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for law enforcement
Identifying the Crime of Human Trafficking
- Law enforcement officers should keep in mind that the following scenarios may involve some form of human trafficking, or may be situations in which victims and/or traffickers could be found:
- Prostitution rings
- Operations of massage parlors, strip clubs, etc.
- Domestic abuse
- "False" or poorly examined 911 calls
- Vice raid where foreign nationals are encountered
- Encounters with migrant workers where a foreman or supervisor attempts to keep the group away from the law enforcement officers or attempts to control all communication between the officer and the group
- Brawls between people in which money is owed
- Crimes involving immigrant children in situations such as prostitution or forced labor
- Law enforcement officers may encounter the perpetrators or traffickers themselves who will offer alleged explanations of the situation. In these cases it is important for the first responding officer to note the following about others at the scene of the crime who may be victims of human trafficking:
- What are their living conditions?
- What are their working conditions?
- Are there indications of restriction of movement (e.g., are they allowed to leave the premises)?
- Are they forced to make frequent moves?
- Are there any behavioral indicators of severe dependency (e.g., submissive behavior, fearful behavior in the presence of others)?
- Who is in physical possession of their legal documents of identification?
- Who insists on providing information to law enforcement?
- Are they in the country legally?
- Traffickers use various techniques to keep victims enslaved. Some traffickers keep their victims under lock and key, however, the more frequent practice is to use less obvious techniques including:
- Debt bondage – financial obligations, honor-bound to satisfy debt
- Isolation from the public – limiting contact with outsiders and making sure that any contact is monitored or superficial in nature
- Isolation from family members and members of their ethnic and religious community
- Confiscation of passports, visas and/or identification documents
- Use or threat of violence toward victims and/or families of victims
- The threat of shaming victims by exposing circumstances to family
- Telling victims they will be imprisoned or deported for immigration violations if they contact authorities
- Control of the victims’ money, e.g., holding their money for “safe-keeping”
The result of such techniques is to instill fear in victims. The victims’ isolation is further exacerbated because many do not speak English and are from countries where law enforcement is corrupt and feared.
- Traffickers may also violate multiple state and local laws including:
- Sexual assault and battery
- Prostitution, pandering, or promoting prostitution
Screening Tool For Victims of Human Trafficking
This tool contains key questions law enforcement officers should consider asking to determine whether someone is a victim of human trafficking. The questions will also help to secure information that can later be used as testimonial evidence.
Fraud/Financial Coercion Questions
- How did you get your job?
- How did you get into this country?
- Who brought you into this country?
- Did you come to this country for a specific job that you were promised?
- Who promised you this job?
- Were you forced to do different work?
- Who forced you into doing different work than what was promised?
- Was there some sort of work contract signed?
- Who organized your travel?
- How was payment for your travel handled?
- Are you getting paid to do your job?
- Do you actually receive payment or is your money being held for you?
- Do you owe your employer money?
- Are there records or receipts of what is owed to your employer/recruiter?
- Are there records/receipts of what was earned/paid to you?
- How were financial transactions handled?
- Are you in possession of your own legal (I.D.) documents? If not, why?
- Were you provided false documents or identification?
- Are you being made to do things that you do not want to do?
Physical Abuse Questions
- Were you ever threatened with harm if you tried to leave?
- Did you ever witness any threats against other people if they tried to leave?
- Has your family been threatened?
- Do you know about any other person’s family ever being threatened?
- Were you ever physically abused, or did you ever witness abuse against another person?
- What type of physical abuse did you witness?
- Were there any objects or weapons used in the physical abuse?
- Where are these objects or weapons located?
- Was knowledge of this abuse ever communicated to a person outside of this situation (e.g., police reports, domestic violence reports, hospital records, social service records)?
- Was anyone else ever abused or threatened with harm in your presence?
- How were medical problems handled, and who attended to them?
Freedom of Movement Questions
- Is your freedom of movement restricted?
- Do you live and work in the same place?
- What were the conditions under which you were left unattended?
- Were there instances of physical restriction through locks, chains, etc.?
- Where are the locks used and who has the keys to them?
- How was movement in public places handled (e.g., car, van, bus, subway)?
- Who supervised your movement in public places?
- How was the purchase of private goods and services handled (e.g., medicines, prescriptions)?
- What forms of media or telecommunication did you have access to (e.g., television, radio, newspapers, magazines, telephone, the Internet)?
Psychological Coercion Questions
Behavioral indicators:
- Who are you afraid of?
- Why are you afraid of them?
- What would you like to see happen to the people who hurt you (e.g., jail, deportation)?
- How do you feel about the police? Why?
Environmental Indicators:
- Do you live and work in the same place?
- Where do you live/eat/sleep?
- Where do the alleged perpetrators live/eat/sleep?
- Are the living conditions between the two excessively disparate?
Law enforcement officers questioning the victim should consider the following:
- Is there evidence of possible “Stockholm” or “Patty Hearst” Syndrome where the victim, because of his or her dependency, actually begins to identify with the trafficker?
The Mindset of a Human Trafficking Victim
The following points illustrate how victims of trafficking may see themselves and their situations. It highlights the challenges that you may face as a law enforcement officer when interacting with potential victims.
- Victims are taught by their traffickers to distrust outsiders, especially law enforcement. They have a sense of fear and/or distrust toward the government and police because they are afraid they will be deported. Sometimes they feel that it is their fault that they are in this situation. As a coping or survival skill, they may develop loyalties and positive feelings toward their trafficker or may even try to protect them from authorities.
- Victims of human trafficking are hesitant to come forward because of their fear of being deported. While many of these victims are women and children who have been beaten and/or raped, their current situation may still be better than where they came from.
- Victims come from different social and ethnic backgrounds than the investigating officers. There may be significant cultural differences between the victim and U.S. law enforcement officials.
- Victims may be completely unaware of their rights or may have been intentionally misinformed about their rights in this country.
- Many victims do not self-identify as victims. They also do not see themselves as people who are homeless or as drug addicts who rely on shelters or assistance. Victims may not appear to need social services because they have a place to live, food to eat, medical care and what they think is a paying job.
- The victims may fear not only for their own safety but also for that of their families in their home countries. Some traffickers threaten that they will harm their victims' families if the victims report their situations to, or cooperate with, law enforcement.
- Criminal prosecution should empower the victims and should facilitate their healing process so that they see the crimes committed against them condemned and the people who harmed them punished.
Communicating with Victims of Human Trafficking
Most victims are afraid and initially hesitant to cooperate, often fearing for their lives. This document provides law enforcement with strategic word choice and usage geared to establish trust between the officer and the victim.
- You are safe now.
- No one here will hurt you.
- Under the Trafficking Victims Protection Act of 2000, victims of trafficking can apply for special visas or could receive other forms of immigration relief.
- Coming to us/Working with us will help you.
- You are a victim, not a criminal.
- What happened to you was wrong, and the person who did this to you should be in jail.
- You have a right to live without being abused.
- You deserve the chance to become self-sufficient and independent.
- By helping us, you are helping yourself.
- We can help get you what you need.
- We can help to protect your family.
- You can trust me.
- We want to make sure what happened to you doesn't happen to anyone else.
- You have rights.
- You are entitled to assistance. We can help you get assistance.
- If you are a victim of trafficking, you can receive help to rebuild your life safely in this country.
Identifying and Interacting With Victims of Human Trafficking
Victims of human trafficking are vulnerable human beings who have been subjected to severe physical and emotional coercion. Most have been “taught” to distrust law enforcement, so victims of human trafficking need to be reassured that once they come in contact with law enforcement officers, they will be protected and safe.
Following are some things law enforcement officers should consider when dealing with victims of trafficking. Being aware of these items will help promote a cooperative relationship, helping law enforcement to gain the assistance of victims in the investigation and prosecution of traffickers.
- Human trafficking is a devastating human rights violation that takes place not only internationally, but also here in the United States. As a law enforcement officer, you play an important role in identifying and helping trafficking victims. While trafficking is largely a hidden social problem, trafficking victims are in plain sight if you know what to look for.
- Trafficking is not just forced prostitution. Victims of human trafficking may also be in forced labor situations as domestic servants (nannies or maids); sweatshop workers; janitors; restaurant workers; migrant farm workers; fishery workers; hotel or tourist industry workers; and as beggars.
- A person who is trafficked may look like many of the people you see daily, but asking the right questions and looking for small clues will help you identify those people who have been forced or coerced into a life of sexual exploitation or forced labor. Look for the following clues:
- Evidence of being controlled
- Evidence of an inability to move or leave job
- Bruises or other signs of battering
- Fear or depression
- Non-English speaking
- Recently brought to this country from Eastern Europe, Asia, Latin America, Canada, Africa or India
- Lack of passport, immigration or identification documentation
- There are four areas of general victim needs:
- Immediate assistance (housing, food, medical, safety and security)
- Mental health assistance (counseling)
- Income assistance (cash)
- Legal status (certification, immigration)
- Take into consideration a victim’s cultural and social background as these traits will impact the way victims should be managed as witnesses, as well as the way the investigation of their cases are carried out. If possible, you should work with a culturally and linguistically competent interpreter when a victim demonstrates any of the above-mentioned characteristics. Ideally, this person could serve as a language interpreter and be able to interpret the cultural values and unique behaviors that are characteristic of the victim’s national and ethnic background.
- Effective communication is essential in gaining trust of victims as well as defining their immediate needs. Effective witness management extends into the courtroom when the time comes to present testimony and evidence to a jury.
- Screen interpreters to ensure they do not know the victim or the traffickers and do not otherwise have a conflict of interest.
- A successful investigation and prosecution of a human trafficking case is victim-centered. This requires lending support to traumatized and confused victims before you can gain their confidence.
- Once victims of human trafficking are rescued from the traffickers, they generally will be incapable of finding outside support due to the isolation they have suffered while in captivity. This especially impacts you as law enforcement officers because it can place you in the initial position of having to arrange for such support.
- Victims of human trafficking in the U.S. who are non-citizens may be eligible to receive special visas and to receive benefits and services through the Trafficking Victims Protection Act (TVPA) to the same extent as refugees. Victims who are U.S. citizens are already eligible to receive many of these benefits.
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