PowerPoint Script - The Advocates for Human Rights

Note to presenters: The goal of this PowerPoint is to provide an overview of sex trafficking and Minnesota’s response, with special attention on Minnesota's Safe Harbor law. This PowerPoint can be used to introduce the definitions of sex trafficking, the dynamics of traffickers and victim vulnerability, the intersections with other forms of violence and exploitation, as well as factors that contribute to sexual exploitation. In addition, this PowerPoint explains how Minnesota has responded to sex trafficking through legal and policy reform. The presentation may be used to train audiences for effective implementation of the Minnesota Safe Harbor law and the No Wrong Door model.
Presenters may use these slides and associated handouts as well as incorporating their own relevant pieces. The notes section of each slide contains both a proposed “Proposed Script” as well as “Internal Notes”. • Proposed Script – proposed language that you can use during your presentation to describe the slide and relevant points
• Internal Notes ‐ background information or instructions for the presenter (including references to handouts) not to be read out‐loud for audience
If you use material from these slides please include the original source citations where relevant. 1
Internal Notes: Review the objectives of your presentation with your audience.
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Proposed Script: Human Trafficking is a human rights violation that involves individuals profiting from the exploitation of others. It happens all around the world, throughout the United States, as well as in our own state of Minnesota. Understanding what Human Trafficking is helps us understand how to effectively respond to protect victims, hold perpetrators accountable, and ideally, prevent it from happening in the first place. Trafficking in Persons and Human Trafficking have been used as umbrella terms to describe when someone obtains or holds a person in compelled service. Internal Notes: A presenter could ask this question after outlining the objectives on the previous slide, and wait to reveal the answer until after soliciting answers from the audience. 3
Proposed Script: While most of the focus of this presentation is on sex trafficking, the term human trafficking includes both labor and sex trafficking. Labor and sex trafficking often overlap as victims, especially women and girls, who are trafficked for labor are also vulnerable to sexual exploitation. 4
Proposed Script: While men and boys can be trafficked for sex, victims of sex trafficking are primarily women and girls. At the same time, traffickers and purchasers of sex are most often men. As a result, this presentation usually refers to victim/survivors with female pronouns, and to traffickers and purchasers with male pronouns, but identifies places where boys and transgender youth are also vulnerable or victimized.
Internal Notes: While acknowledging that men, boys, and GLBT youth are trafficked, research supports recognizing sex trafficking as a gendered crime and form of violence against women. • In 2012, the International Labor Organization provided new statistics on the scope of trafficking, both labor and sex trafficking, around the world. • Almost 21 million people are victims of forced labour (which includes both labor and sex trafficking).
• Of that number, 55%, 11.4 million, are women and girls and 9.5 million men and boys.
• Almost 19 million victims are exploited by private individuals or enterprises and over 2 million by the state or rebel groups.
• Of those exploited by individuals or enterprises, (the 19 million), 4.5 5
million are victims of forced sexual exploitation.
• Women and girls represent 98% of the 4.5 million victims of forced sexual exploitation. • International Labour Organization, 2012, “ILO Global Estimate of Forced Labour: Results and Methodology,” p. 14, Geneva. Full report can be found at: http://www.ilo.org/wcmsp5/groups/public/‐‐‐
ed_norm/‐‐‐declaration/documents/publication/wcms_182004.pdf
• In Minnesota, a recent report examining the market for sex with juvenile girls in Minneapolis explained that their data showed “the vast majority of leaders of sex trafficking operations were identified as men and boys.” At the same time, they noted that “the vast majority of victims described in [their] data were female.” To the extent that they found women to play active roles in trafficking operations, “most had been exploited in commercial sex themselves, prior to becoming involved as facilitators.” Although outside the scope of their research, the researchers found evidence of juvenile male and transgender victims and suggest future research in that area. “Mapping the Market for Sex with Trafficked Minor Girls in Minneapolis: Structures, Functions, and Patterns”, Lauren Martin & Alexandra Pierce, September 2014, p. 22. (Hereinafter cited as, Mapping the Market, Martin & Pierce.) • The Executive Summary of this Mapping the Market report is included as a handout for this resource packet and can be referred to throughout your presentation. The full report along with the Executive Summary can be found at: http://uroc.umn.edu/sextrafficking/
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Proposed Script: How widespread is Human Trafficking? How big of a problem is sex trafficking in Minnesota? How many victims? How many traffickers? How many buyers?
These are common questions. However, when we discuss the scope of trafficking in Minnesota or around the world, it is important to explain a very large caveat: it is extremely difficult, if not impossible, to obtain an absolute and reliable number of how many trafficking victims exist. Human trafficking, by its nature, is a clandestine, hidden crime. Traffickers, buyers, and even victims actively try to avoid being discovered. Victims often do not self‐identify as victims. They often identify their pimp as their boyfriend or may be reluctant to reveal that they were trafficked for various reasons including fear of their trafficker, a twisted feeling of loyalty to their trafficker, or fear of the criminal justice system and being charged with a crime themselves. As a result, victims of sex trafficking along with their traffickers and the purchasers, often go unidentified or misidentified. Thus, any discussion of the scope of trafficking must be understood within these limitations. It is very likely, however, that sex trafficking is underreported and the numbers we do hear could be much higher. The truth is that it is much less relevant to argue the exact numbers as it is to 6
understand that 1) it exists in MN; and 2) is extremely harmful to both the individuals involved as well as the community at large. From a human rights perspective, one is to many. 6
Proposed Script: We do have some limited information as to the scope of trafficking around the world and in Minnesota. The International Labor Organization (ILO) estimates that there are at least 21 million adults and children being trafficked for labor or sex at any given time. Internal Notes: The ILO statistics on forced labor includes forms of sexual exploitation and sex trafficking. For more information visit their website at: http://www.ilo.org/global/topics/forced‐labour/lang‐‐en/index.htm.
Also, for more information visit the U.S. State Department’s Trafficking in Persons Reports at: http://www.state.gov/j/tip/rls/tiprpt/index.htm
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Proposed Script: Similarly, we can’t say exactly how many people are trafficked in Minnesota. But we do know that this is happening. Our service providers are working with victims, we are hearing about perpetrator arrests, and we are seeing cases in the courts. Internal Notes: Recent reports in Minnesota have given us snapshot statistics on sex trafficking at a given time. While extremely valuable, these reports are self‐identified as being limited and do not claim to provide an entire picture or absolute numbers. However, they still provide valuable information within that limited scope and can be used as a reference point in presentations as long as the caveat that the numbers are probably higher than what is reported, is explained. • In October 2014, the Minnesota Office of Justice Programs and Minnesota Statistical Analysis Center released their most recent biennial “Human Trafficking in Minnesota, Report to the Legislature”. This report clarifies that “There is no systematic or centralized way to count victims of human trafficking.” (p. 1). The data in the report came from online surveys voluntarily completed by service providers and law enforcement from across the state. Brief statistics included: 8
• Service providers who responded reported: • 74% of service providers reported having served at least one victim of human trafficking in MN (83% of those were sex trafficking victims; 33% were labor trafficking victims) • At the time of the survey, service providers indicated they were serving: • 5 adult males, 79 adult females, 11 boys and 80 girls who were victims of sex trafficking
• Law enforcement who responded reported: • 21% of law enforcement reported having had a sex trafficking arrest or investigation
• At the time of the survey, law enforcement indicated they were investigating 25 sex trafficking cases.
• The previously mentioned “Mapping the Market, Martin & Pierce” also provides valuable information on the sex trafficking market in Minneapolis based on five data sources. The report explains the scope of the study and emphasizes that it is NOT a study on prevalence. As such its data should be understood within the scope of the study’s intention, to map and define the market for domestic minor sex trafficking in Minneapolis. The following two sources provide a limited snapshot of the number of sex trafficking cases in Minneapolis from January 2008 – October 2013:
• Minneapolis Police Department case information related to cases of prostituted and/or trafficked juveniles from January 2008 – October 2013, identified: • 50 individuals who were involved as facilitators of sex trafficking (average age 31)
• at least 73 unduplicated minor victims (66 were female, 7 were male) (average age of police involvement 15; this is not an indication of when they first were trafficked)
• 23 unduplicated sex buyers (average age 42)
• Hennepin County District Court data related to cases of prostituted and/or trafficked juveniles from January 2008 through October 2013, identified 39 relevant cases from which researchers identified: • 38 victims in 39 cases
• Of the 38 victims, only 26 had their age documented (19 were minors averaging 15.3 years in age; 7 were adult women ages 18‐26)
• 34 cases with traffickers/pimps (29 male; 5 female) (ages 8
ranged 19‐66; 62% were 30 or younger)
• 5 cases where sex buyers were prosecuted (ages ranged 39‐
50
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Proposed Script: There are multiple definitions of human trafficking. Three prominent legal definitions come from the United Nations, the federal law, and our own Minnesota state law. While it is not always necessary to know the nitty‐gritty legal definition, it is important to know what terms you are using and whether other stakeholders have the same understanding of human trafficking. Having a common understanding of human trafficking is important in order to ensure that victims are being identified and that perpetrators are being held accountable. For example, Minnesota’s sex trafficking law is broader than the federal law. As such, it recognizes people as victims who may not be recognized as victims under the federal law. If individuals are only using the federal law in Minnesota to identify sex trafficking, they are missing victims as well as perpetrators. Please refer to the handout on Legal Definitions of Sex Trafficking for specific language of each law. While we won’t go into specifics of the language from the United Nations, because sex trafficking is a human rights violation we can use international human rights principles to guide our local work. The Palermo Protocol comes from the United Nations and provides guidance for interpreting human 9
trafficking in national and local laws. While the language of the Palermo Protocol seems dense there are three important points that guide a human rights response to trafficking: 1) The definition of exploitation is very broad and can include various forms of sexual exploitation; 2) It clarifies that child means anyone under 18 years‐old which was important when the Safe Harbor legislation was drafted in MN; and 3) Under the Palermo Protocol, individuals may be trafficking victims regardless of whether they once consented, participated in a crime as a direct result of being trafficked, were transported into the exploitative situation, or simply born into a state of servitude. This means that a person’s initial consent is not legally determinative of whether they are a victim: if they are thereafter held in service through psychological manipulation or physical force, they are trafficking victims and should receive the benefits outlined in the Palermo Protocol and applicable domestic laws.
Internal Notes: Direct participants’ attention to the handout on Legal Definitions of Sex Trafficking to see the full text of the three referenced definitions. 9
Proposed Script: This is just a visual representation of the federal law that explores the Action of the trafficker, the Means by which the victim was brought into and kept in the trafficking situation, and the Purpose for which the victim was trafficked. We can use this same chart to examine and compare the federal and the Minnesota trafficking laws. The language of the Federal Trafficking Victims Protection Act describes the traffickers actions as: Recruitment, harboring, transporting, providing, or obtaining. It focuses on these that are done for the purposes of a commercial sex act, as opposed to the broader language of exploitation in the Palermo Protocol or the more narrow purpose of prostitution which you will see in the Minnesota law. In addition, the federal law creates a distinction based on age that does not exist in the Minnesota law. Under the federal law, if the victim is 18 or older, a prosecutor must show proof of force, fraud, or coercion to establish that sex trafficking occurred. However, if the victim is under 18 they must only show that they were induced to perform a commercial sex act and they do not need to show that there was force, fraud, or coercion. As you will see, while the sex trafficking law in most states is similar to the federal law, this part of the federal 10
law was not replicated in the Minnesota law because it creates a false distinction that does not match the reality of victims’ experiences. We know that victims who start being trafficked when they are under 18 are not suddenly able to leave the life when they turn 18. Even without force, fraud and coercion, they are often more entrenched in the situation and it is even more difficult to escape as now they are subject to an additional burden of proof, additional scrutiny, and are themselves potential criminals if they weren’t already before. Internal Notes: Traditionally force refers to physical force, fraud refers to lies, false promises, and coercion includes threats of violence, manipulation. The truth is that many trafficking cases have these elements as traffickers regularly use violence, threats of violence, lies and manipulation to recruit and maintain control over their victims. However, the types of threats and manipulation used in prostitution and trafficking are often hidden and less overt than they are in other crimes. As more has been learned about the methods used by pimps / traffickers, it may become less burdensome to meet this additional burden. However, it remains an added element in a prosecutor’s case that Minnesota doesn’t have. In addition, if, for victims 18 and over, law enforcement, service providers, and other stakeholders think that trafficking only exists if these elements are present, they might screen out situations that qualify as trafficking under the Minnesota law and miss both victims as well as perpetrators. 10
Proposed Script: Each state can have its own law. Minnesota’s law defines sex trafficking as receiving, recruiting, enticing, harboring, providing, or obtaining someone by any means for the purposes of prostitution. Minnesota’s law is very different than the federal law and laws in other states because it does not require a showing or force, fraud, or coercion for any aged victim. It has no false distinction based on age and clarifies that a person can be trafficked by any means regardless of their age. In this way, Minnesota law focuses on the actions of the traffickers as opposed to the victim’s age, or questioning how the victim got into the situation, and what she did or didn’t to do escape. Internal Notes: For background knowledge, Prostitution is further defined as: Engaging or offering or agreeing to engage for hire in sexual penetration or sexual contact. Minn.Stat. § 609.321, subd. 9. 11
Proposed Script: So as a quick review, there are two major differences between federal law and Minnesota’s sex trafficking law. First, unlike the federal sex trafficking law, Minnesota law considers individuals of any age who have been prostituted “by any means” as trafficking victims. It is not necessary to show that he victim was forced, defrauded or coerced. The effect of this in Minnesota is to focus on the actions of the trafficker as opposed to the behavior of the victim. Second, Minnesota law placed sex trafficking within the state’s prostitution statutes recognizing the connection between sex trafficking and pimping. This unique approach of our Minnesota law, has changed our language as well as who we identify as victims, traffickers, and purchasers of trafficking victims. We are able to identify a broader group of victims who need services, while recognizing a broader group of perpetrators who are actually traffickers. It also clarifies that “johns” or “purchasers” who pay to have sex with women and girls, are actually purchasing sex trafficking victims as opposed to committing a victimless crime. This language more accurately reflects the reality of prostitution. 12
Proposed Script: Prostitution involving a 3rd party facilitator is sex trafficking under Minnesota law. As mentioned, Minnesota’s law put sex trafficking within the prostitution statute recognizing it as a form of pimping. If a person being prostituted has a pimp, madam, or third party who receives profits from her prostitution, that is sex trafficking in Minnesota, regardless of whether she is 12 or 21. 13
Proposed Script: People often make a false distinction between sex trafficking and prostitution. In reality they are part of the same continuum of criminal activity: the sexual exploitation of vulnerable people, primarily women and girls. While it is important to know the law, it is vital to realize that human trafficking is not just sex trafficking, and sex trafficking is related to other forms of exploitation. Our response must be holistic and recognize these interconnections. Internal Note: People sometimes ask “What about the women who just prostitute themselves without a pimp? Is that sex trafficking?” It is possible that someone could prostitute themselves without a pimp and this would not qualify as sex trafficking under the legal definition. However, this would still be considered a commercial sexual exploitation. Research seems to support that this is not the norm for women in the life and most women who are involved in prostitution at some point have a pimp‐like figure who receives profit from their prostitution. This is even more true for juveniles who have someone else involved in the process who drives them around, arranges the “dates”, rents the hotel room, and controls the money. 14
You can refer to the notes from the previous slides for statistics related to gender and sex trafficking. Although men and boys can be sex trafficked, victims are primarily women and girls. This is combined consequence many factors, including, the increased vulnerability to violence women and girls face in society because of their gender, their overrepresentation in poverty, as well social expectations and acceptance of women’s sexual availability and accessibility to men. See: Mapping the Market study – Across all the data they examined, “the vast majority of leaders of sex trafficking operations were identified as men and boys.” The researchers found evidence of juvenile male and transgender victims, however, they noted that “the vast majority of victims described in our data were female.” To the extent that they found women to play active roles in operations, “most had been exploited in commercial sex themselves, prior to becoming involved as facilitators.” p. 22, Mapping the Market, Martin & Pierce.
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Proposed Script: Many people acknowledge a broader working understanding of sex trafficking. As this graphic shows, sex trafficking is just one form of commercial sexual exploitation which, in turn, fits within even broader category of sexual exploitation. In addition, sexual exploitation overlaps with other forms of violence against women such as domestic violence. While these broader forms of sexual exploitation that may not fall under the legal definition of sex trafficking they are still extremely damaging to individuals as well as our society and support a culture in which sex trafficking thrives. It is important to understand sex trafficking within this larger context of sexual exploitation because, being a victim of one form of sexual exploitation makes a person more vulnerable to becoming a victim of commercial sexual exploitation, and in turn, more vulnerable to becoming a victim of sex trafficking. So if we really want to stop or prevent sex trafficking, we have to address all forms of sexual exploitation. This is especially important for people who work in related areas to know. As they start uncovering trafficking cases, they will also see these other forms of violence and exploitation. They may also see ties with labor trafficking. As groups prepare their response to sex trafficking in various disciplines or regions, 15
they should also evaluate their response to other related forms of violence and exploitation. 15
Proposed Script: When you are working to raise awareness to combat sex trafficking, prostitution, and sexual exploitation, you might hear someone ask something along the lines: “Well, I feel bad for the young girls who are kidnapped from another country, locked up and forced to have sex with people. But, if someone decides to become a prostitute to make some extra money, well, that’s just their bad choice isn’t it?” This misguided question comes from an underlying misunderstanding of the reality of what sex trafficking and prostitution is. Movies and media emphasize these misunderstandings. Of the many examples, I’ll choose two movies that exemplify these misunderstandings: Taken and Pretty Woman. First, in the movie Taken we see traffickers kidnapping victims, moving them across countries, and keeping them chained and locked up. We need to get away from the idea that sex trafficking only happens to foreigners, kidnapping victims, and hostages. While these cases do happen and foreign victims are extremely vulnerable, the majority of domestic minor sex trafficking victims are from the U.S., as are many of their traffickers, and the purchasers. Trafficking doesn’t have to involve transportation across a border and someone can be trafficked without leaving the country, the state, or city from which they come. 16
Second, think of the hugely popular movie “Pretty Woman” where the protagonist had complete control of her sexual encounters and found her prince charming along the way. Too often prostitution is seen as a victimless crime – merely sex between consenting adults for money or a legitimate business exchange. There is a prevalent myth of a “Pretty Woman”, empowered, “high‐class” escort girl, who gets to make all the decisions, gets treated well, and make a lot of money in the process. However, this is just not the reality for the majority of individuals involved in prostitution. It is hard to imagine what prostitution is truly like until you are in it. Many victim say they didn’t realize what is really was until it was too late. By then, it is extremely difficult and dangerous to leave. So, to answer this question, we must look at the reality of sex trafficking and prostitution and dismiss the myths and misunderstandings. What do we know?
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Proposed Script: We know that the “Pretty Woman” story or the myth of the highly paid, safe escort may be true for a few individuals involved in prostitution. But, for the majority, the life is very different. The majority of women and juveniles involved in prostitution have, at some point, a pimp‐like figure or a third party making money from their sexual exploitation. Furthermore, when we are talking about sex trafficking in Minnesota, we are, by definition, talking about controlled prostitution where the trafficker/pimp/madam are seeking out vulnerable populations to be sexually exploited. Pimps use love, fear, violence, and intimidation to breakdown a victim’s resistance, obtain power over a victim, and maintain total control of the operation. These victims don’t get to make the decisions with who, where, and how they have sex with a purchaser. They don’t get to make the decisions regarding how many men they have to have sex with before they can go home. They don’t get to keep all, if any, of the money they earn. They are beaten up, raped, and threatened. They don’t get to decide whether they use a condom or have easy access to a doctor when they get beat up, have an STD, or get pregnant. And they don’t always get to decide when they just want to stop. Furthermore, we can’t base our understanding of the reality for the majority of people being prostituted upon the stories of a few. 17
Note that the term “sexually exploited elite” refers to women who may be relatively “in control”, of the operation – make and keep the money they earn and leave the life when they want to. But they are nevertheless sexually exploited. Prostitution reduces human beings to objects to be commodified
and exploited. Furthermore, it is predominantly the most vulnerable and already disenfranchised of our communities who bear the burden of this exploitation. Internal Notes: Information on predominance of pimp control of prostitution is difficult to quantify but is supported by experts working with victims. There are some older studies that support this information: • 90% of prostituted women interviewed in Minnesota by WHISPER had pimps while in prostitution. (Evelina Giobbe, 1987, WHISPER Oral History Project, Minneapolis, Minnesota).
• 80‐95% of all prostitution is pimp‐controlled. (Kathleen Barry, The Prostitution of Sexuality, 1995, New York, New York University Press). 17
Proposed Script: Speaking of vulnerable populations, we also know that the average age of entry for a juvenile into prostitution is 12‐14 years old. This is not an age where we allow children to make such major life decisions or hold them accountable for bad decisions they may make. We know that youth are extremely vulnerable to being trafficked. Especially youth who are runaways, homeless, behaviorally or emotionally challenged, or identify as GLBT. Many adults who are prostituted began being sold before age 18. Internal Notes:
It is important to emphasize that the statistic above is often misquoted. It specifically refers to the average age of entry for a juvenile who is prostituted as a juvenile. It does not refer to the average age of entry for anyone in prostitution. While we know that most adults who are prostituted began being sold before the age of 18, we want to clearly represent this information as it has been called into question when misquoted. The statistic above comes from: Richard J. Estes and Neil Alan Weiner, "The Commercial Sexual Exploitation of Children In the U. S., Canada and Mexico Full Report (of the U.S. National Study)," Sept. 18, 2001, Revised February 2002 (page 92). (looked at 28 cities 18
selected for special study across the three countries). A local study in North Minneapolis found that in a survey of individuals who had been or are involved in prostitution (not necessarily trafficked), approximately half of those reporting said that they had traded sex for the first time as a minor. (60 had traded or sold sex for the first time as a minor; 57 as an adult; and 18 people did not answer the question.) Martin, L., M. Hearst and R. Windome. (2010). Meaningful Differences: Comparison of Adult Women Who First Traded Sex as a Juvenile versus as an Adult. Violence Against Women, 16(11) 1252–1269.
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Proposed Script: We also know that prostitution and sex trafficking is not a victimless crime. We know it is extremely harmful for victims and the communities in which it occurs. These statistics come from the organization Breaking Free which works with women trying to escape “the life” and provides a snapshot of the harms suffered by the women with whom they work. They show that traffickers prey on the most vulnerable and use violence and manipulation to maintain control. Knowing the harm suffered by those who are prostituted makes it harder to assume that this is a life that someone would choose. It also makes it harder to argue that prostitution is just like any other job. We will see many of these same harms when we discuss who and how a person becomes trafficked. Internal Notes:
Statistics used with permission from Breaking Free. 19
Proposed Script: These photos are mug shots of a single person, arrested repeatedly over a one‐ to two‐year period, for prostitution. These pictures illustrate the physical effects of prostitution on a victim (beatings, drugs, lack of resources). This is reality. This is not the glamorized version we see in the media. These photos show very clearly that prostitution is not a victimless crime. This woman has suffered. She is someone’s daughter, someone’s mother, someone’s sister. She is human, not a product. Again, when you know the harm suffered by trafficking victims, it is much harder to argue that going through what this woman has gone through is a choice. Similarly, these photos combat the mistaken notion that prostitution is just “work” or a “profession” like any other. Internal Notes: The creators of this presentation would like to make a comment about including mug shots of victims in your presentations: Presenters should know that there are differing opinions on whether victims’ mug shots should be included in this type of presentation. On one hand, including them can be seen as further victimization. While public record, the victims may not be expecting their photos to continue to be used for other 20
purposes. On the other hand, these photos very clearly show the reality of prostitution. From this perspective, they are an effective education tool to break down the myths and misunderstandings that create barriers to change. When describing the harm suffered by victims of trafficking and trying to make the point that prostitution is not a victimless crime showing these photos is arguably more compelling than just reading a list of statistics. By showing these photos, you can make the point that this is someone’s daughter, someone’s mother, someone’s sister. They are human. We have left these slides in this example presentation so presenters will have all the information they need. However, each presenter is welcome to make their own decision on whether to keep these photos in or take them out. If you take them out, be sure to include the relevant message from the script in your discussion on the previous slide with statistics on harm suffered by women served by Breaking Free. These photos were taken from an article that was originally published in the September/October 2007 Issue of PRISM magazine, http://issuu.com/prismmagazine/docs/portrait_of_exploitation, and later republished in the ESA website, in October 2013, http://www.evangelicalsforsocialaction.org/sexual‐justice/portrait‐of‐
exploitation‐the‐real‐face‐of‐prostitution/).
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Proposed Script: Here again, these photos are mug shots of a single person, arrested repeatedly over a one‐ to two‐year period, for prostitution. While poverty and race are factors that make victims more vulnerable to being trafficked, trafficking victims can be of any race or socio‐economic background. Something to take note of, is that these are mug shots. In many jurisdictions, sex trafficking victims are simultaneously victims and criminals. Being treated as a criminal is a barrier to getting help. These photos make you think about how many times the system could have intervened to help this victim. Instead, she was arrested again and again. Thankfully, this response has been changing in Minnesota, especially when it comes to juvenile victims as we will discuss when we talk about Minnesota’s Safe Harbor law. Internal Notes: SEE COMMENTS IN NOTES OF PREVIOUS SLIDE ‐ The creators of this presentation would like to make a comment about including mug shots of victims in your presentations: Presenters should know that there are differing opinions on whether victims’ mug shots should be included in this type of presentation. On one hand, including them can be seen as further victimization. While public record, the victims may not be expecting their photos to continue 21
to be used for other purposes. On the other hand, these photos very clearly show the reality of prostitution. From this perspective, they are an effective education tool to break down the myths and misunderstandings that create barriers to change. When describing the harm suffered by victims of trafficking and trying to make the point that prostitution is not a victimless crime showing these photos is arguably more compelling than just reading a list of statistics. By showing these photos, you can make the point that this is someone’s daughter, someone’s mother, someone’s sister. They are human. We have left these slides in this example presentation so presenters will have all the information they need. However, each presenter is welcome to make their own decision on whether to keep these photos in or take them out. If you take them out, be sure to include the relevant message in the script in your discussion on the previous slide with statistics on harm suffered by women served by Breaking Free. These photos were taken from an article that was originally published in the September/October 2007 Issue of PRISM magazine, http://issuu.com/prismmagazine/docs/portrait_of_exploitation, and later republished in the ESA website, in October 2013, http://www.evangelicalsforsocialaction.org/sexual‐justice/portrait‐of‐
exploitation‐the‐real‐face‐of‐prostitution/).
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Proposed Script: Choice is also about being able to leave a a situation no matter how you got into it. In one study of 475 people involved in prostitution from 5 different countries, 92 percent of the people surveyed said they wanted to leave prostitution. Even in the legal brothels in Nevada where the women are supposedly there by choice and treated better, 81 percent of the women interviewed said they not only wanted to leave prostitution but “urgently wanted to escape.” If you started something thinking it was your choice, but after you were in it, you wanted to leave and couldn’t, is it really a choice? So, by looking at the realities of prostitution and trafficking, we are to dispel some of the myths surrounding trafficking and prostitution, including whether it is a choice. Now we can begin to review the dynamics of how sex trafficking occurs. Finally, remember that choice is entirely legally irrelevant when the victim is under 18 under both federal and state law. Choice is also legally irrelevant under Minnesota law when there is facilitated prostitution because of our sex trafficking law. A prostituted individual is still a crime victim as defined by 22
Minn. Stat. 609.321. Internal Notes: Notes on studies: • Melissa Farley et al., Prostitution in Five Countries: Violence and Posttraumatic Stress Disorder, 8 Feminism & Psychology 405 (1998), available at http://www.prostitutionresearch.com/prostitution_research/000020.html. The 475 people interviewed included women, men, and transgendered individuals who were currently and recently prostituted in the following five countries: South Africa, Thailand, Turkey, USA, and Zambia.
• Melissa Farley, Prostitution & Trafficking in Nevada: Making the Connections, p. 29, (2007). Summary available at www.prostitutionresearch.com. Can view summary and book via amazon at: http://prostitutionresearch.com/2007/03/17/prostitution‐and‐
trafficking‐in‐nevada‐making‐the‐connections/ 22
Proposed Script: By looking at the realities of prostitution and trafficking, we are able to dispel some of the myths surrounding trafficking and prostitution, including whether it is a choice. Now we can begin to review the dynamics of how sex trafficking occurs: Who is being trafficked?; How does it happen?; and Why does it happen?
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Proposed Script: Let’s start with understanding how a person becomes victim of sex trafficking. 24
Proposed Script: Anyone can become a trafficking victim. But there are
certain risk factors that make some individuals more vulnerable to being
trafficked. Traffickers prey on anyone vulnerable for any reason.
Whatever will make them easier to recruit, manipulate, and control. While not a standalone predictor, poverty plays a role in both making victims more vulnerable to being trafficked as well as a role in making traffickers become traffickers. We have discussed how youth are extremely vulnerable as
many enter into prostitution as children and it continues into adulthood. In
addition, knowing someone already involved in prostitution, such as a
family member or close friend, is a major risk factor for being trafficked.
While sex trafficking victims in Minnesota are often citizens, not having
legal status is a vulnerability factor that is often compounded by not
knowing the language, the laws of a country, and being away from family
or support. Traffickers will often steal their victims documents to maintain
control of them knowing it is harder to run away or get help without them.
Some of the risk factors listed on this slide overlap. For example, we
know that poverty and race are related problems in many of our
communities. In addition, there are other risk factors not included here.
For example, recent research has shown that traffickers will prey on
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youth with behavioral and emotional problems or developmental delays,
specifically seeking them out at schools that provide services to this
group of kids. In addition, a lack of resources includes individuals who
are homeless and youth who have runaway and have to resort to
“survival sex” to meet their basic needs for food and shelter. Traffickers
will prey upon this and other vulnerabilities.
Internal Notes: Presenters do not necessarily need to read the entire
list. It might be effective to include what has already been mentioned in
the proposed script or highlight a few to comment on. The point is that
these are vulnerabilities that traffickers will strategically seek out and
exploit.
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Proposed Script: Let’s discuss how it happens
26
Proposed Script: The trafficking process is sometimes divided into three steps: First, people are recruited to be trafficked; in order to be amenable to being sold over and over again to have sex with strangers, many victims need to be initiated or undergo a process called “breaking” that breaks them of any ability to resist; then the traffickers strategically enlist tactics to maintain control over their victims/products. We can discuss each step more in depth. 27
Proposed Script: Recruitment often happens through a relationship with someone involved in prostitution. If a family member or a close friend is a pimp or a recruiter, they may recruit from their own family or the families of their other trafficking victims. Also, the “Boyfriend” pimp is one of the most
common paradigms of recruitment. Through this method, recruitment
may seem more subtle and often appear as normal behaviors (flirting,
etc.). A pimp may start off acting like a victim’s boyfriend, buying her gifts,
giving her drugs, or promising money or a better life. Traffickers then
either use that relationship bond to and manipulate the victim into
prostitution or turn to more violent breaking techniques.
People who are homeless are extremely vulnerable to being trafficked
and are often recruited while engaging in “survival sex” which is having
sex with someone in exchange for meeting basic needs of food or
shelter. Juveniles who have runaway or been kicked out of their homes
often are especially susceptible to this method of recruitment.
Drug abuse is both a way to recruit victims as well as a control tactic.
Research has shown us that while many victims are young, their
28
purchasers are adult men. So solicitation by an adult is a common
recruitment method.
Victims may be lured through promises of work or other benefits and it
is important to remember a trafficking victim is still a trafficking victim
even if they receive some payment.
We also can’t forget the role that legal businesses that are based on
sexual exploitation play in recruiting victims for sex trafficking. Many
victims explain how they were recruited when they were working as
strippers. Other cases describe trafficking victims being rotated through
strip clubs in different cities.
Recent research in Minneapolis showed how traffickers found victims
by recruiting in places where youth congregate whether it was a school,
the mall, or a local library. Traffickers also sought out locations to
recruit kids who were already vulnerable due to other behavioral or
emotional problems, such as treatment or counseling centers, juvenile
detention facilities, or specialty schools. Of particular concern, is that
these places are often locations where youth are supposed to be safe.
Finally, we cannot underestimate the role that social media plays in sex trafficking, both as a method of recruitment and control, as well as in the actual process of advertising “product” to purchasers. The internet has made it easier for traffickers to find vulnerable victims. Taking nude pictures of a girl and threatening to put them on the web or send them to family is a method of maintaining control over victims. And websites like Backpage.com has made it as simple to order a girl for sex as it is to buy a used car or even a pizza. There has been growing outrage and pressure against websites like Backpage.com who seem to dismiss their role in sex trafficking or hide behind the first amendment to continue business. One victim who is a plaintiff in a federal law suit against Backpage.com has been quoted as saying : “When on Backpage, I was advertised in the same way as a car or a phone, but with even less value than a bike. … Men would view their options, and if I seemed like the best one, they would call.” This victim, now 17, reported being sold for sex on Backpage.com when she was 15 and 16; she estimates that she was raped 1,000 times as a result. 28
Proposed Script: Finally, we cannot underestimate the role that social media plays in sex trafficking, both as a method of recruitment and control, as well as in the actual process of advertising “product” to purchasers. The internet has made it easier for traffickers to find vulnerable victims. Taking nude pictures of a girl and threatening to put them on the web or send them to family is a method of maintaining control over victims. According to recent survey by Thorn– over three‐quarter of underage sex trafficking victims said they had been advertised or sold online. (http://www.wearethorn.org/online‐exploitation‐child‐sex‐trafficking‐escort‐
websites/?utm_source=tw&utm_medium=tweet&utm_campaign=blog)
And websites like Backpage.com has made it as simple to order a girl for sex as it is to buy a used car or even a pizza. There has been growing outrage and pressure against websites like Backpage.com who seem to dismiss their role in sex trafficking or hide behind the first amendment to continue business. One victim who is a plaintiff in a federal law suit against Backpage.com has been quoted as saying : “When on Backpage, I was advertised in the same way as a car or a phone, but with even less value than a bike. … Men would view their options, and if I seemed like the best one, they would call.” This victim, now 17, 29
reported being sold for sex on Backpage.com when she was 15 and 16; she
estimates that she was raped 1,000 times as a result. Internal Notes: Quote from victim comes from a New York Times Op‐Ed article by Nicolas Kristoff, Teenagers Stand Up to Backpage, published November 1, 2014. Previously found at: http://www.nytimes.com/2014/11/02/opinion/sunday/teenagers‐stand‐up‐
to‐backpage.html?smid=nytcore‐iphone‐share&smprod=nytcore‐iphone&_r=1 Sometimes people think that Backpage.com should continue to operate
because it serves as a tool to help law enforcement find victims. While
this may be true, Backpage.com and other websites like it could do a lot
more if they really wanted to help stop trafficking. The above mentioned
article describes allegations that say that Backpage.com actually takes
steps to allow this practice to continue such as allowing postings of girls
for sale without a full telephone number or with an untraceable credit
card, all of which make it more difficult to find victims and are tactics
that are required for listing other legitimate items for sale. The truth is
that Backpage.com reaps a huge profit from their online
escort/prostitution postings.
One source, (The AIM Group) identified that 5 websites reported $45 million in revenue for ads for escort and body‐rubs and claims that over 80% of that is for Backpage.com. This research was conducted by a firm specializing in interactive media and classified advertising and was not conducted for social science research purposes. These are estimates on five sites in 23 cities (including MN): Backpage, Eros, CityVibe, MyRedbook and AdultSearch. In their study, “revenue is estimated by multiplying the number of ads by the advertising rates in each city, plus an assumed additional charge to republish the ads four times. The research does not count ads published outside the primary cities, so revenue has been substantially underestimated.” The estimates are based on findings from June 2012 – May 2013. 29
Proposed Script: The process of initiation or breaking is meant to do just that, initiate a victim into the life of being bought and sold for sex and “break” any resistance they might have. It is meant to tear the victim down so that she is solely reliant on and controlled by the trafficker. This can involve threats or manipulation to outright rape and torture. Often victims are gang raped or subjected to a “train” where multiple men at a party will have sex with them. 30
Proposed Script: Breaking can include branding the victim as seen in the pictures. It can also include involve an alternating of “love” and then abuse that results in a “trauma bond.” Once a victim has been sold to her first customer or been subjected to a “train”, it is easier to exploit her feelings of worthlessness, hopelessness, and threaten blackmail or criminal consequences if she tries to leave. 31
Proposed Script: Traffickers use strategic methods to maintain control
over their victims. While there often are visible signs of brutal control
tactics, it is important to understand that many tactics are not visible and
may seem much more implicit to the outside observer.
A trafficker’s methods of control are often the very same methods used in “breaking” a victim. Once a victim has undergone that trauma, the trafficker’s control has been established. Violence is not a secondary effect of trafficking. Violence is a strategic tool used consciously by traffickers to break a victim and then maintain control of her. Once she has been broken, sometimes the threat of violence alone is enough to keep her under the trafficker’s control. That threat can be made even if it is carried out on another victim who has tried to leave or resisted in any way. Other methods of control may not use direct violence or may not even be directed towards the victim herself but are just as strong. Many victims have reported staying with their trafficker because he said he knew where her family lived or that she would lose her kids if she left. In fact, some traffickers report purposely trying to impregnate their victims so that they will have additional leverage over them. In addition, the strategic manipulation of telling a victim “if she loved him, she would do this” or that “he loves her, and needs her to help them” are common tools used by a trafficker 32
that may not seem very strong to the outside observer, but in the victim’s situation are as binding as any physical chain. Remember that this information is helpful in order to understand the
dynamics of sex trafficking. Remember the focus should not be on what
the victim did or didn’t do to get into the situation or to leave the
situation (aka why didn’t she just leave?), but rather why is someone
allowed to sell her? And why is someone allowed to buy her?
Internal Notes: When presenters are talking with a group that is familiar with the
dynamics of domestic violence it might be relevant have a discussion
that makes some parallels to domestic violence victims trying to leave
their violent relationships. You can ask the group the question, “who
knows how many attempts it takes a battered woman on average
before she is able to leave her violent relationship?” Someone might
know the answer or you can tell them that on average it takes a
battered woman 7-8 attempts before she is able to leave. You can
explain that trafficking is similar in that it is very difficult to leave a
trafficking situation and it takes multiple attempts. This is made more
difficult given that adult victims who are trafficked may also be charged
with the crime of engaging in prostitution. Also, similar to domestic
violence, the process of leaving a trafficker can be extremely dangerous
and the victim is in the best position to understand her risks.
32
Proposed Script: The common sex trafficking images contribute to the
false distinction that trafficking must be forced and prostitution must be a
choice. They foster the related myth that if a victim isn’t tied up,
kidnapped, or a child, they must be choosing this life and could leave
anytime.
33
Proposed Script: In order to stop sex trafficking in Minnesota, we need to understand why it happens. Specifically, we need to understand the underlying factors that contribute to sex trafficking so that we can be more effective in addressing each of those factors with the end goal of preventing trafficking before it occurs. 34
Proposed Script: Trafficking is about people selling, buying, and otherwise exploiting other humans for labor or sex. It is about money. Sex trafficking exists because there are people willing to pay to have sex with girls, boys, women, and men. The traffickers serve the role in providing the buyers with that product. In the process, the traffickers reap a profit for each person they can sell. Without this demand there would be no profit in selling humans. And trafficking can be a very profitable business for the pimps and traffickers. Whereas a trafficker can sell a certain drug for a profit, they sell it once and it is used up. They can sell a girl, over and over and over again. Eventually, she too may be used up, but until then, the trafficker makes money. To give you an example of how profitable trafficking can be, the following figures come from one case in Ramsey County in which the trafficker had two girls who were required to bring in a daily quota of $500. Based on this daily quota from two victims: • The trafficker made $1,000 every night;
• In one month, the trafficker could make $30,000. These figures are just from one case involving two victims. The previously mentioned research on Mapping the Market, describes that trafficking often includes business models where the trafficker has multiple girls and networks 35
with other pimps or are part of a larger criminal enterprise. These models would bring in much more profit as they are able to sell more girls in one night and reach more buyers. (See the Mapping the Market, Martin & Pierce). It isn’t only the traffickers who profit in this process. Third parties profit as well and play a role in promoting sex trafficking. As discussed, websites like Backpage.com play a large role in contributing to sexual exploitation and trafficking and reap a huge profit in doing so. One source, (The AIM Group) identified that 5 websites reported $45 million in revenue for ads for escort and body‐rubs. This group identified that over 80% of that amount is for Backpage.com. Internal Notes: Background information about the AIM Group study ‐ This research was conducted by a firm specializing in interactive media and classified advertising and was not conducted for social science research purposes. These are estimates on five sites in 23 cities (including MN): Backpage, Eros, CityVibe, MyRedbook and AdultSearch. In their study, “revenue is estimated by multiplying the number of ads by the advertising rates in each city, plus an assumed additional charge to republish the ads four times. The research does not count ads published outside the primary cities, so revenue has been substantially underestimated.” The estimates are based on findings from June 2012 – May 2013. The article discussing this review can be found at: http://aimgroup.com/2013/04/22/monthly‐revenue‐from‐online‐
prostitution‐ads‐crosses‐5‐million/ 35
Proposed script: In our broader community, we see factors that not only influence an individual child’s vulnerability to sex trafficking, but also social factors that create a culture that tolerates or otherwise promotes sexual exploitation. These factors come from the ways music, movies, videogames and media objectify women, demean LGBTQ and racial identities, or glorify dominating and violent forms of masculinity. They’re also present in the ways we think and talk about gender and sex on a day‐to‐day basis. This should inform us that human trafficking is not an isolated problem for those directly involved with it—that is the victims, traffickers, and purchasers. Rather, human trafficking reflects and perpetuates the gender biases, discrimination, and violence that underlie all areas of society. We see it in how sex is talked about in high school locker rooms to the way gender is regarded on the job market.
A culture that supports human sex trafficking is a culture that also supports all forms of gendered violence, including sexual harassment and assault. It supports sexism, racism, homophobia, economic exploitation, and patriarchy. The effects of these negative social factors manifest themselves, physically, as substance abuse, poverty, and/or violence in a child’s growing environment. And of course, these environmental factors have a huge toll on a child as an individual, as they may observe or experience abuse, depression, 36
discrimination, trauma, all of which make them more vulnerable to run away from home. However, it is important to recognize these social factors as evidence of a culture that doesn’t just drive or force individuals into ‘prostitution’ but maintains a system in which traffickers and purchasers are able to be interested in, take advantage of, and get away with human exploitation. Internal Notes: This diagram was adapted from a handout contained in a training manual created by GEMS (Girls Educational & Mentoring Services) used in a local training from October 2014. Training Manual on the Commercial Sexual Exploitation of Children (CSEC), CCIP Training Institute, presented by Girls Educational & Mentoring Services, Handout 2.1 – Risk Factors for CSEC. 36
Proposed Script: This visual shows the major players involved in sex trafficking as well as some factors that contribute to sex trafficking. At each point of the triangle, you have the three major players usually identified in trafficking situations – the traffickers, the purchasers, and the victims. Forming and supporting the triangle that represents sex trafficking, you have the demand. However, in the middle you see the role that our society’s acceptance of certain forms of sexual exploitation as normal plays in supporting the overall process. For too long it has been acceptable or seen as inevitable, that a segment of our population will be available to be exploited for the sexual gratification of those who are willing to pay for it. We say it is ok as long as it is not our daughters, sisters, and cousins. We say it is ok as long as it is not young kids. But as long as we accept as inevitable that some humans can be bought and sold for sex, the demand will continue to be legitimized. Internal Notes: In reality the structure of trafficking operations are not as simplistic as a three pointed triangle. Trafficking operations can take many forms and models. However, this visual can help emphasize the role that normalized sexual exploitation plays in supporting the demand which, in turn, drives trafficking. 37
Proposed Script: This cultural acceptance of men’s entitlement to sex and women’s bodies impacts our response to sexual exploitation. This tolerance is reflected in our past response to prostitution – who do we hold responsible for sexual exploitation? The victims or the perpetrators who purchase them? This response is changing. We are learning more about the importance of challenging the demand if we want to stop trafficking. And we are learning more about who the purchasers are. Recent research has demonstrated that purchasers can be anyone and that, besides usually being adult men, they are of diverse socio‐economic backgrounds and racial groups. Internal Notes: See Mapping the Market, Martin & Pierce for findings on mapping the demand for trafficked minor girls in Minnesota. In that study, the average age of sex buyers in Minneapolis Police Department trafficking cases was 42. The average for victims and facilitators (traffickers) was 15 and 31 respectively. Whereas the facilitators and victims were clustered in geographic areas within Minneapolis with higher poverty rates, sex buyers were found to be more dispersed, “with a higher proportion of individuals from suburban and rural areas of the Metropolitan Region.” (p. 42). 38
Proposed Script: We have also learned the value in focusing efforts on primary prevention and early intervention. Primary prevention means taking steps to stop trafficking before it happens. It includes challenging the demand, but it also means addressing those risk factors before a trafficker can exploit them. Giving vulnerable individuals options before they are exploited. For example, we know that juveniles who runaway are vulnerable to being trafficked. We also know that runaways are often truant from school. Primary prevention and early intervention would involve identifying those children who are truant or have
runaway and trying to address those issues before the trafficker finds
them and can exploit those vulnerabilities.
This type of work is time and resource intensive on the front-end.
However, research explains that focusing on prevention and early
intervention can actually save us money in the long-run. “An early
intervention to avoid sex trafficking of Minnesota’s female youth passed a
benefit-cost test with a return on investment of $34 in benefit for every $1
of expenditure on prevention and intervention by the state government.”
Martin, L., Lotspeich, R., & Stark, L. (2012). Early Intervention to Avoid Sex Trading and Trafficking of MN’s Female Youth: A Benefit‐Cost Analysis. 39
This means that for every $1 spent on prevention and early intervention,
the state can save $34.
Internal Notes: For more information see full report: Martin, L., Lotspeich, R., & Stark, L. (2012). Early Intervention to Avoid Sex Trading and Trafficking of MN’s Female Youth: A Benefit‐Cost Analysis. Available at: http://www.uroc.umn.edu/documents/benefit_cost_study_executive_summa
ry_public_distribution.pdf 39
Proposed Script: So what is Minnesota’s Response to sex trafficking? Minnesota has shown itself to be a leader in its response to sex trafficking. From the way we define sex trafficking to our recently passed Minnesota Safe Harbor Law which changes the way we identify and respond to juvenile victims of prostitution. Internal Notes: For slides 40‐53, direct participants to the relevant handouts on Safe Harbors based on your audience. 40
Proposed Script: While we can’t capture all the work that has been done to address sex trafficking in Minnesota, this is a brief list of key events that lead to the creation of the M. Since the legal definition of sex trafficking was first passed, there have been ongoing changes in our laws and policies that represent a progressive approach to addressing sex trafficking in Minnesota. The Minnesota Human Trafficking Taskforce was created in 2006 through legislative mandate. While no longer mandated, it continues and is now facilitated by the Minnesota Department of Health. In 2008, The Advocates for Human Rights completed a report called the Sex Trafficking Needs Assessment for the State of Minnesota. That report examined Minnesota’s response to date and provided recommendations to strengthen our response. Those recommendations have guided much of the ongoing work, including the 2009 amendments to the sex trafficking statute increasing penalties for traffickers. Efforts to change the way we respond to juvenile victims began in 2010 and the original Minnesota Safe Harbor Law was passed in 2011. The purpose of the law was to ensure that minors who are trafficked are treated as victims who need services as opposed to criminals who should be prosecuted. The law was later amended to include all minors under 18. While it was clear when Safe Harbor first passed, that Minnesota was ready to change its old response to trafficked 41
minors, it was also clear that the state needed time to create a new response. As a result, the law was drafted to delay its effective date until August 1, 2014. This allowed time to create a new model response that was named The Minnesota No Wrong Door model. Internal Notes: Not every effort is included in this slide. It is meant mostly to show that the Safe Harbors, while the focus lately, is only one part of the larger anti‐trafficking efforts in Minnesota. People can find more information about the MN Human Trafficking Taskforce by visiting its website at: http://mnhttf.org/ 41
Proposed Script: Minnesota’s Safe Harbor Law is a statewide effort to provide shelter and services for Minnesota’s sexually exploited youth. The law recognizes juveniles who are commercial sexually exploited as victims and not
criminals. It directs them to services and away from criminal sanctions. Minnesota’s Safe Harbor Law resolves a conflict within the law that identified juvenile victims of commercial sexual exploitation, including trafficking, as both victims and children in need of services AND criminals engaging in prostitution. Victims who fear criminal prosecution or who are prosecuted will not trust the system that is trying to help them. It is harder to find such victims, provide them with services, and engage them in the prosecution of the trafficker and purchasers. In essence, the MN Safe Harbor Law resolved this conflict and explicitly stated that commercially sexually exploited youth who are under 18 years old can no longer be criminalized for engaging prostitution and, instead, should be referred to services. They can no longer be found guilty of their own sexual exploitation. While this conflict was resolved for juveniles, it still exists for adult victims of trafficking. 42
Internal Notes: Sometimes there is confusion as to what age is covered by the law and if there is a separate response for 16 and 17 year olds. This confusion is caused by the fact that when the MN Safe Harbor Law was first passed, it distinguished between youth 15 and under compared to 16 and 17 year olds. This distinction revealed an underlying belief that older juveniles were somehow more responsible in their own sexual exploitation and was a difficult compromise to get the overall law passed. Thankfully, that mistaken understanding was clarified and the law was amended in 2013 to include all juveniles under 18 as was initially intended by the drafters. As of 2013, there is no age distinction for juveniles under the age of 18. However, as mentioned the distinction still exists for anyone 18 or older. It should also be noted that not everyone in the criminal justice system treated victims like criminals prior to the Safe Harbor law. Many prosecutors were not prosecuting juvenile victims of trafficking for engaging in prostitution and some law enforcement officers who would find victims would try to find them services and avoid arresting them. Instead, the threat of delinquency charges was sometimes used as a tool to obtain cooperation in valuable cases against the trafficker and the goal of the arrest or victim detention would be to keep the victim away from her pimp. Officers said it was sometimes the only way to keep the victim safe. Even though it was not the overwhelming practice of many in the criminal justice system to treat these juveniles as criminals, it was still problematic that our State’s laws allowed for that to happen. Also, officers, prosecutors, and service providers alike, all said that there should be a different option and better tools available to help with prosecution of traffickers and protecting victims. So that was what Safe Harbor and the No Wrong Door Model wanted to create. 42
Proposed Script: In reality, the Safe Harbors Law did several things. The law was written so that some things went into effect right away in 2011 while other things were purposefully delayed into order to allow for the new responses to be created and not overwhelm the existing system. Of special note, the law:
• Included the definition of sexually exploited youth in Minnesota’s child protection statutes; (this was effective right away in 2011)
• Increased penalties against purchasers of adult victims. (this went into effect right away in 2011). While the penalties for purchasing a juvenile were already quite high, Minnesota had one of the lowest penalties for purchasing an adult for sex. While still a misdemeanor this increased the penalty and made it more difficult to waive. • The law excluded sexually exploited children from the definition of delinquent child: (this was effective August 2014)
• However it delayed the effective date for this decriminalization until August 2014 to allow time for the system’s response to adjust and be ready to send the juveniles somewhere if it couldn’t be detention. Drafters wanted to avoid overwhelming an already taxed system as well as leaving the criminal justice system with no tools to protect victims. 43
• Also, the law directed the Department of Public Safety to organize a Safe Harbor committee to develop this statewide response and create a victim‐
centered response for sexually exploited youth. Internal Notes: Presenter’s do not need to read each of the items on the list. Focus on the ones of interest but be sure to end with the last bullet0 point ‐
“Also, the law directed the Department of Public Safety to organize a Safe Harbor committee to develop this statewide response and create a victim‐
centered response for sexually exploited youth” which ties directly into the next slide presenting the No Wrong Door model. 43
Proposed Script: This victim‐centered coordinated response resulted in the creation of the No Wrong Door model which “ensures that victims of juvenile sexual exploitation are identified, receive effective victim‐centered and trauma‐
informed services and are housed safely.” 44
Proposed Script: The Safe Harbor law and No Wrong Door model were based on a set of underlying values and philosophies. These values helped create the Wrong Door model and guides subsequent implementation efforts. As we move forward in our work to fight sex trafficking and respond to the needs of victim/survivors, we should remember these values and make sure they continue to be reflected in the policies, protocols, and practices we develop. The Underlying Values and Philosophy of Safe Harbor and the No Wrong Door model are: • Those who come in contact with youth should be trained to identify sexual exploitation.
• Youth who are sexually exploited are victims of a crime. • Victims should not feel afraid, isolated or trapped.
• Sexual exploitation is traumatic. Victim centered services should be based in trauma‐informed care.
Go to Next Slide for continued list: • Services should be responsive to needs of youth (gender‐responsive, culturally competent, age appropriate, supportive for LGBTQ youth).
• Services should be offered statewide.
45
•
•
•
Youth have the right to privacy and self‐determination.
Services should be based in positive youth development.
Sexual exploitation can be prevented.
45
Proposed Script: The values continue for the previous slide and include the beliefs that: • Services should be responsive to needs of youth (gender‐responsive, culturally competent, age appropriate, supportive for LGBTQ youth).
• Services should be offered statewide.
• Youth have the right to privacy and self‐determination.
• Services should be based in positive youth development.
• Sexual exploitation can be prevented.
Again, we can all monitor our efforts by comparing our protocols and practices with these underlying values. 46
Proposed Script: The task of implementing Safe Harbors Law in Minnesota is multi‐faceted: • An implementation strategy has been created through the development of a Statewide Safe Harbor Director and Regional Navigators; • Vital to implementation, is training for professionals who encounter commercially sexually exploited youth on how to identify them and how to respond. Training and education efforts include: • Ensuring that law enforcement and prosecutors achieve extensive training on these issues.
• Developing a statewide model protocol for system professionals on identifying and intervening with sexually exploited and trafficked youth. • Creating partnerships to ensure that other stakeholders in addition to law enforcement and prosecutors receive training.
• Housing and services has been identified as key needs to develop and fund
47
Proposed Script: The truth is trafficked youth need extensive services, which is why prevention is so important. Victims need: emotional and financial support; legal assistance; safe housing; a high school diploma or GED; identity documents; job training; resume and job search help; medical and dental services; transportation; safety planning; clothing; food; child‐care and help with the needs of their children; among many other things. The goal of Safe Harbor is to build off existing resources and services. We don’t want to take resources from other existing programs and we don’t want to reinvent the wheel. Many trafficking victims need similar services as domestic violence survivors but they also need some specialized services too. So the housing and services can build of the expertise that already exists in our communities. 48
Proposed Script: The Department of Human Services funds several organizations to provide emergency, transitional and permanent housing for sexually exploited youth. These organizations work with the Regional Navigators and other community partners to safely house sexually exploited youth and address their unique housing needs. Shelter and housing are designed with:
•
•
•
•
On‐site supportive services
Appropriate security
Assistance from survivors of sex trafficking
Collaboration with law enforcement and juvenile justice systems.
The following agencies are hosting shelter and housing for sexually exploited youth:
Internal Notes: Grantees (October 2015)
THE LINK ‐ Minneapolis
952‐288‐2688 thelinkmn.org Passageways has 6 emergency shelter beds (up to 90 days) for ages 13‐17 and 5 transitional housing units (longer term stay) ages 16‐24 for females, males, and transgender youth. The housing units can also serve parenting youth with one child.
49
180 DEGREES ‐ St. Paul
651‐332‐5539 180degrees.org/brittanys‐place.php
Brittany’s Place has 14 shelter (up to 90 days) and residential (long‐term stay) beds for females ages 10‐17. TUBMAN ‐ Maplewood
612‐825‐3333 tubman.org Tubman will open transitional housing (long‐term stay) and services to 16‐17 yr olds and their children (if parenting) in March of 2016. Early 2015, Breaking Free had to limit the additional transitional beds due to funding limitations. It is important to know that the grants these agencies received may not cover all of the cost of providing these additional spaces. More support is needed to sustain these excellent housing and service providers.
LIFE HOUSE ‐ Duluth
218‐722‐7431 lifehouseduluth.org
Life House coordinates two emergency shelter beds (up to 90 days) for females, males, and transgender ages 11‐17. Life House also operates Sol House, a 5‐bedroom transitional housing option (longer‐terms stay) for 16‐17 yr olds. LUTHERAN SOCIAL SERVICES ‐ Brainerd
218‐828‐4383 lssmn.org Saving Grace is a specialized foster care program for youth and children under the age of 18. HEARTLAND GIRLS RANCH ‐ Benson
320‐843‐4815 heartlandgirlsranch.org Heartland Girl’s Ranch has 8 transitional (longer term stay) beds for females ages 12‐
17. 49
Proposed Script: Safe Harbor supportive services grantees provide victim‐
centered services specifically designed to heal the trauma experienced by Minnesota’s sexually exploited youth. These organizations offer services in a variety of ways, depending on culture, gender and the needs of the region, ensuring that services are easily accessed by youth.
Internal Notes: Grantees (October 2015)
CORNERSTONE ‐ Bloomington
952‐884‐0330
Provides advocacy and prevention support services for sexually exploited youth or youth at risk for sexual exploitation as well as support a school‐based prevention curriculum. THE FAMILY PARTNERSHIP ‐ Minneapolis
612‐728‐2062 or 1‐888‐774‐3399
Provides case management and after care services for sexually exploited youth, including services specifically for boys 17 and under and West African girls.
MN INDIAN WOMEN’S RESOURCE CENTER ‐ Minneapolis
612‐728‐2000
Provides culturally appropriate prevention and support services for American Indian girls who have survived or are highly vulnerable to commercial sexual exploitation. THE LINK – Prior Lake
50
952‐288‐2688 Provides mental health services and aftercare and relapse support. HMONG AMERICAN PARTNERSHIP ‐ St. Paul
651‐495‐9160
Provides culturally specific case‐management and programming to Southeast Asian sexually exploited youth. MIDWEST CHILDREN’S RESOURCE CENTER ‐ St. Paul
651‐220‐6750
Provide comprehensive healthcare, mental health and chemical dependency support to sexually exploited youth. NORTH HOMES CHILDREN & FAMILY SERVICES ‐ Grand Rapids 1‐888‐430‐3055
Provides specifically trained mental health practitioners for sexually exploited youth.
PROGRAM FOR AID TO VICTIMS OF SEXUAL ASSAULT ‐ Duluth 218‐726‐1931 In partnership with Life House and Lutheran Social Services, PAVSA provides advocacy, civil legal services, education and employment support, health care, mental health and chemical dependency, and aftercare and relapse support. CENTRAL MN SEXUAL ASSAULT CENTER ‐ St. Cloud
320‐251‐4357 or 1‐800‐237‐5090
Provides 24‐hour advocacy for sexually‐exploited youth and adults, one‐on‐one support counseling, psycho‐educational and support groups, outreach, safety planning, education, and training. SOMEPLACE SAFE ‐ Fergus Falls 218‐770‐4256 or 1‐800‐974‐3359 Provides regional advocacy to sexually exploited youth and connect youth with additional resources and support. WILLMAR LUTHERAN SOCIAL SERVICES OF MN ‐ Willmar 320‐231‐7075
Provides mobile case management services to connect sexually exploited youth to resources and support.
DODGE, FILLMORE, AND OLMSTED COUNTY VICTIM SERVICES ‐ Rochester
507 328‐7270 Provides advocacy, group curriculums, and connects sexually exploited youth with comprehensive health services.
MID‐MINNESOTA LEGAL AID 612‐746‐3623 mylegalaid.org/get‐help
Provides free civil legal services to sexually exploited youth as well as training to Regional Navigators on identifying legal issues. Day One Hotline: 1‐866‐223‐1111
Provides services to all victims of domestic violence, sexual assault, or sexual trafficking.
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Proposed Script: The implementation strategy for Safe Harbor involved the creation of a statewide Safe Harbor director position to oversee and coordinate the overall implementation. The State was divided into 7 regions and 8 Regional Navigators were identified, one for each region and one for the American Indian community. In October 2015 this was expanded to 8 regions and 10 Regional Navigators. (see map on next slide)
The Statewide Safe Harbor Director is responsible for training and communication, policy development, identification of best practices, evaluation, securing federal victim services funding, and managing grant program and data sharing protocols for Regional Navigators.
The Regional Navigators are based in 10 organizations throughout the state. They are intended to be the main points of contact for sexually exploited youth and concerned agencies throughout Minnesota. Navigators connect youth with services and serve as regional experts for communities. 51
Proposed Script: Here you can see the specific division of the state and the identified Regional Navigators. Internal Notes: Presenters should note that these Regional Navigators might change in the future. Be sure to adjust the presentation as needed. 52
Proposed Script: The Regional Navigators serve to centralized coordinated efforts in each region for training, connecting youth with direct services, and supporting the development of their communities response to sex trafficking. Internal Notes: Review the slide based on the level of detail needed for the audience. Training and Education:
• Identifying Sexually Exploited Youth
• Overview of Safe Harbors / No Wrong Door model
• Dynamics of sexual exploitation/ trafficking
Direct Services to Sexually Exploited Youth
• Eligibility screening
• Complete victim intake and needs assessment
• Make referrals
• Help youth navigate services
Additional Services
• Coordinate services for sex‐trafficked youth in their community 53
• Initial case management and comprehensive service plan development\
Systems Coordination
• Act as regional expert
• Serve as resource to community • Help ensure adequate services are available Outreach
• Provide information to general public about juvenile sex trafficking
• Go out and talk to youth and hand out resources
Capacity Building
• Resource for professionals
• Engage community stakeholder in primary prevention
• Training/presentation
• Regional Conference 53
Proposed Script: As you build the response to sex trafficking in your region or discipline, we encourage you to connect with the Regional Navigators. While a response is necessary, we must remember that intervening in trafficking situations can be dangerous to the victims. Therefore, whether you are professional who encounters victim/survivors through your work or a community member who sees signs of potential trafficking in the community, connect with your Regional Navigator. They can help you create an appropriate victim‐centered response and connect you with experts. 54
Internal Notes: Presenters can facilitate the discussion and answer questions to the best of their ability. You may also direct participants to the following sources of additional information:
• The Regional Navigator for that location • See handouts for contact information or visit MHD website at: http://www.health.state.mn.us/injury/topic/safeharbor/ • The Statewide Safe Harbor Director • See handouts for contact information or visit MHD website at: http://www.health.state.mn.us/injury/topic/safeharbor/ • The Minnesota Human Trafficking Taskforce ‐http://mnhttf.org/
• The Advocates for Human Rights – www.theadvocatesforhumanrights.org
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