Post on 05-Jan-2016
Human Trafficking in Ohio
Safe Harbor:
A Progress Report On Empowering Exploited Children in Central Ohio
Kimberly P. Jordan, Moritz College of LawEmily Dunlap, Advocating Opportunity What is trafficking? Basic Concept:
Exploiting another for ones own commercial gain. What is trafficking? Act +
Means +
Purpose
What is trafficking in Ohio? Entice, kidnap, lure, etcCompel (force, fear, fraud, duress, intimidation)Sexual activity for hire, obscenity, OR involuntary servitude.
Juveniles and TraffickingFederal: Anyone under 18 involved in commercial sexual activity is a victim. No need to prove force, fraud, coercion
Juveniles and TraffickingOhioCompulsion must be proven, except: Under 16Under 18 + person of authority Developmentally disabled.
The ProblemLabor Trafficking Domestic Servitude AgricultureMagazine Sales Drug Mules HotelsRestaurants
Sex Trafficking Commercial Sex Survival Sex Child Pornography Webcam, Strip Clubs, Massage Parlors.
Human Trafficking in OhioHuman trafficking is one of the fastest growing criminal enterprises worldwide.
Each year an estimated 1,078 Ohio children become victims and 3,016 more are at-risk.
The most common age in Ohio for children to become victims of trafficking is 13 years old.
Ohios HT Laws, Compared
Vulnerabilities and Risk FactorsPush/Pull FactorsPush:Poverty, natural disaster, corruption, financial instability Pull: Hope, escape oppression, high demand
RESCUE CHILDRunawayEducation Sexual abuse Court appearancesUsing drugs/alcohol Emotional abuse
AG Human Trafficking Task Force Commission Report 2012
RESCUE CHILDChild abuse/neglect HomelessnessInfluence of othersLoving someone much older Difficulty making friends
LGBTQ Youth Vulnerability
Ray, N. (2006). Slide borrowed from Michelle Hannan, CORRC. IDENTIFYING VICTIMSBARRIERS TO IDENTIFICATIONHidden CrimeLaborControl/FearRestricted MovementWork-basedSexStreet exploitation uncommonHotels, internet used for transactionsLanguageInability to communicate fear Unable to understand resources
Aids in isolating victimsFear of Law EnforcementPerceptions from native country Negative image reinforced by traffickerLaw enforcement sometimes validates concernsTrauma-BondingGrooming/Recruiting
Boyfriend Trafficking
Stockholm Syndrome Rare Self-IdentificationLanguage GapGlamorization PerceptionsTrainingRed FlagsLabor: Unsure of addressPhysical abuseMalnourishedTruancy Untreated medical issues No documents/fake documentsRed FlagsSex:Possesses items outside income levelArrested near hotel, massage parlor, truck stopPrepaid credit cards, hotel keys Branding tattoos, older boyfriend or female friendInteracting with VictimsAVOID: Labels Blame ShameINSTEAD: MotivationEmpathy RecoveryInterviewing VictimsAVOID: Direct questions about trafficking/prostitutionUsing accusatory or negative wording Pushing for information Getting too much/unnecessary detail
Interviewing VictimsINSTEAD:LISTEN, let them guide the interviewSeek information related to red flagsAsk open-ended questions Ask feeling/emotion questionsStop after you have enough informationExplain human trafficking Explain mandatory reporting obligation
Safe HarborOhios Safe Harbor LawSB 262O.R.C. 2152.021(F)Benefits/GoalHold complaint in abeyance
Focus on rehabilitation and recovery
Offer support instead of sanctions
Treat victims as victimsFive ComponentsQualificationGuardian ad LitemSafe Harbor HearingDiversionDismissalQualification2152.021(F)(1) per se charges reason to believe + related
QualificationChild agrees to participateParty brings Motion to Hold Complaint In AbeyanceState can oppose, court may then hold Safe Harbor Hearing
Guardian ad Litem2152.021(F)(3) Guardian appointed Specific to trafficking issues Cannot be childs attorney
Safe Harbor Hearing2152.021(F)(1) Any time before adjudication Determine whether to hold complaint in abeyance Not required if parties agree
Safe Harbor Hearing2152.021(F)(1) child must only agree no requirement to cooperate with law enforcement
Safe Harbor Hearing2152.021(F)(2) Prosecutors participation objections recommendations
Safe Harbor Hearing2152.021(F)(2) Nothing used during hearing can be used against child at later proceedings. No requirement to admit victimization or cooperate
Diversion2152.021(F)(4) placement supervision services
Placement Home Foster Home Group Home Residential Detention
Supervision Care Coordination Probation = no Violations?
Services Counseling Therapy Medication Medical Treatment
Education Employment Mentorship Volunteerism Talent Cultivation Exercise/Fitness
Service ProvidersThe Salvation ArmyGracehaven Nationwide Childrens/CACCTAP at Mt. CarmelGodman GuildFCCS/NYAP/PFSNRenee Jones Empowerment CenterDiversion2152.021(F)(5)Hold in abeyance 90 daysTwo additional 90-day periods can be granted satisfactory compliance
Dismissal2152.021(F)(5) satisfactory = dismissal unsatisfactory = proceedThe Numbers 15 cases before FCJC in July Greif: 7 successful completion1 flipped formal/unsatisfactory Others closed by parents(info from other counties)
Myths:This doesnt happen in the United StatesTeenagers are willingly engaging in these behaviorsParticularly in DMST, several kinds: Boyfriend (grooming), Family, Abduction. Survival Sex. They do not self-identify, so they are not a victim. They run, so they do not want help.
Myths:This doesnt happen in the United StatesFull and expanding caseload in Franklin County.
Teenagers are willingly engaging in these behaviorsSafe Harbor recognizes often a legal impossibility No bearing on whether or not child can engage in Safe Harbor
They do not self-identify, so they are not a victim. No requirement to self-identify for Safe Harbor, reason to believe
They run, so they do not want help. Problem, time-limited statute, tolling?
Questions? Emily Dunlap: ed@AdvocatingOpportunity.com(855) 855-1945 x705
Tory Bader: greiffellow@osu.edu(614) 292 3326