AUTHOR’S NOTE: Updates to this article are in process to include updated resources as certain of the originally provided resource materials are now outdated. The original source materials shall remain intact as they were used in the original research. The most updated resources can be found at the bottom of the article and will be updated over time.

*Part Three of a four-part series 

~by Amy Lynn Burch

Originally published on April 22, 2012 @ 10:34pm

~Writer’s note to the reader: The original design of this four-part series was as a training tool for law enforcement officials regarding proper response to the issue of trafficking in humans, specifically; those trafficked for sexual purposes.  Historically, victims of trafficking have been criminalized by both state and federal law creating something of an “us-vs-them” mentality within the law enforcement community as it respects victims of sexual trafficking crimes, e.g., prostitution.  The law routinely places blame on the victim by labeling victims as “prostitutes” or “crack whores” while ignoring the criminality of those responsible for devastating the lives of the trafficked. Fortunately, the laws have begun to change this dynamic; however, what has not changed as rapidly as the law are the attitudes and perceptions of law enforcement officials regarding the trafficked.  It must be clearly understood that the attitudes and perceptions of law enforcement regarding the trafficked must change to align with the facts of trafficking rather than the mis-perceptions of willing participation.

One of the greater strides in combating victim mis-perception was accomplished recently in the state of Alaska with the passage of HB359 which was introduced by Gov. Sean Parnell. On Thursday, April 19, 2012 the Senate passed the bill, sending it immediately to Governor Parnell for signature.  Once signed, the law will make any person guilty of sex trafficking for three actions: forcing anyone to engage in prostitution; inducing a person under 20 years old into prostitution; or inducing someone under their legal custody into prostitution. The crime will be classified as a “serious felony offense.”

The law further changes the status of those trafficked from criminal, i.e., “prostitute” to victim. Those of us who deal with victims and advocate for their care are thrilled with this measure!

As always, thank you for your support. Following is Part-Three: Trafficking and the Law.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Trafficking and the Law

Prior to the year 2000, there were no comprehensive laws to protect the victims of sex-trafficking nor were there laws to prosecute the true offenders; the traffickers. Signed into law in October of 2000, The Trafficking Victims Protection Act (TVPA) made human-trafficking a Federal crime.  The law in essence changed the status of those trafficked from criminal to victim and placed the weight of criminality where it belongs; on the traffickers.  The Trafficking Victims Protection Act of 2000 which was reauthorized in 2003, 2005, and 2008 (with re-authorization of TVPA 2011 still pending as of this writing, even though 2012 is quickly coming to a close) addresses three critical areas of concern for victims: prevention; protection; and prosecution.

The law was designed to protect victims by providing victim assistance services at both the Federal and state level, prosecute those traffickers caught dealing within the United States, and prevent the further trafficking of humans overseas (TVPA).  It is vitally important as law enforcement officials to know the differences between Federal and state laws in regard to human trafficking. The rights afforded victims under TVP include:

*The right to access information, in accordance with Section 107(c)(2) of the TVPA, which provides that “victims of severe forms of trafficking shall have access to information about their rights and translation services.”

*The right to rescue and be removed to the appropriate shelter or special shelters, in accordance with Section 107(c)(1)(A).

*The right to social assistance and economic self-sufficiency, including job counseling, skills training, and education, in accordance with Section 107(e)(4)(i)(2), which provides “the alien with employment authorized endorsement or other appropriate work permit.

*The right to medical care, including physical and psychological treatment, in accordance with Section 107(c)(1)(b)

*The right to be heard in court, including the right to legal representation in cases prosecuted under the TVPA, in accordance with Section 112.

*The right to mandatory restitution under the TVPA, in addition to the right to civil compensation under existing laws, in accordance with Section 112.

*The right to privacy and safety under the Victim and Witness Protection Act of 1982, in accordance with Section 107(c)(1)(B)(i,ii).

*The right to seek residency under the T-visa program, in accordance with Section 107(f).

*The right to return to their country of origin and not be detained in facilities inappropriate to their status as crime victims, in accordance with Section 107(c)(1)(A), and the right to receive services regardless of their immigration status, in accordance with Section 107(b)(1)(B).

Intervention Strategies for Law Enforcement

For all of its good intentions, TVPA is useless without the aid of law enforcement.  Because law enforcement is the primary contact between victims and the justice system, it is critical that you understand how to respond to suspected victims. First and foremost, I would challenge each of you to change your view of so-called sex workers from law violator to human being and ask yourself “How did she (or he) get here? Is this their choice? Are they being compelled?” and then choose to see your role in terms of rescue rather than disassociated enforcer. This is a critical step toward building trust between victim and authority.

Rebuilding of trust must be your number one priority when dealing with suspected victims. Reassurance is paramount in communication when dealing with victims that you are not the enemy.  Remember that victims do not self identify that they have been trafficked and have likely been condition to lie under threat of violence in order to protect themselves from the brutality of their captors. Considering this, it is important that you not expect the truth from a victim upon first encounter.  It may take repeated encounters to extract the truth from a suspected victim. Your demeanor with the victim more than anything can make the difference in terms of rescue and recovery. Be proactive!

Key Questions for Victim Identification

Identifying victims is often as simple as asking a few key question. The following is a suggested outline of questions when dealing with suspected trafficking victims as proposed by the Department of Defense Trafficking In Persons program:

·         How did you get here?

·         Where do you live, eat, sleep?

·         Do you own someone money?

·         Is someone keeping your legal/travel documents?

·         Have you been threatened if you tried to leave?

·         Has someone threatened your family?

·         Have you even been physically abused?

·         Have you ever been forced to stay in one place?

·         Who are you afraid of?

For ease of reference a pocket card is available for download at the following link [Currently unavailable. An updated resource will be provided at a later time]:

Click to access LE_Pocket_Card.pdf

One of the greatest challenges for victims of sexual exploitation due to human trafficking is the restoration of dignity which may not be tangible but is no less a need (Burch, 2012).  For the victims of sexual exploitation, the stigma of being labeled “damaged goods” by a society that fails to understand the helplessness involved in human trafficking can seem insurmountable. When law enforcement choose to change the collective attitude away from the stigma of criminal offender toward the view of unwilling victim in regard to the trafficked, then true healing can begin as well as prosecution of the true offenders; the traffickers.

*Don’t miss Part Four: Effective Intervention

SOURCES:

Burch, A. (2012). National Reintegration Center for Human Trafficking Victims. CCJS360 – Victimology, University of Maryland

Department of Defense. Trafficking In Persons (TIP). https://docs.google.com/viewer?a=v&q=cache:oHNSkT1L6UYJ:ctip.defense.gov/docs/training-TIP-LE.ppt+&hl=en&gl=us&pid=bl&srcid=ADGEESg6JaJ3DPziU8gqTAA31kyq6box8Z5fT1SO-Yhn_7lZxr2gEc4uukZrkG9tU61msAniABD-OzAQ4sRVI_QTZJ2G5bXR0XbvUfmZIPzsEBxfImoEz95Ei-HlOKyhhMYv90zuNqDh&sig=AHIEtbS1sM0WRpwxpK5xC8lkHcCTvMr_gQ&pli=1.

Doerner, William G., & Lad, Steven P. (2008). Victimology (5th ed.). Anderson Publishing: Newark, NJ

HB359 http://www.therepublic.com/view/story/e9a37ce7c8754f27b18f57e4c4a3a95a/AK-XGR–Human-Trafficking/#share 

Polaris Project. (no date). Domestic Sex Trafficking: The Criminal Operations of the American Pimp. A Condensed Guide for Service Providers and Law Enforcement. http://www.dcjs.virginia.gov/victims/humantrafficking/vs/documents/Domestic_Sex_Trafficking_Guide.pdf

Trafficking Victims Protection Act of 2000 (TVPA).

*SOURCE UPDATES:

U.S. Department of Defense. Combating Trafficking in Persons Program Management Office. TIP Indicators.
https://ctip.defense.gov/Portals/12/New%20Documents/TIP%20Indicators%20sheet%20for%20DoD_updated%202025-%20Final.pdf?ver=L2WE9TUXm1i78vPVfNLBWA%3d%3d&timestamp=1739283581163

• Globally, victim identification increased to 133,943 in 2023, up from115,324 circa 2022 with increased convictions; However, significant gap remain between victim identification and effective prosecutions.

[Further resources updates pending]

© Amy Lynn Burch 2008 – 2026
All Rights Reserved
No part of this work or webpage or any of its content(s) may be reproduced, copied, modified or adapted, without the prior written consent of the author, unless otherwise indicated by the author for stand-alone materials.

“NO AI TRAINING” Notice: No part of this work or webpage or any of its content(s) to include articles, blog posts, comments, questions, and responses may be used to ‘train’ generative artificial intelligence (AI) technologies of any kind. Use of this content to train any and all known, and/or future developed AI technologies is strictly and expressly prohibited, reserving all rights. 

“Not Your Plaything” was founded by me, Amy Lynn Burch, on April 14, 2008 as an extension of my work as a public education entity regarding child-related crimes as well as crimes against women. I set aside my own personal ventures shortly after NYP’s creation to lend my voice to numerous other organizations much to my regret. Although willing to offer my expertise and assistance to other organizations in the past, I now devote my time, skills, and knowledge solely to my own professional pursuits and public awareness entities. With that plainly stated, let me be extraordinarily clear:

I will not be intimidated by anyone who thoughtlessly, arrogantly, and carelessly threatens legal action against me and/or my work particularly after COWARDLY skulking away into parts unknown for months on end without so much as a word to me, leaving me with operational costs and endless investigations with ZERO input and/or direction. I am well within my legal right to continue my work on my own terms and threatening me with the FBI (you canNOT be serious!) is absurd.

NYP’s blog and FB page are about bringing educational knowledge to the general public, challenge to offenders, and justice to the victimized. That is the sole focus!  I do NOT have time for the petty whining and empty threats of any so-called organization that doesn’t even exist on paper, let alone in reality, but only in the mind of a legal wannabe who uses people to his advantage. Possession is 9/10 of the law as you should well know and as full admin with page ownership rights I am well within my legal rights to produce and distribute MY content without your consent. Don’t you dare threaten me and/or my work and expect to get away with it, in every legal sense of the concept.

Anyone who chooses to resort to infantile rage-fueled threats of force (however legally weak those threats may be) clearly does not have the interest of abuse victims at heart. The point, may I remind you, is to advocate for the missing, abused, trafficked, and abuse-induced socially outcast.  Additionally, the point is to bring justice to the victims through prosecution of the offenders, or have you forgotten that that is what my work all is about?!  Any self-interested party that wants to play the “mine, mine, mine!!” game with me to the detriment of abuse survivors is going to have one hell of a legal battle on their hands.  It is abundantly apparent that your interest is NOT in seeking justice for the abused through felony convictions of those who perpetrate heinous acts against the innocent.  Your interest is in totality in yourself and in making a name for yourself at the expense of others. I will not be a party to your arrogance, nor will I put the welfare of others at risk in the name of your ego.  I am no shrinking violet. And, oh… by the way,

I am not your plaything!

Amy Lynn Burch

NotYourPlaything (Owner/Advocate)

© Amy Lynn Burch 2012
All Rights Reserved

No part of this work or webpage or any of its content(s) may be reproduced, copied, modified or adapted, without the prior written consent of the author, unless otherwise indicated by the author for stand-alone materials.

“NO AI TRAINING” Notice: No part of this work or webpage or any of its content(s) to include articles, blog posts, comments, questions, and responses may be used to ‘train’ generative artificial intelligence (AI) technologies of any kind. Use of this content to train any and all known, and/or future developed AI technologies is strictly and expressly prohibited, reserving all rights.