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Home>Archives for Victim-offender

November 14, 2019 by SHI Staff

Coming Soon: Field Guidance on Sex Trafficking Victim-Offender Intersectionality

Shared Hope International, Shared Hope’s JuST Response Council and the Institute to Address Commercial Sexual Exploitation at Villanova Law are pleased to announce the upcoming release on January 23, 2020 of a field guidance report on sex trafficking victim-offender intersectionality—the phenomenon of sex trafficking survivors entering the criminal justice process for allegedly engaging in sex trafficking conduct.

This field guidance, which follows three years of collaborative research, will provide tools for criminal justice stakeholders that assist in identifying the intersection of trafficking victimization and offending conduct, as well as guidance on responding to these cases in a trauma-responsive and trafficking-informed manner. By examining some of the common factors in cases involving victim-offender intersectionality through a trafficking-informed lens, alongside specific case studies drawn from federal prosecutions, this field guidance seeks to identify strategies for moving toward more just and fair responses to sex trafficking victim-offenders at all stages of the criminal justice process.

While the field guidance specifically focuses on survivors of sex trafficking charged with sex trafficking offenses, many of the considerations that arise in that context are informative for criminal justice stakeholders responding to trafficking survivors who have been charged with other crimes as a result of their trafficking victimization. We hope this guidance will also lead to greater discourse on this difficult issue and ongoing efforts to work toward victim-centered, trauma-informed solutions.

The release of this field guidance report on January 23, 2020 also marks the Grand Opening of Shared Hope International’s new Institute for Justice & Advocacy. The work of the JuST Response Council and this new research reflect the Institute’s commitment to finding solutions to complex problems to help bring an end to juvenile sex trafficking and provide support and protection to those impacted by sex trafficking.

If you are interested in attending the event at the Institute, please register here. Space is limited. If you are not able to attend in-person, please join us remotely via Facebook Live at Shared Hope’s Facebook page.

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Shared Hope International’s JuST Response Council represents some of the most innovative and informed experts in the country. These members help ensure JuST Response products are informed by diverse perspectives and experiences. Council members share the goals of preventing juveniles from becoming sex trafficking victims and ensuring that youth who have been trafficked have access to the tools and support necessary to heal from the trauma they have endured and the skills to create and sustain a life away from trafficking. Members include policy advocates, government officials, medical professionals, law enforcement, judges, academics, and service providers, many of whom are themselves survivors of juvenile sex trafficking, from diverse geographic areas.

July 29, 2019 by Guest

VICTIMS OR OFFENDERS? How the Criminal Justice System Needs to Shift Its Perspective

Octavis Lampkin will be presenting, “Victim or Offender? Peer Recruitment and Drug Trafficking within the Sex Trafficking Experience” with Sue Aboul-Hosn, BSSW, CPSW, Regional Human Trafficking Coordinator, Florida Department of Children and Families, on Tuesday, October 15 at this year’s JuST (Juvenile Sex Trafficking) Conference in Cincinnati, OH. Visit justconference.org/just2019 to review our workshop agenda and for more information on how to register.

Read Octavis’ blog below:

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VICTIMS OR OFFENDERS? Why the Criminal Justice System Needs to Shift Its Perspective

By: Octavis Lampkin, Victims Advocate, Free Myself LLC

When I read about the 14 year old girl who was just convicted of capital murder in Fort Worth, Texas after being used as bait in a crime committed by her trafficker, I recognized the injustice. I myself, at the young age of 14, was also eager to please my pimp. At the time, I believed I was in control but in reality, I was grappling with a complex whirlwind of emotions and my understanding of my circumstances was completely shaped by his manipulation. The injustice in the Fort Worth case shows the gulf of misunderstanding between the reality faced by victims of sex trafficking and how their conduct is perceived by the criminal justice system.

The fact is that sex traffickers don’t just control their victims to coerce them into commercial sex. Traffickers don’t limit their criminal activity to the commonly understood concept of sex trafficking. When they see the opportunity, they manipulate their victims into a host of other crimes, sometimes even serious offenses like robbery, drug smuggling and even recruiting young girls and women to work for the trafficker. A young person in this situation may actually believe it is the right thing to do. A trafficker probably convinced her that as a female she needed someone to look out for her and that other girls actually want to be a part of his trafficking organization. She may also know by recruiting, that she wouldn’t have to sleep with as many strangers nor place herself at risk of being raped anymore.  This is the complex reality that a trafficking survivor may face, but fails to be recognized by the criminal justice process.

Part of the problem is that it’s hard to convey the extent of control that a trafficker can exercise over a victim and how dramatically trauma can change the way a survivor may act. Often, children who experience trauma and come from broken homes long for love and affection regardless of who is providing it. When a child is given shelter, food, protection, and clothes, they feel obligated to the person who is meeting those basic needs. Traffickers exploit these vulnerabilities through coercion, mind control, guilt, and most importantly, through mental and physical abuse. Grooming may take place when the victim and pimp engage in intimate relations. This is often done to weaken the barriers of the victim. After the pimp succeeds in mentally controlling the victim, she begins to believe that their bond is genuine. The pimp then demands the victim return her loyalty by delivering whatever the trafficker demands. This could be anything.

When you look closely at the circumstances of a trafficking case, victims are not the masterminds but followers. Any request of the predator is perceived as a privilege to the victim. And as such, the victim follows through with the request to win over their predator’s love and trust. This is similar to when a child seeks trust and privileges from their own parents; but trafficking victims may lack the ability to differentiate between the two. Traffickers are aware of the sensitivity and vulnerability of minors in sex trafficking and have been for a very long time. That is why traffickers keep a very low profile, making it very difficult to identify them as they use victims as their bait. It doesn’t take long for mind control to become effective. Then, the longer time that a victim is under control, the more likely that the victim does not see an alternative to carrying out the demands of the trafficker.

In fact, some of the factors that the prosecutors and the court relied on as evidence that the minor in the Fort Worth case was a willing participant are actually indicators of her victimization. In that sense, this case is not unusual. Sadly, when the judicial system fails to respond to trafficking victims in an appropriate, trauma-informed way due to a lack of understanding of the trauma that the victim has experienced, the child victim seeks other ways to cope with our system’s failure, often by not cooperating or lashing out. Then that child begins to be seen as an offender rather than the victim they truly are. There are many signs in this case that went unnoticed of this little girl’s hopes and dreams going down the drain. First, she was clearly under the control of her trafficker. Most importantly, she had been stripped of her identity, independence, and the ability to think critically or logically. She suffered physical and mental abuse, which creates immense and unexplainable fear, preventing her from doing the right thing even if she feels it’s wrong. The minor in the Fort Worth case was manipulated by a predator, leading her to believe they had an intimate relationship. This would confuse any child victim, especially as that child continues to be taken advantage of by her exploiter.

And so I see here another child who has been failed by the system; just as I was failed by the system and found myself alone on the streets with no one to turn to except a predator who held out his hand with a motive. And I also see the immense injustice of the criminal justice system’s response to this case – that the consequence of the trafficker’s exploitation of this child is that this child must pay for the trafficker’s crime.

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Since 2009, Octavis Lampkin has provided awareness for Florida Department of Children and Families, law enforcement, Human Trafficking Task Force and many other organizations. She recounts her own experiences of being involved in Human Trafficking to at risk youths, maturing them on different tactics to prevent them from becoming victimized. In recent years, she has presented at various summits regarding the Life, peer recruitment and drug trafficking, and about being a survivor of DMST and the complex issues associated with their own exploitation. Octavis is a capable, unique individual who has overcome many obstacles and irregular dysfunctional cycles. She is a mother elevating a gifted and talented young teenager, teaching him morals and critical values of life. This courageous mother has completed her Bachelor of Science in Psychology and continues to strive to her maximum potential as a Victim Advocate Consultant.

June 20, 2019 by Guest

2019 Trafficking in Persons (TIP) Report Release

By Matthew Quandt, Legal Fellow

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Today, the U.S. Department of State released the 19th annual Trafficking in Persons (TIP) Report.  Secretary of State Mike Pompeo, who was joined by John Cotton Richmond, the Ambassador-at-Large to Monitor and Combat Trafficking-in-Persons, and Ivanka Trump, Advisor to the President, honored 8 individuals as TIP Report Heroes in recognition for their unique contributions to fighting human trafficking worldwide.

The TIP Report is a federally-mandated annual report instituted by the Trafficking Victims Protection Act (TVPA).  The report collects information from U.S. embassies, government officials, nongovernmental and international organizations, published reports, news articles, studies, and research to evaluate the efforts of 187 countries around the world in the fight against human trafficking.  Shared Hope contributed to the report.

As in prior years, the Report categorizes countries into four tiers based upon their efforts to combat human trafficking (Tier 1, Tier 2, Tier 2 Watch List, and Tier 3), and mandates as a significant penalty the restriction of U.S. foreign aid funds for those countries which fall within Tier 3.  In line with the TVPA’s recommendations, President Trump restricted Fiscal Year (FY) 2019 foreign aid to countries designated as Tier 3 by the 2018 TIP Report, and will likely take similar action this fall against countries designated as Tier 3 by the 2019 TIP Report.  With the release of the 2019 TIP Report, Bhutan, Cuba, The Gambia, and Saudi Arabia each fell to the Tier 3 designation, while Belize, Bolivia, Gabon, and Laos saw their recent efforts rewarded with an upgrade onto the Tier 2 Watch List from their prior position on Tier 3.

Differing from past TIP Reports, which have broadly focused on transnational human trafficking and the forced movement of people from one country to another, the 2019 TIP Report intentionally focuses on trafficking that remains within the borders of a single country.  The Report explains that it is always “easier to look outward and call on other governments to act; it takes much more resolution and political will for governments to look inward and stop traffickers, including their own citizens, from exploiting victims who have not crossed an international border.”  The Report cites findings that “the clear majority of traffickers were citizens of the countries where they were convicted” and that “traffickers exploit 77 percent of all victims in the victims’ countries of residence,” while acknowledging that victims of sex trafficking are more likely to face transnational human trafficking than are victims of forced labor.

This focus on internal trafficking supports Shared Hope’s strategic priority on policy efforts to counter domestic minor sex trafficking within the United States since 2005.  Although human trafficking is unquestionably a global issue, and Shared Hope has continued to support efforts in many countries outside of the U.S., we chose to target the trafficking of U.S. citizens and lawful permanent residents on U.S. soil in an effort to make critical policy and services changes within our own country (estimates place the number of current trafficking victims within the United States at over 400,0001). Our vision is to coordinate a national network of protection services to improve the quality of response available to sex trafficking victims while also bringing justice through criminal enforcement, deterrence of demand, and survivor involvement in the effort to end sex trafficking.  Shared Hope also conducts trafficking-related research and publishes resources to aid federal and state legislators in drafting victim-centered legislation.  See the Resources page for more information: https://sharedhope.org/resources/.

The United States has ranked itself as Tier 1 each year since its first inclusion in the TIP Report in 2010; receiving a Tier 1 ranking, however, “does not mean that a country has no human trafficking problem or that it is doing enough to address the problem.”  While the TIP Report acknowledges the efforts made to-date by lawmakers, law enforcement, and service providers in combatting human trafficking locally, it also acknowledges there is still much work to be done.  The Report urges that “officials across government should work to challenge stereotypes of a typical victim of human trafficking.”  For example, the United States must continue to increase appropriate training and clarity provided to law enforcement and prosecutors in cases in which human trafficking victims are compelled by their trafficker to commit illegal offenses (“victim-offender intersectionality”).  “Forced criminality takes the form of begging, prostitution, cannabis cultivation, and theft, among others.  An untrained law enforcement officer or benefits adjudicator may not realize an individual is a victim of human trafficking before making an arrest or a decision on available benefits. These assumptions can also make victims more reluctant to seek help.  Proactive efforts to recognize and mitigate these assumptions are therefore critical.”

Below is a summary of countries whose Tier status in the 2019 TIP Report changed from 2018.  To read the entire TIP Report, visit the State Department website: https://www.state.gov/reports/2019-trafficking-in-persons-report/


Moves Up (24 countries)

 From Tier 2 Watch List to Tier 2
Chad
Eswatini
Guatemala
Guinea
Haiti
Hong Kong
Kuwait
Macau
Madagascar
Mali
Mongolia
Niger
Nigeria
Senegal
Seychelles
Suriname
Tajikistan
Togo
Zimbabwe
St. Maarten* (*last year was a “Special Case” due to damage caused by Hurricane Irma) 

From Tier 3 to Tier 2 Watch List
Belize
Bolivia
Gabon
Laos 

Moves Down (25 countries)

From Tier 1 to Tier 2
Aruba
Denmark
Germany
Italy
Poland
Slovakia 

From Tier 2 to Tier 2 Watch List
Afghanistan
Azerbaijan
Barbados
Brunei
Cambodia
Congo, Republic of the
Curaçao
Kazakhstan
Lesotho
Malawi
Marshall Islands
Romania
Sri Lanka
Tanzania
Vietnam 

From Tier 2 Watch List to Tier 3
Bhutan
Cuba
The Gambia
Saudi Arabia

Sources

1 https://www.globalslaveryindex.org/2018/findings/country-studies/united-states/

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