: understanding the challenges to the investigation and prosecution of human trafficking cases

All fifty states and the federal government have passed laws to combat human trafficking, but we know little about their effectiveness. Using data from investigative case records and court files for 140 human trafficking cases in 12 U.S. counties and qualitative interviews with law enforcement, prosecutors, and victim service providers, we examined the characteristics of and challenges to investigation and prosecution of human trafficking cases under new state and federal laws. We found that few human trafficking cases are identified by local law enforcement, most cases forwarded to state prosecution are sex trafficking cases involving U.S. citizens, and state prosecutors overwhelmingly charge human trafficking offenders with other, lesser crimes. The legal, institutional, and attitudinal challenges that constrain prosecution of human trafficking are similar across study sites despite varying types of state antitrafficking legislation. Study results suggest prosecution of human trafficking cases is challenging. If new laws are to be effective, then local law enforcement and prosecutors should work collaboratively and adopt proactive human trafficking investigative strategies to identify both labor and sex trafficking cases. There is social benefit to holding traffickers accountable, but more emphasis should be placed on policies that identify and serve victims.     

Policing prostitution in an era of human trafficking enforcement

Prostitution and commercialized vice have been variously prioritized as urban crime problems across U.S. history. In response, lawmakers have historically been guided by a prohibititionst view where people selling, buying or facilitating the sale of sex are considered to be immoral and criminal. In recent years, public concern about the trafficking of persons for sex has reframed prostitution and the expectations of government response. The U.S. federal government and all fifty states have passed legislation that is guided by an abolitionist view of prostitution where people who are forced or coerced to sell sex are redefined as victims. State, county and municipal police officers are now receiving training on how to identify human trafficking cases and investigators are being trained to investigate and prepare cases for prosecution. Despite these efforts under the new legal regime, confusion exists about how sex trafficking differs from prostitution and correspondingly necessitates different types of law enforcement responses. Adding to this complication is the fact that in many major cities the responsibility for identifying and eradicating human trafficking has fallen to the same group of investigators who are responsible for enforcing vice and prostitution laws. As a result, prostitution enforcement is expected to change as police increasingly focus on identifying sex trafficking victims. Using data on police arrests for prostitution from 1980 to 2012, we examine the impact of federal and state anti-trafficking legislation on the local enforcement of prostitution. Our findings inform debate about legal reform as a response to urban crime problems and illustrate the complexities of policy implementation and interpretation.     

Where are all the victims?

Research Summary The passage of new laws that criminalize the trafficking of persons for labor and sexual services has raised public awareness about the problem of human trafficking. In response, police must understand the problem, identify human trafficking victims, and make arrests. The numbers of victims identified to date, however, has paled in comparison with official estimates, which leads some to question the existence of a human trafficking problem. Missing from this debate is information about how frequently police encounter human trafficking and how well prepared officers are to handle these cases. Analyzing survey responses from a national sample of police agencies in the United States, we found that less than 10% of police agencies identified human trafficking cases from 2000 to 2006. Larger agencies were more likely to identify cases of human trafficking but the agency leader perception about the problem in their local communities as well as taking steps to prepare officers to identify and respond were the most important factors to increasing human trafficking identification by police. Policy Implications This study provides much needed information about why U.S. officials have identified so few human trafficking victims. By understanding how often and under what conditions police find, investigate, and prosecute cases of human trafficking we will be in a better position to identify and overcome barriers to police responses to trafficking and understand the limitations of official statistics about human trafficking. Data from a national survey also provide a baseline measure of police identification of human trafficking against which we can gauge the progress of future anti-trafficking efforts.     

Rapid Assessment Exploring Impediments to Successful Prosecutions of Sex Traffickers of U.S. Minors

Critical psychological, systemic, and legislative barriers to the successful prosecution of child sex traffickers who exploit U.S. citizens were uncovered during a rapid assessment conducted in a U.S. metropolitan region considered a high intensity child prostitution area. Information obtained during 34 face-to-face interviews with criminal justice professionals most likely to encounter child sex trafficking victims was supported by the collection of supplementary quantitative data. Findings revealed complex psychological factors that deter victim participation in prosecutions of traffickers such as child victims’ denial of exploitation, trauma bonding between victims and traffickers, and frequent flight and revictimization. Existing inadequacies within the criminal justice system were found that may contribute to child sex trafficking persisting as a low risk/high reward crime.     

Human Trafficking and Slavery in Australia: Pathways,Tactics, and Subtle Elements of Enslavement

Human trafficking and slavery are heinous crimes that occur in all regions of the world. Victims are frequently trafficked or enslaved using tactics involving force, threats, or coercion. Perceptions of human trafficking and slavery often involve images of slaves, bound and shackled, kidnapped, and raped. Anecdotal evidence from Australia suggests that victims of human trafficking and slavery in Australia do not fit this stereotypical image. This article sets out to explore the more subtle elements of human trafficking and slavery in Australia through a review of human trafficking and slavery court case reports. The article presents summaries of case reports for the period 2004–2014 and identifies tactics of enslavement and pathways into slavery. The article also considers the implications—for identifying victims and combating human trafficking—of the more subtle methods of enslavement that occur in Australia.     

The problem of human trafficking in the U.S.: Public frames and policy responses

Nine years after the passage of federal anti-trafficking legislation in the United States, fewer incidents of trafficking have been identified than original estimates of the problem predicted. Some scholars and commentators suggest that changes in the public framing of the trafficking problem aimed at advancing particular agendas are to blame. Yet no studies to date had measured such a reframing process and its attendant consequences. Using a natural history of social problems model (Spector & Kitsuse, 1973) as the theoretical framework to examine the framing of trafficking, this study analyzed text from U.S. newspaper articles about human trafficking from 1990 to 2006. Findings suggest the public framing of human trafficking has changed over time corresponding with the adoption of policies focused on national security and the identification, apprehension, and criminal prosecution of trafficking perpetrators. Challenges following such definitional shifts are discussed.     

New estimates of U.S. currency abroad,the domestic money supply and the unreported economy

Despite financial innovations that have created important new substitutes for cash usage, per capita holdings of U.S. currency amount to $2950. Yet American households and businesses admit to holding only 15% of the currency stock, leaving the whereabouts of 85% unknown. Some fraction of this unaccounted for currency is held abroad (the dollarization hypothesis) and some is held domestically undeclared, as a store of value and a medium of exchange for transactions involving the production and distribution of illegal goods and services, and for transactions earning income that is not reported to the IRS (the unreported economy hypothesis). We find that the percentage of U.S. currency currently held overseas is between 30 and 37% rather than the widely cited figure of 65%. This finding is based on the official Federal Reserve/Bureau of Economic Analysis data which is a proxy measure of the New York Federal Reserve’s (NYB) “confidential” data on wholesale currency shipments abroad. We recommend that the NYB data be aggregated so as to circumvent confidentiality concerns, and be made readily available to all researchers in order to shed greater light on the questions of how much U.S. currency is abroad and on the particular location of overseas U.S. dollars. The newly revised official estimates of overseas currency holdings are employed to determine the Federal Reserve’s seigniorage earnings from 1964–2010, which have provided a $2950. Yet American households and businesses admit to holding only 15% of the currency stock, leaving the whereabouts of 85% unknown. Some fraction of this unaccounted for currency is held abroad (the dollarization hypothesis) and some is held domestically undeclared, as a store of value and a medium of exchange for transactions involving the production and distribution of illegal goods and services, and for transactions earning income that is not reported to the IRS (the unreported economy hypothesis). We find that the percentage of U.S. currency currently held overseas is between 30 and 37% rather than the widely cited figure of 65%. This finding is based on the official Federal Reserve/Bureau of Economic Analysis data which is a proxy measure of the New York Federal Reserve’s (NYB) “confidential” data on wholesale currency shipments abroad. We recommend that the NYB data be aggregated so as to circumvent confidentiality concerns, and be made readily available to all researchers in order to shed greater light on the questions of how much U.S. currency is abroad and on the particular location of overseas U.S. dollars. The newly revised official estimates of overseas currency holdings are employed to determine the Federal Reserve’s seigniorage earnings from 1964–2010, which have provided a 287 billion windfall for U.S. taxpayers. Overseas currency stock data are also used to derive estimates of the domestically held stock of currency as well as narrow and broad measures of domestic monetary aggregates. These domestic monetary aggregates are believed to be better predictors of future economic activity than traditional monetary aggregates and are tested to determine their ability to predict fluctuations in real output and prices. Domestic cash holdings are finally used to estimate the size of the U.S. unreported economy as measured by the amount of income that is not properly reported to the IRS. By 2010, we estimate that legal and illegal source unreported income” is $1.9–$1.9–2.4 trillion, implying a “tax gap” in the range of $400–$400–540 billion. Currently, we estimate that 18–23% of total reportable income is not properly reported to the IRS.     

Liberal coercion? Prostitution,human trafficking and policy

Liberal prostitution policy aims at improving labor conditions for prostitutes and protecting victims of forced prostitution. Given its policy mandates, legalized prostitution should be linked to better protection policies for trafficking victims and stronger anti-trafficking measures. In this paper, I investigate empirically whether or not legalized prostitution improves protection policies for victims, as it is presumed. The results of my analysis—using data from 149 countries for the period of 2001–2011—suggest that a liberal prostitution policy does not lead to better protection and, in some cases, legalized prostitution can be detrimental to protecting victims of human trafficking.     

Human Trafficking for Criminal Exploitation: The Failure to Identify Victims

Human trafficking for criminal exploitation is one of the lesser-known forms of human trafficking. The failure of the criminal justice system to identify the victims of this type of trafficking can lead to a failure to take the victim-centred approach to trafficking espoused in the international legal instruments that regulate the matter, an approach that emphasises the protection of victims and respect for their rights. In light of earlier findings of the existence of unidentified victims of human trafficking for criminal exploitation in several European countries — the UK, Ireland, Spain, the Czech Republic and the Netherlands — a qualitative study was conducted, consisting of 37 in-depth interviews with practising criminal justice professionals and victim service providers in Spain. Because undetected victims of human trafficking for criminal exploitation are usually treated as offenders, the main aim of this research with professionals was to determine the causes of the criminal justice system’s failure to identify the victims of this specific form of trafficking in order to prevent them from remaining hidden victims.     

Stateless Crimes,Legitimacy, and International Criminal Law: The Case of Organ Trafficking

Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide or crimes against humanity. Although the United States Code characterizes trafficking as “a transnational crime with national implications,” (22 U.S.C. § 7101(b)(24) (2010)), trafficking is rarely prosecuted in domestic courts. It has thus functioned in practice largely as what might be judged a “stateless” offense, out of the purview of both international and national courts. Yet these forms of organ trafficking remain widespread—and devastating to those who are its victims. In this article, we begin by describing what is known about the extent of organ trafficking and trafficking in persons for the purpose of removal of organs. We then critically evaluate how and why such trafficking has remained largely unaddressed by both international and domestic criminal law regimes. This state of affairs, we argue, presents a missed chance for developing the legitimacy of international criminal law and an illustration of how far current international legal institutions remain from ideal justice.     

Research note: challenges of identifying female human trafficking victims using a national 1-800 call center

Human trafficking is a complex global and national crime problem harming victims physically, psychologically, and financially. The Trafficking Victims Protection Act of 2000 (TVPA), Pub. La 106–386, and subsequent reauthorizations, provide assistance and benefits to foreign born victims of labor or sexual human trafficking who are here in the United States. The strategies used to encourage victims to come forward were modeled on those used in the anti- domestic violence (DV) and child protection movements. These include initiatives alerting the public to domestic violence situations through awareness campaigns to increase tips as well as calls for service to police. Other public service initiatives urge victims themselves to self-identify by calling 1-800 numbers. While these techniques have shown success in reducing incidences of domestic violence and providing help to victims, their use to combat sex trafficking has not produced the same level of results. This note explores the challenges for immigrant women victims to self-identify as trafficking victims and urges that evidence-based research is needed to determine the efficacy of a national call center approach.     

Trafficking in persons and victim health in Australia

This article explores the health problems experienced by victims of trafficking in persons in Australia and analyses the domestic support schemes established to assist these victims. It focuses specifically on the health of adult, female victims who constitute the majority of identified victims, and who are the principal recipients of government support services. Domestic experiences and support schemes are reviewed in the light of international law and best practice guidelines. Recommendations are made to improve the health services available to victims of trafficking in persons in Australia.     

Quantitative indices for anti-human trafficking policies: based on reports of the U.S. State Department and the Council of Europe

Quantitative ratings of policies of national governments are an important tool for the monitoring of compliance with international standards in many domains. In this article we present a global index of anti-human trafficking policies developed by a research consortium using the TIP country reports of the U.S. State Department (the 3P index) and an index based on the reports of the monitoring body of the Council of Europe Convention against Human Trafficking (GRETA). Although the global 3P index gives more favorable ratings to most European countries than the GRETA-based index, a moderately strong correlation was found between the two indices. This is an encouraging result lending support to the validity of the assessments of both monitoring mechanisms as well as to their transformation into quantitative scores. We also demonstrate that the detailed GRETA-based index can be used to identify best practices in anti-trafficking policies and specific areas where these policies are most in need of improvement, e.g. legal aid and compensation for victims. Our analyses of the relationships between the various items of the index revealed positive correlations between the existence of units of specialized prosecutors and the numbers of convictions of traffickers. Our paper, then, demonstrates the potential of quantitative indices of counter human trafficking policies as tools for both effective monitoring of the implementation of international standards and for analytical purposes.     

Trafficking in persons in Australia: myths and realities

In Australia, despite greater public awareness and acknowledgement of the problem by government agencies, trafficking in persons remains a phenomenon poorly understood and researched. The true extent of Australia's human trafficking problem is not fully known, largely due to the clandestine nature of this phenomenon. Anecdotal evidence, media reports, and statistical estimates without proper evidentiary bases are the only sources of information currently available about trafficking in persons in Australia. This article produces a more accurate assessment of the scale of trafficking in persons in the light of the open source evidence, thus contributing to the understanding of the immediate problem, and paving the way for further research on the many facets and aspects associated with trafficking in persons in Australia and elsewhere. The article calls for further research into trafficking and greater openness from relevant stakeholders, in order to clarify the facts about trafficking in Australia, and to help to dispel the myths and misconceptions that abound in discussing this issue.     

欧盟跨国拐卖人口犯罪管控研究

跨国拐卖人口犯罪是当今世界共同面临的重大犯罪问题,已成为全球第三大非法获利来源,被国际刑警组织称为“世界上增长最快的犯罪”。欧洲,长期以来已经成为世界人口贩卖的最大目的地。跨国拐卖人口这种21世纪的奴役形式严重损害了受害人的身心健康和人格尊严,严重地干扰了国际社会的正常社会秩序。上世纪八十年代末,跨国拐卖人口对国际组织和各国政府尚属边缘问题时,欧盟就开始对其进行研究,并积极考虑遏制对策、开展具体实践。几十年来,打击跨国拐卖人口犯罪已成为欧盟人权战略的一个重要特征。欧盟致力于在国内和世界各地使用“3P”做法来打击跨国拐卖人口犯罪：起诉贩运者,保护受害者以及预防未来犯罪。在打击、预防跨国拐卖人口犯罪过程中务实高效,立法和机制建设也比较成熟。近些年来,我国急剧上升的拐卖人口犯罪出现了一些新的特点。欧盟的做法为我国有效预防、依法打击拐卖人口犯罪,积极救助、妥善安置被拐卖受害人提供了样板和借鉴。     

Governmental responsibility for victims of atomic testing: a chronicle of the politics of compensation

Since 1945 the U.S. government has conducted extensive atomic testing for purposes of protecting the national security and developing industrial uses of nuclear power. Newly available information indicates that many citizens were unwittingly harmed by exposure to radioactive fallout from this testing. The victims are pressuring the government to accept liability for its actions and offer compensation for the damages. To date, however, their efforts have been largely unsuccessful. This article analyzes the politics of the atomic compensation movement, from its beginnings through the 97th Congress. It concludes that, barring the enactment of specific legislation, atomic victims stand little chance of gaining financial compensation or moral satisfaction.     

Human trafficking and criminal proceedings in Portugal: discourses of professionals in the justice system

Since the adoption of the UN Trafficking Protocol in 2000, the predominant approach to combat human trafficking has been based on the criminalization of traffickers in conjunction with a concern for victims’ protection. However, few empirical studies considered the effectiveness of those measures, which makes it difficult to understand why criminal cases of human trafficking generally result in few convictions. In Portugal, recent legislative changes have made the legal framework on human trafficking more comprehensive, inclusive and convergent with European directives. The effects of the implementation of those legislative changes on investigation and prosecution are still overlooked. The present study analyses the discourses of justice system professionals that concern the investigation and prosecution of human trafficking. It examines and identifies the factors that, in their perspective, block the recognition of the typifying elements of the crime of human trafficking and create obstacles to the prosecution and conviction of those crimes. Our findings suggest that legislative advances recognized by the participants need to be accompanied by other changes, some of a more systemic nature and others that are more specific. An efficient criminal procedure should include better legal phrasing of the means of evidence of human trafficking that is supported by objective instruments for this to be considered valid; the centralization of proof that the testimony of the victim has to overcome; specialized professional training of an ongoing nature; an efficient cooperation between the various law enforcement agencies at the national and international levels, with public prosecution services and magistrates; a greater clarification of the condition of the special vulnerability of victims and an informed perspective regarding the global nature of the phenomenon of human trafficking, one that is also sensitive towards the victim (e.g., in relation to the victims’ vulnerability, illegal status, and their difficulties in terms of social and cultural integration).     

The harms of human trafficking: demonstrating the applicability and value of a new framework for systematic,empirical analysis

This article uses human trafficking in Belgium to test a newly developed framework for assessing the harms of crime that has been applied previously to cocaine trafficking in the same country. We chose this criminal activity because of its policy relevance and to address apparent needs for systematic, evidence-based analysis. The framework uses quantitative and qualitative evidence to assess harms to individuals, private-sector entities, and others and to establish crime control priorities. The assessment process models the activity, evaluates the severity and incidence of harms, ranks priorities, and considers causality. We highlight three findings. First, trafficking victims can experience catastrophic harms, but the overall dimensions of human trafficking in Belgium appear to be modest. Second, the evidence suggests significant recent declines in the degree of exploitation and use of violence. Third, most harms to individual victims result directly from the activity, which sets it apart from other forms of trafficking.     

Women who traffic women: the role of women in human trafficking networks – Dutch cases

In the context of human trafficking, women are frequently portrayed as victims, whereas men are usually seen as offenders. In this article, we will demonstrate that women can also fulfil active, even leading, roles in human trafficking networks. Based on data collected from 89 court files in various Dutch courts in 2006–2007, we have analysed the role, tasks, and activities of these women. Assessing their independence, their tasks, and the extent of their equality in relationships with male traffickers, we have divided them into three categories: supporters, partners-in-crime, and madams. We have found that there is a wide variety of possible roles within the framework of human trafficking activities, and that African madams hold key positions in international human trafficking networks.