Human Trafficking Prevention Training for Florida Nurses and Other Healthcare Professionals

CONTACT HOURS: 2

BY: 

Sheree L. Goldman, DNP, MSN, RN, WHNP

LEARNING OUTCOME AND OBJECTIVES:  Upon completion of this course, you will have the current, evidence-based information and tools necessary to accurately recognize and intervene in suspected instances of human trafficking. Specific learning objectives to address potential knowledge gaps include:

  • Describe the different types of human trafficking.
  • Recognize factors that place persons at risk for human trafficking victimization.
  • Articulate the extent to which human trafficking occurs.
  • Describe assessment tools for and indicators of human trafficking.
  • Discuss the importance of using a trauma-informed approach when screening victims of human trafficking.
  • Explain procedures for sharing information with patients related to human trafficking.
  • Describe referral options for legal and social services that can assist victims of human trafficking.
  • Identify the use of hotlines and other mechanisms for reporting suspected human trafficking in Florida.

TABLE OF CONTENTS

  • What Is Human Trafficking?
  • Extent of Human Trafficking
  • Assessment and Indicators of Human Trafficking in Clinical Settings
  • Trauma-Informed Care
  • Sharing Information with Patients
  • Reporting Human Trafficking in Florida
  • Conclusion
  • Resources
  • References

WHAT IS HUMAN TRAFFICKING?


Human trafficking is a crime involving the exploitation of someone through the use of force, fraud, or coercion for the purposes of compelled labor or a commercial sex act. Human trafficking affects individuals across the world, including in Florida. It affects people of all ages, genders, ethnicities, and socioeconomic backgrounds. Human trafficking robs individuals of their basic human rights and can occur across and within state and international borders.

Human trafficking steals freedom for profit. It is a multibillion-dollar criminal industry that victimizes an estimated 29.9 million people around the world. This crime occurs everywhere, and victims may be found in such industries as healthcare, childcare, agriculture, nail salons, trucking, and hotels/motels. All trafficking victims have a common experience: the loss of freedom (Polaris, 2020a).

Since the Thirteenth Amendment to the Constitution was ratified in 1865, involuntary servitude and slavery—such as human trafficking—have been prohibited in the United States (Interactive Constitution, 2020).

The Trafficking Victims Protection Act (TVPA) was first passed in 2000 and has since been amended and reauthorized many times by Congress. The TVPA provides the infrastructure for the federal response to human trafficking. A multi-agency approach is founded on a framework that focuses on the “3 Ps”: prevention, protection, and prosecution. Federal agencies such as the U.S. Department of Homeland Security and the Federal Bureau of Investigation investigate human trafficking cases. The Justice Department prosecutes federal cases and funds the formation of state and local human trafficking task forces. The Department of Health and Human Services is involved in community education and awareness efforts, prevention, and funding the National Human Trafficking Hotline (Polaris, 2020b).

Healthcare workers are in a unique position to aid in prevention and protection of human trafficking victims. Education of healthcare professionals about human trafficking allows them to identify victims of human trafficking and intervene effectively. Human trafficking is associated with complex physical and psychological health consequences that include communicable diseases, substance dependency, and mental illness. A history of abuse, neglect, and exploitation can influence the experience of the victim of trafficking. Healthcare providers must learn to recognize potentially trafficked persons, consider their wishes and vulnerabilities along with their healthcare needs, and be cognizant of pertinent resources that may be offered (Macias-Konstantopoulos, 2017).

Types of Human Trafficking

There are different types of human trafficking, also known as trafficking in persons. Human trafficking may predominantly involve commercial sex, it may be specific to labor, or it may include both sex and labor. Human trafficking can be domestic or international and does not require crossing international or state borders.

SEX TRAFFICKING

Sex trafficking encompasses many sex crimes. The victims may be adults or children of any gender and may be domestic or foreign residents.

According to the TVPA, sex trafficking is the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purposes of a commercial sex act, in which the commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age. Under federal law, any minor under the age of 18 who is involved in commercial sex is considered to be a trafficking victim.

Force, fraud, or coercion are key elements used to identify trafficking, but they do not need to be present if the trafficking victim is under the age of 18. However, the use of force, fraud, or coercion on adults is what distinguishes sex trafficking from consensual commercial sex.

LABOR TRAFFICKING

According to U.S. federal law (22 USC § 7102), labor trafficking is the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purposes of subjection to involuntary servitude, peonage, debt bondage, or slavery. As with sex trafficking, force, fraud, or coercion do not need to exist if the labor trafficking victim is under the age of 18.

Labor trafficking victims include adults and children of all genders. Labor trafficking is often achieved through the control mechanism of debt bondage. Traffickers offer persons outside the United States promises of legitimate jobs in exchange for a legal visa and travel expenses to this country. Once they have arrived, the victims of this scheme may be charged exorbitant fees for food, rent, and material needs and are unable to repay the debt, remaining under the control of the trafficker (Polaris, 2016).

TRAFFICKING OF MINORS

Florida criminalizes sex trafficking of minors (those under the age of 18), and state law does not require proof of force, fraud, or coercion, as with trafficking in adults. Florida criminalizes human trafficking as a first-degree felony for both adult and minor victims. If convicted of commercial sex trafficking of “any child under the age of 18, or any person who is mentally incapacitated or defective,” the perpetrator may face a life sentence per Florida’s statute 787.06 (Online Sunshine, 2020).

The Action-Means-Purpose (AMP) model is one tool that can be used to assess whether a situation meets the federal definition of human trafficking. It asks whether a perpetrator has implemented any of the actions and used any of the means for the purposes of making the victim perform commercial sex acts, services, or labor. The presence of at least one item from each category determines possible human trafficking.

AMP MODEL
Action Means Purpose
(Polaris Project, 2020)
  • Induces
  • Recruits
  • Harbors
  • Transports
  • Provides or obtains
  • Force
  • Fraud
  • Coercion
  • Commercial sex
  • Services
  • Labor

SMUGGLING

The crime of human smuggling is different from human trafficking, but it is frequently confused with human trafficking, and the two crimes are sometimes related. Unlike trafficking, the definition of smuggling includes transportation across international borders. Smuggling usually involves the consent of a person who is being transported. People who are smuggled generally pay to be transported across a border, but once they have arrived at their destination, they may become victims of trafficking (U.S. DOS, 2017a).

Smuggling is addressed in the Immigration and Nationality Act, Title 8, Section 1324 (a)(1), which provides criminal penalties for acts or attempts to bring unauthorized aliens to or into the United States, transport them within the United States, harbor unlawful aliens, encourage entry of illegal aliens, or conspire to commit these violations, knowingly or in reckless disregard of alien’s legal status (U.S. CIS, n.d.).

Risk Factors for Human Trafficking

Factors that are associated with increased risk for victimization may be viewed using a public health approach according to the socioecological model. This model describes individual, relationship, community, and societal factors that may result in vulnerability to human trafficking (Greenbaum, 2020).

Individual vulnerability factors include:

  • History of exposure to homelessness
  • Running away from home
  • Physical, sexual, or other types of abuse
  • Involvement with Child Protective Services, the juvenile justice system, or foster care
  • Identification as lesbian, gay, bisexual, transgender, queer, or questioning (LGBTQ+)
  • Being marginalized
  • Immigration status as an unaccompanied minor

Relationship vulnerability factors include but are not limited to:

  • Poverty
  • Unemployment
  • Family violence
  • Loss or abandonment
  • Peer or family exploitation

Community vulnerability factors are seen in areas where residents are involved in mass migration, corruption prevails, and exploitation is tolerated. Persons who live in a community that is exposed to violence and natural disasters are also vulnerable to human trafficking.

Societal vulnerability factors are seen in groups that subscribe to cultural beliefs that support marginalization and inequality in matters of race, gender, and the rights of children. Individuals in societies that are without human trafficking laws or do not hold exploiters accountable are also at risk (Greenbaum, 2020).