Domestic Minor Sex Trafficking Archives - Page 3 of 6

May 24, 2012 by Shamere

Unavoidable Destiny | Legally a Criminal, Legally a Victim: The Plight of the Bottom

Looking back at the 18 months of my victimization by a “guerilla pimp” (most abusive type of pimp), I have to make an honest decision in regard to my actions. While under the direction of the pimp, I did commit punishable offenses under the law and was charged with conspiracy to commit the Mann Act—driving minors across state lines for illegal purposes. I honestly do not believe that I was a perpetrator of this crime because I was forced to drive the car, just as I was forced to submit to prostitution and the humiliation of being sold for sex, over and over. Congress stated in the federal Trafficking Victims Protection Act (TVPA) of 2000, and I believe, that I should not be held responsible for the crimes I was forced to commit while I was enslaved.

In my case, I believe two key circumstances state the case for my innocence:

1. Motivation: The crimes were committed out of force and in protection of my life and the lives of my family. I never once profited.2. Free will: I would not have committed these crimes from my own free will—the crimes were committed under the direction of the pimp.

A victim does not become the “bottom girl” overnight. It is important to recognize that a “bottom girl” has been deeply manipulated and has likely developed a trauma bond with her pimp. Her basic ability to determine right from wrong has become corrupted by thoughts and actions instilled by her pimp through fear. The “bottom girl” develops compliant behavior after constant threats and real severe beatings and rapes, and witnessing the cruelty done to other girls.

From the very first beating when I was choked to the point of unconsciousness until the day he pulled the trigger on the miraculously unloaded gun in my mouth, I knew obedience meant survival. When he placed the gun in my mouth and asked me if I wanted to die, I shrugged. I thought, “Finally, this pain and this life would be over and the only one hurt is the one who was responsible for me being in the situation – ME!” The trigger was pulled but I was still alive. For a few moments, I thought I was experiencing death with the ability to still see life, until I felt the blows to my head by the gun. This was when I realized there was no hope. I had to continue this life of being obedient to him so my family wouldn’t get hurt, as he reminded me each day. I was alive, but was not living. I was a slave.

Congress expressed its understanding of this victim behavior in the federal TVPA: “Victims of severe forms of trafficking should not be inappropriately incarcerated, fined, or otherwise penalized solely for unlawful acts committed as a direct result of being trafficked…” Nonetheless, victims are still being charged.

Today in America, the justice system faces a severe challenge. Does it respond to the victimization of the bottom girl by offering services and freedom? Or does it consider the bottom girl a perpetrator and respond with jail sentences and correctional programs?

It is a difficult question and the answer is likely unsatisfying: every case is different and should be investigated independently so as to bring justice in the greatest way possible.

faces-of-prositution-1 — The Same Girl: A Progression over time into the depths of prostituion

My experience revealed the importance of awareness at all levels. Judges, prosecutors and defense attorneys need to be adequately trained on the issue of sex trafficking to be able to evaluate each case and to fully understand the circumstances under which the crimes were committed. One promising practice is found in the state of Georgia where an expert witness panel was formed to provide informed testimony for the court, improving the likelihood of better outcomes for those “bottom girls” who are charged with conspiring, aiding or committing human trafficking as a result of trying to survive their enslavement, like I was.

As one who has experienced the consequences of this dilemma, it is especially difficult to say that there are circumstances in which the “bottom girl” may actually have stepped over the slippery line of victimization into the role of offender. In any case, age should never be a determining factor in the decision to charge a victim. The simple argument that a victim over the age of 18 should know better does not realistically consider the very real duress experienced by the trafficking victim. But how do we determine when the “bottom girl” is acquitted or convicted? What could I have said in my defense that would have changed the outcome of my conviction? What will we hear in the story of a “bottom girl?”

May 4, 2012 by Shamere

Unavoidable Destiny | The “bottom girl” – victim or criminal?

Although I never physically or psychological abused any of the girls in my “stable,” I am considered a criminal. Under the direction of my pimp, I upheld the rules and maintained control. I ensured the girls were working and not sitting down in the club; I made sure the girls were not “out of pocket” (behaving outside the rules and guidelines of the pimp). I had to drive the girls to work, if I refused, I was threatened with death. Yet by driving, I became a criminal and was charged with conspiracy to the Mann Act–driving minors across state lines for illegal commerce.

A bottom girl is almost always emotionally attached to her pimp. This is referred to at the Stockholm Syndrome–a condition that makes victims empathetic and defend their abusers. A bottom girl is extremely loyal to her pimp. Through manipulation, the pimp allows the bottom girl to feel she is in an intimate relationship with him/her and is not enslaved. The manipulation may simply be a reminder of how much she is loved as the pimp provides food, clothing, and housing for her; a reminder that all her bills are paid and life is easy. Her compliant obedience to her pimp is not only to make him happy but also out of terror of the outcome if she does not act accordingly.

This is where things get complicated. When law enforcement becomes involved, a bottom girl will initially defend her pimp as she mistakes his abuse as an act of kindness. She defends the pimp’s act of rape, severe beatings, and verbal abuse by blaming herself. She often feels that she deserved what was done to her.

A pimp will convince a bottom girl that law enforcement will not rescue her; they will arrest her and send her to prison. And just like the pimp promised, the bottom girl is often arrested and charged as a co-defendant in a trafficking or prostitution case. She is inclined to believe the lies told to her by her pimp and has no trust in law enforcement. Having been warned by her pimp and receiving no rescue or services, she becomes unwilling to corporate in the investigation and tries to protect him. Believing that the pimp will be proud of her, she is often willing to accept any charges brought against her.

Anti-trafficking organizations understand that the bottom girl was under the direction of her pimp when she committed crimes. However, her dual role as a victim and criminal make it complicated for lawyers, prosecutors, and judges to uphold the law while acknowledging her victimization. Yet, justice must be served and the bottom girl is faced with taking responsibility of her own actions despite the circumstances.

Come back next week to learn how Shared Hope has effectively addressed this issue.

April 12, 2012 by Guest

On the Anniversary of the Emancipation Proclamation, President Obama Refocused Efforts on Modern Day Slavery

By Anne Reilly

On March 15, President Obama held a meeting with cabinet members and senior advisors to lay out plans to put an end to modern day slavery. The United States has long been a leader in addressing international human trafficking. Secretary of State Hilary Clinton led the group in discussing the current situation and making plans to combat the issue. The United States plans to utilize tools to combat human trafficking including: law enforcement, victim service provisions, increasing public awareness, and diplomatic pressure. These tools can be used domestically or internationally to target traffickers and help protect victims. In addition, the United States will increase partnerships with organizations, schools, businesses, and local communities.

[youtuber youtube=’http://www.youtube.com/watch?v=YKTj5beMjmw’]

The U.S. was one of the first countries to take action against slavery in its modern form. In 2000, Congress passed the “Trafficking Victims Protection Act” in order to address the problem. This law gave a federal definition to the crime of sex trafficking and created the Office to Monitor and Combat Trafficking in Persons within the U.S. Department of State to study the issue. Every year since the enactment of the TVPA the U.S. Department of State releases a “Trafficking in Persons Report”evaluating the efforts of every country in prevention, prosecution, protection and partnership to combat human trafficking. Countries are ranked using a tier system. Low ranking countries face public scrutiny and possible sanctions, prompted many countries to toughen anti-trafficking efforts.

Though the TVPA provides a strong legal platform, many states are lacking laws on the issue. Shared Hope spearheaded the effort to make sex trafficking a priority issue in states by creating the Protected Innocence Challenge in 2011. Every year this challenge will evaluate states based on its current legislation regarding domestic minor sex trafficking. Each state receives a grade for its efforts, as well as recommendations on how to strengthen laws to protect citizens

President Obama said, “I am confident that we will one day end the scourge of modern slavery, because I believe in those committed to this issue: young people, people of faith and station, Americans who refuse to accept this injustice and will not rest until it is vanquished.”

We couldn’t agree more.

February 16, 2012 by SHI Staff

Two States Take the Protected Innocence Challenge Head On

Last year, Shared Hope issued failing grades to over half the states for their legal provisions to protect America’s innocent against domestic minor sex trafficking. We challenged each state to raise their grade. They heard us! Taking this challenge head on, more than 30 states have introduced a total of 90 bills (and counting!) that will help combat human trafficking in their states. Kentucky and Louisiana have taken a notable lead in the movement to end human trafficking by introducing a package of Protected Innocence bills.

In Kentucky, 22 legislators are sponsoring HB 350 which will address more than 10 key components of the Protected Innocence legislative framework. If passed, this bill will expand provisions pertaining to asset forfeiture, will require human trafficking training for law enforcement, create a human trafficking fund, improve the definition of human trafficking to accurately identify victims, increase victim protections, establish a dedicated department within the police department for human trafficking investigations, and more. Kentucky received a “D” on the 2011 Protected Innocence Report Card—we commend the leaders championing this cause to raise the grade in Kentucky.

Louisiana continues taking aggressive action to combat child sex trafficking in the state. House Bill 49 addresses more than half of the legal components outlined in the Protected Innocence legislative framework. HB 49 contains 20 distinct provisions that would tighten the legal framework in this “C” state, including: increasing penalties for human trafficking, providing an affirmative defense, authorizing wiretaps, training law enforcement, providing victim restitution, requiring reporting of rescued children, allowing expungement of juvenile records, extending statutes of limitation, permitting policy decoys in investigation operations, preventing a consent defense, raising the penalty for buying sex with a minor to a $50,000 fine and 15–50 years in jail, establishing DMST victim eligibility for the crime victim’s compensation fund, removing prostitution from the definition of delinquent acts, and much, much more. If passed, Louisiana could emerge as one of the most dangerous places for those who buy and sell children for sex and raise the state’s grade even higher in the 2012 Protected Innocence Challenge.

We’re thrilled to see Shared Hope’s advocacy tools impacting change in states around the nation. Has your state taken the Protected Innocence Challenge?

November 5, 2011 by SHI Staff

Protected Innocence Initiative Part 2: Criminal Provisions Addressing Demand

Demand fuels the commercial sex industry. Without buyers seeking paid sex with children, traffickers would not have a market to sell young children for sexual exploitation. To achieve significant deterrence, severe penalties must be in place to adequately punish the crime of purchasing sex with a child. This dynamic is illustrated in the case below.

Operation Precious Cargo took place in 2005 in Pennsylvania. During this operation, the stretch of US Route 11 connecting Interstate 81 to Interstate 76, locally known as the “Miracle Mile” for the high prevalence of commercial sex, was the main target. Along the “Miracle Mile” there are three truck stops, three truck terminals, and sixteen motels that were investigated by law enforcement during a sex trafficking sting. Of the 151 victims of prostitution found at just one truck stop in Harrisburg, Pennsylvania, 45 were minors— the youngest was only 12 years old. If this sting happened today, buyers in Pennsylvania could face a third degree felony with a fine of up to $15,000 and imprisonment up to seven years. However, if this sting happened in Oregon, for example, the buyer may face only 30 days after the second conviction.

30 days.

This is the reason for the Protected Innocence Initiative, because children deserve a standard level of protection no matter what state they live in. The Protected Innocence Challenge is designed to reveal these critical gaps in legislation so concerned activists and legislators can work in proactive partnership to strengthen state law to better protect children and prosecute the perpetrators.