Human Trafficking
Victim Recognition and Intervention for Healthcare Professionals
CONTACT HOURS: 3
Copyright © 2021 Wild Iris Medical Education, Inc. All Rights Reserved.
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.
- Identify the mechanisms for reporting suspected human trafficking.
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
- 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. 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.
SAFE HARBOR LAWS AND SEX TRAFFICKING OF MINORS
A minor is defined as being under the age of 18 years, but the age for consent for lawful intercourse in some states is as low as 16, and the majority of states still criminalize child prostitution. Therefore, some youth between the ages of 16 and 18 remain vulnerable to arrest for prostitution even though the TVPA defines the commercial sexual activity of minors as victimization as opposed to criminal behavior regardless of whether the child’s activity appears to be voluntary (Finklea et al., 2015).
The arrest and criminalization of trafficked youth for commercial sexual activity typically compounds their trauma. Placement in the juvenile justice system also exposes trafficking victims to other youth detained for criminal acts.
To address this issue, a few states have passed “Safe Harbor” laws in order to ensure that minors are not criminalized for prostitution and so that they will receive services for sexually exploited you. However, many states do not have such laws protecting minors from arrest (Human Trafficking Search, 2020).
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).
DEFINITIONS
The following definitions can be found in federal laws:
- Coercion
- Threats of serious harm to or physical restraint against a person; any scheme, plan, or pattern intended to cause a person to believe that a failure to perform an act would result in serious harm to or physical restraint against any person; or the abuse or threatened abuse of the legal process
- Commercial sex act
- Any sex act on account of which anything of value is given to or received by any person
- Debt bondage
- The status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined
- Force
- Physical restraint or harm, sexual assault, battery, or control by confinement or monitoring
- Fraud
- False promises and hopes given to the victim; deceptions concerning employment, wages, the type of job that is offered, love, marriage, or a better life
- Involuntary servitude
- A condition of servitude induced by means of any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or physical restraint; or the abuse or threatened abuse of the legal process
(22 USC § 7102; U.S. DHHS, 2017)
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.
Action | Means | Purpose |
---|---|---|
(Polaris Project, 2020) | ||
|
|
|
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.).
Human Trafficking Venues
Labor trafficking occurs most often in the agriculture and hospitality industries, landscaping, and traveling sales. The exploiters frequently target immigrants and economically marginalized persons. As one example, young victims may be recruited to participate in “begging rings,” which are organized groups that sell trinkets and magazines and are only paid enough money to barely cover their food and personal items (Polaris, 2016; NHTH, n.d.-c).
Sex trafficking venues are often related to commercial sex, which may occur in:
- Brothels
- On the street or in outdoor areas such as truck stops
- Hotels or casinos
- Escort services
- Massage parlors
Sex trafficking may also occur in venues related to pornography, sex tourism, exotic dancing, stripping, and “mail-order” brides (U.S. DHHS, 2018).
Venue/Industry | Reported Cases |
---|---|
(NHTH, 2019) | |
Domestic work | 218 |
Agriculture | 108 |
Traveling sales crews | 107 |
Restaurants/food service | 81 |
Illicit activities | 55 |
Venue/Industry | Reported Cases |
---|---|
(NHTH, 2019) | |
Illicit massage/spa business | 1,247 |
Pornography | 733 |
Residence-based commercial sex | 592 |
Hotel-/motel-based | 534 |
Online ad/venue unknown | 452 |
TRUCKERS AGAINST TRAFFICKING
Truckers Against Trafficking is a national nonprofit organization that acknowledges truckers as valuable in recognizing and reporting victims of trafficking. This group has partnered with law enforcement and government agencies, and they provide a website for members of the trucking industry to educate and empower themselves in combatting trafficking. A training video created by Empathize, an organization that focuses on prevention of and education about crimes against children, is available to view on their website (Truckers Against Trafficking, 2020).
Dynamics of Human Trafficking
Once a trafficking victim becomes entrapped by the exploiter, leaving may be difficult because the victim may fear threats of physical abuse or be subjected to false promises. They may be manipulated into thinking that they are indebted to or protected by the exploiter. Victims may become isolated from family and friends, feel ashamed, be controlled by drugs, or develop a type of traumatic bond with the exploiter (CDC, 2017).
The dynamics of the relationship between an exploiter and a trafficking victim share similarities with the dynamics of the relationships associated with domestic violence. In both cases, the victim may have difficulty leaving the relationship emotionally, physically, and financially, or may fear the repercussions of leaving. Trafficking victims and domestic violence victims may both develop feelings of trust or affection toward their abuser or captor (sometimes referred to as Stockholm syndrome) and suffer from shame, self-blame, and posttraumatic stress (U.S. DHHS, 2017).
Exploiters can operate as individuals, small businesses, or in large, organized criminal networks. Traffickers and victims frequently share similar backgrounds and ethnicities, which gives exploiters an advantage to manipulate victims whom they somewhat understand. Some exploiters are the same age as the victims and work as peer recruiters.
Traffickers may be owners of brothels or massage businesses or own businesses that employ domestic servants or agricultural workers. Traffickers may be family members, intimate partners, or friends of the victim. They may own factories or corporations, and trafficking may exist within a legitimate business.
Traffickers frequently exploit industries such as advertising or airlines. They may also exploit buses and other forms of travel. Trafficking may be associated with landlords, passport service businesses, labor brokers, and the hotel industry. Although these businesses can be used for criminal trafficking activity, legitimate business owners should be aware of exploiters and report trafficking situations (NHTH, n.d.-b.).
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).
SURVIVOR VOICE*
“I had just graduated from high school and was accepted to an out-of-state college on a sports scholarship. I was a good student and was really excited to go away to college. Although I had just broken up with someone, I never really had what you would call a serious romantic relationship.
“One evening I was walking outdoors with some friends, and we ran into a group of guys. That is how I met Michael. His cousin introduced us, and we started dating. Michael treated me well. He bought me nice things, took me on trips, and made me feel special. He was charming and so good-looking. I would see him with a whole group of women, and I felt so good because he had picked me.
“At the end of the summer, Michael took me on a trip to Las Vegas. Once we checked in to the hotel, everything changed. He brought a series of buyers into the room and forced me to have sex with them. He became violent when I resisted, and I had no choice but to comply. I didn’t know anything about people like that. No one ever told me.”
* The “Survivor Voice” statements presented in this course were made to the author during personal interviews with a survivor of human trafficking.