Putting the Emphasis on “Human” in Trafficking Cases

 

For anyone who has been assigned to work a human trafficking case, who thought they have possibly encountered a human trafficking victim, who felt something was “off” during a traffic stop or during surveillance on a house with people or cars coming and going, who encountered someone under the influence of a substance, who left a human trafficking operation at the end of a long night, or who stepped away shaking their heads with a feeling that something was wrong, this feeling should be heeded. They felt something was off—they knew something was off—and yet they often had no idea how to “fix” it or even how to take the first step in offering assistance to a human trafficking victim.

Human trafficking is the use of force, fraud, or coercion to compel a person into commercial sex acts or labor against their will. While no definitive statistics are available on the prevalence of this crime in the United States, data from the National Human Trafficking Hotline 2021 included 16,554 potential victims of trafficking—and these represent only the reported cases; the true prevalence is likely much higher in any given year.1

Human trafficking victims are female, male, transgender, and all ages, and human trafficking comes in many forms outside of domestic sex trafficking. Data from the National Human Trafficking Hotline indicates 76 percent of cases reported involved sex trafficking, 78 percent of individuals reported to the National Hotline for sex trafficking in 2021 were female, and 65 percent of all individuals reported to the National Hotline for trafficking were female.2 However, these percentages may not be representative of the victim population, since they reflect only what is actively being reported.

What Does Vulnerability Look Like in Human Trafficking?

The power of honoring the human connection between law enforcement and trafficking victims is critical to success. Approaching and working these cases in a method that includes sharp tact, using one’s intuition, and tapping into the power of compassion makes an important impact. Law enforcement personnel are balancing a multitude of responsibilities, deadlines, and expectations; however, taking a moment to connect with victims intentionally, on a human-to-human level, will lead to a more positive investigative outcome. Also, victims have already endured significant trauma; law enforcement should be the first lifeline to safety and compassion once victims are recovered.

Approaching victims with compassion is important because human trafficking can affect anyone. It does not discriminate based on gender, ethnicity, or socioeconomic status. However, there is one common thread among human trafficking victims: vulnerability. Some people are more vulnerable than others due to a variety of factors, such as abuse or neglect, system involvement (e.g., child protection, juvenile justice), homelessness or running away, LGBTQ identity, intellectual or developmental disability, truancy, unmonitored or risky internet and social media use (e.g., child sexual abuse material [CSAM], sextortion), behavioral or mental health concerns, substance use, unaccompanied migration status, unstable housing situations, poverty oral history of trauma or addiction.3

However, even considering all these vulnerabilities, if the victim is a minor, no force, fraud, or coercion is necessary to prove trafficking. Any youth under the age of 18 who is involved in a commercial sex act is a victim of trafficking. Minors are preyed upon due to any number of vulnerabilities, groomed to engage and possibly stay in that life, or threatened with harm or worse if they do not continue to either produce CSAM or engage in sexual acts. The average age of child sex trafficking victims is 15, according to information reported to the National Center for Missing and Exploited Children.4

Traffickers are experts at discovering a victim’s vulnerabilities to manipulate reality and leverage fears through a process called “grooming.” Grooming allows a trafficker to gain full control over a victim. Contrary to popular misconceptions, sex trafficking rarely begins with kidnapping by a stranger. Instead, sex traffickers groom their victims by using perceived love—romantic love, friendship, and familial love—to manipulate them into cooperating in their own exploitation. According to 2020 data, 42 percent of trafficking victims were brought into trafficking by a member of their own families and 39 percent were recruited via an intimate partner or a marriage proposition. Recruitment tactics can also include coercion (threats), false promises or fraud, or a job offer or advertisement.5

With all of this in mind, when working with survivors, law enforcement must always consider the trauma already endured and recognize that that trauma has probably not been addressed, let alone healed. To take it one step further, think about adult survivors of trafficking. Imagine they have childhood trauma, on top of their current trauma and any number of vulnerabilities such as addiction and homelessness. If that childhood trauma has not been healed, survivors see and experience everything through their unhealed trauma. They are often not able to trust anyone; they are always operating on a fight/flight/freeze mode; they may not always remember things quickly or at all; and when interviewed, they may react with trauma responses.6 These trauma responses can include changing their stories slightly, adding another piece to the case puzzle, being hesitant to dive into the details of their assault or fearful of naming their trafficker due to threats, and so forth. Because traffickers work to exploit these vulnerabilities in order to recruit victims, investigators and victim services professionals also need to understand these vulnerabilities in order to best assist victims.

Bonnie Martin, a licensed professional counselor at SERVE Survivors, noted,

There’s a huge gap between experts in the neurobiology of trauma and the people who actually work on the ground with survivors. Understanding the science of trauma is important for police. When an officer goes on a call or they’re interviewing someone, they are engaging with somebody whose brain in that particular moment of stress is not able to optimally process what is happening. If you’re not trained in the neurobiology of trauma, you won’t understand that you’re dealing with a victim who has behaviors and emotions that are being mis-assigned and misunderstood. In those situations, it’s easy for a service provider or police officer to experience frustration, because they can’t seem to get through to the person.7

You Think You Have a Case—Now What?

Human trafficking cases are unlike cases involving any other criminal violations. One element that makes these cases unique is the challenge of victim identification since human trafficking can masquerade as so many other crimes and victims so rarely self-identify as victims of human trafficking. The second challenge is balancing law enforcement’s job of investigating and eliminating the threat while honoring each victim with “a survivor-centered approach” by working with victims in whatever mental and physical state they are in.

When meeting a victim, it is important to consider how the victim is viewed and what approach to take when working with them. Trafficking victims often see themselves as active survivors versus people who had something happen to them (“passive” victims), and they rarely self-identify as victims. This should inform how law enforcement engages survivors during the investigative process. Rather than approaching victims from a place of helplessness, law enforcement should start from a place of empowerment. Considering these survivors have lived through and, at times, thrived in unthinkable environments and situations, validating victims when meeting with them and listening to them leads to a “work with” mentality instead of an adversarial model. This approach is known as meeting a victim/survivor “where they are.”

Being truly present with a survivor in this approach is not calling upon law enforcement to become therapists or social workers; rather, it is taking note of the privilege and power law enforcement has when meeting a trafficking victim and the importance of treating survivors in a victim-centered and trauma-informed manner. The Attorney General Guidelines for Victim and Witness Assistance have outlined components to this approach: providing nonjudgmental assistance to victims; helping victims to make informed choices; striving to restore victims’ sense of safety and security; and seeking to empower a victim’s feelings of safety, choice, and control. All of these can be accomplished simply by changing the way one interacts with victims during the investigative process.8

Case Example

A girl suffered sexual abuse at a young age, moved around a lot with her mom, was in and out of school, felt disconnected on all levels, and met an older man when she was 19. This older man became her boyfriend, introduced her to drugs, began grooming her, and continued to do so for a few years. Eventually, he forced her to go on sex dates for money, and she in turn gave the money to him for drugs. She then became so dependent on the drugs that she needed them to function, and if she did not go on the dates, she would not get the drugs. Eventually, she was recovered and hospitalized. When meeting with her in the hospital, law enforcement had to consider that she may or may not have wanted treatment, may or may not have seen herself as a victim, and may or may not have wanted to incriminate her boyfriend. This was the moment where law enforcement needed to meet the victim where she was—working with her in a trauma-informed manner, with a survivor-centered focus, and providing her with options for support and more information on the next steps in the investigation. That moment in any investigation is law enforcement’s chance to make a lasting first impression—one of trustworthiness and one that shows the victim she will be treated like a human who can make her own choices, regardless of what has happened to her.

Additionally, victims of trafficking are often criminalized, judged, or not believed. Much of this is due to stigma around both the crime as well as the vulnerabilities that led to victimization. If investigators are aware of these vulnerabilities, such as drug use, they can start by assuming this person needs assistance rather than dismissing someone as unreliable. The new narrative around human trafficking and its victims starts with this compassion.

“Law enforcement should be the first lifeline to safety and compassion once victims are recovered.”

Law enforcement’s job is not to “rescue” or “save” those who were trafficked; that mindset further takes the power away from an individual who has already been through so much. Law enforcement’s job is to recover survivors and ensure they are assisted throughout the investigation. Most state and local agencies do not have dedicated victim assistance programs—in fact, only about 13 percent do—so it is critical that every interaction with a victim is intentional and compassionate.9 The recovery of a victim is not the most difficult part; the hard part is the healing and restoration of a survivor and of potentially seeing that survivor victimized again. In these situations, remember that when law enforcement truly connects with a survivor, it will leave a lasting and trusting impression.

The Beauty of Working Together

When a trauma-informed lens is used, this not only impacts victims, but also leads to better investigative outcomes. Jane Anderson, an attorney advisor with Aequitas, noted

I want to change the language on lack of victim cooperation. We have to understand that their inability to participate is usually not because of them being uncooperative or not wanting to help. It’s the trauma that has been inflicted upon them by the offenders that is making them unable to participate.10

This is why trauma-informed training and interview courses from victim assistance professionals are invaluable. Law enforcement agencies can contact local human trafficking organizations to partner on conferences, trainings, and other avenues to hear from those who have lived through this crime. In addition, there are many human trafficking survivors who lead organizations or work as consultants. For example, the human trafficking organization Sacred Beginnings in Grand Rapids, Michigan, is led by trafficking survivor Leslie King, who conducts trainings for law enforcement to better understand the impact of these crimes on victims.11 Similar survivor-led programs are growing across the United States and beyond.

At the FBI, victim specialists assist in bridging that gap between victims and investigators. Detroit, Michigan, Supervisory Special Agent Vince Ruiz noted the benefits of working with a victim specialist, specifically mentioning a case involving juvenile victims:

Both [victims] were reluctant to talk with law enforcement. Some would say these juvenile victims were downright combative. Over time and after numerous conversations with [our victim specialist], both girls have provided excellent statements to our investigators resulting in indictments of their sex traffickers. I am convinced these indictments would not have occurred without [our victim specialist]’s efforts.12

Additionally, the FBI has child/adolescent forensic interviewers (CAFIs), who are specially trained to conduct interviews of minors, and sometimes adults in special circumstances, in a way that takes the victim’s development, potential trauma, and mental health into account, while ensuring the victim is not further traumatized. Understanding that not every agency will have access to this type of resource underscores the need to coordinate with local human trafficking organizations to ensure the best resources are available for victims where they reside.

The FBI also utilizes a multidisciplinary team  (MDT) approach, which is important in coordinating victim services with investigators within the FBI and outside, as well as U.S. attorney’s offices and other partners. It is critical for the victim specialist or advocate to have a network of already-established resources and continue to build that toolbox as the needs of survivors vary. Consistent needs include assistance with housing, food, clothes, transportation to and from interviews, medical care, counseling, and legal matters. Once the foundational needs are addressed, then the victim specialist or advocate can coordinate a CAFI interview and provide counseling and therapy referrals, as well as long-term service referrals such as legal assistance and resources for identification documents, education, and job training.

An MDT approach often proves to be successful if two things are kept in mind. First, it’s key to always include victim assistance at the beginning of an investigation. This means introducing the advocate or victim specialist to the victim early on—or, if the agency does not have this resource, applying for a grant for victim services or contacting local nongovernmental organizations that have advocates dedicated to police stations. Second, always include the entire MDT for the duration of the investigation and beyond to take the burden off investigators to play every role. If an agency does not have an MDT team set up, there is no time like the present to set one up. Start by getting to know community collaborators, attend meetings, set up workshops in the community, and participate in other efforts to find the right local team members. This will help alleviate the need to balance time spent on the investigation and victim services— in the end, everyone benefits.

The Director of Victim Services for the Human Trafficking Institute, Marie Martinez Israelite, noted,

When you give primacy to the needs of survivors as they identify their needs, and you prioritize their safety and security, that helps to reduce the chances of revictimization in the course of the criminal justice process. It also pays dividends in yielding more successful outcomes in the investigation and prosecution. The needs of the justice system and the needs of the victim are not mutually exclusive.13

Revictimization occurs in the lives of trafficking victims who obtain criminal convictions due to forced criminality because these individuals experience victimization twice; traffickers initially victimize these individuals by using their bodies through forced sexualized acts or labor for profit, then society victimizes these individuals again through criminal convictions and the ramifications of those criminal convictions later in life.14 Law enforcement has the opportunity to make a difference by treating victims with compassion from day one.

This compassion can be as simple as offering a recovered victim a cup of coffee and snack during the first meeting—any small gesture that makes a human connection can open a door to trust, and the rapport will be built much more easily because a safer space has been cultivated so the real work can begin. That first step is not always the easiest nor the most accepted; however, the real magic begins when one is willing to step outside of their comfort zone. 🛡

Notes:

1Polaris Project, Polaris Analysis of 2021 Data from the National Human Trafficking Hotline (Polaris, 2022).

2Polaris Project, Polaris Analysis of 2021 Data from the National Human Trafficking Hotline.

3Office on Trafficking in Persons, “What Is Human Trafficking?” Administration for Children & Families, U.S. Department of Health and Human Resources, December 24, 2020.

4National Center for Missing and Exploited Children, “The Issues: Child Sex Trafficking.”

5Polaris Project, Polaris Analysis of 2021 Data from the National Human Trafficking Hotline.

6Karen Bota, “Expert on Trauma and Memory Speaks to First Responders, Others,” Ionia Sentinel-Standard, September 22, 2014.

7Marie Martinez Israelite, How Local Police Can Combat the Global Problem of Human Trafficking: Collaboration, Training, Support for Victims, and Technology Are Keys to Success (Washington, DC: Police Executive Research Forum, 2022).

8Office for Victims of Crime, Attorney General Guidelines for Victim and Witness Assistance, 2022 ed. (Washington, DC: U.S. Department of Justice, 2022).

9Department of Justice, Law Enforcement Management and Administrative Statistics (LEMAS) 2013 (Ann Arbor, MI: Inter-university Consortium for Political and Social Research, 2015).

10Martinez Israelite, How Local Police Can Combat the Global Problem of Human Trafficking.

11Sacred Beginnings, “Outreach & Recovery,” 2022. https://www.sbtp.org/outreach.

12Vince Ruiz (Supervisory Special Agent, FBI), email to author, May 7, 2021.

13Martinez Israelite, How Local Police Can Combat the Global Problem of Human Trafficking.

14United Nations Office on Drugs and Crime, Female Victims of Trafficking for Sexual Exploitation as Defendants (October 2020).


Please cite as

Melissa Madonna Novock, “Putting the Emphasis on ‘Human’ in Trafficking Cases,”  Police Chief Online, August 23, 2023.