Human Trafficking: Is It In Your Jail?
Kris Wade
The Federal Trafficking Victims Protection Act of 2000 defines human trafficking (HT) as the use of force, fraud, or coercion to compel an individual into commercial sex or labor services against his or her will for the benefit of another. The act was the first legislation naming human trafficking as a crime against persons and emphasized a three-prong approach of prevention, protection, and prosecution strategies as tools in the fight against trafficking. Anyone can be victimized, and the crime can occur anywhere, including inside our nation’s jails. How do the tentacles of this insidious crime manage to penetrate our correctional facilities? Who is vulnerable? Can jails play a part in the prevention of trafficking, the protection of those victimized, and the prosecution of traffickers? Can jails do anything to stop the incursion of the billion-dollar human trafficking industry into their facilities? The answer is a resounding yes. Jails have the opportunity to help break the cycle of human trafficking within their walls.
How Human Trafficking Enters Jails
First, we need to understand how human trafficking comes into our jails and who is most likely to be affected. The threat manifests from both inside and outside the facility. On the inside there may be individuals who are recruiting for traffickers, as well as traffickers incarcerated for other offenses who are managing to continue their trafficking efforts while inside. On the outside traffickers communicate with incarcerated associates to help recruit more victims. An individual’s propensity for being trafficked is directly related to her or his level of personal vulnerability.
The first inside scenario involves a vulnerable inmate who may be close to release. Her/his vulnerabilities may include being poor, previously abused, homeless, cognitively challenged, mentally ill, or suffering from addiction. She/he may be isolated from family or have no solid community ties. An incarcerated associate of a trafficker may approach the potential victim, explain that there is someone on the outside who can help them upon release. Prior to release, phone contact with the trafficker is initiated and the plan to meet the potential victim will be arranged. The inmates who assist the trafficker are either other criminal friends or individuals already working for the trafficker. Known as “facilitators‚ they are also culpable of the crime under trafficking laws. The trafficker may begin writing to the potential victim, establishing a relationship. Upon release, the trafficker or an associate is there to meet the unwitting victim, promising housing, a job, clothing or whatever else the victim may need. The other inside scenario involves the incarcerated trafficker. She or he may be in for drug offenses, weapons charges, or assault. If their primary criminal enterprise is trafficking, they frequently will continue their lucrative HT operations during their confinement. This involves an associate on the outside who continues recruiting and running the operation for the trafficker. One example is a potential vulnerable victim meets the outside facilitator, is told that somehow the jailed trafficker knows of the victim and wants to establish communication. The facilitator arranges phone conversations and jail visits to the victim with the trafficker. The victim is convinced the perpetrator is enamored, wants to provide for the victim. The possible victim is convinced that the way to help the trafficker is to “work‚ for the trafficking network. The facilitator then draws the victim into the trafficking operation and the exploitation begins. What makes this a trafficking event is if the victim does not want to participate and then is forced to play along. It is important to note that initial consent by the victim does not make the victim culpable in the crime. At first, victims often do not have a clear understanding of what is happening, and out of fear or shame, do not self-identify or report their trafficking.
Traffickers who are not in jail often have incarcerated associates who owe the trafficker for some favor, or owe them money. In order to pay back the trafficker they are told to recruit inside the jail. They observe the other inmates for the trafficker, and try to identify individuals who may fit the vulnerability criteria the trafficker seeks. The external trafficker will have the facilitator begin to groom the victim, to locate the exploitable vulnerabilities. Communication with the trafficker is established and the relationship building begins. The victim might be trafficked to other inmates during the grooming process as a form of breaking them into the exploitation. External traffickers spend quite a bit of time checking out mugshots on public record websites to identify who might be a possible target for sex trafficking. Upon release, the trafficking cycle begins when the victim meets the trafficker. What is a jail to do? Luckily, there are ways to determine if HT is in the jail, and there are existing tools that can be utilized.
Prevention & Protection
The first line of defense takes place the moment an inmate enters the jail. Intake and processing are perfect times to be on the alert for persons who may already be tangled up in trafficking. Knowing the characteristics of HT victims is critical:
· Did they come in on a prostitution case? If so, she/he may already be trafficked. It is important to note that not all prostitution rises to the level of criminal HT. Either force, fraud or coercion must be present to meet the legal standard for trafficking.
· Does the victim have tattoos or branding that indicate prostitution, gang involvement, or pimping?
· Were they brought in on immigration issues? They could be involved in labor exploitation.
· Are they carrying multiple credit or debit cards?
· Are they carrying multiple phones?
· Do they lack documents, state ID’s, or have fraudulent documents?
· Do they have a large quantity of condoms or sex toys in their property?
· Do they have scars that indicate abuse or torture?
· Do they know the town or city where they are located?
· Do they possess the vulnerabilities that could make them fall into HT?
It is critical that jails develop screening questions that can help identify current or potential victims.
Next how do jails determine if a trafficking network is operating in the facility? Be aware of who visits the inmate. For example, it can be suspicious if a male visitor visits several female inmates during visiting days, or if an individual places funds into the books of multiple female inmates. Another red flag is the same number called from jail by multiple female inmates. Another sign is an increase in calls to the same phone number, especially when the inmate is close to release. Learn more about who is picking up inmates upon release. If multiple female inmates are being picked up by the same person this is a potential indicator of HT. Inmates with nowhere to go upon release are at elevated risk of being pulled into trafficking. Watch the mail, as traffickers often send detailed instructions to inside facilitators or mail intended to charm and manipulate potential victims. Know the pimps in the region, especially if any are currently housed inside the jail. While all of these are trafficking indicators, it is possible that they do not always lead to human trafficking.
Education of staff and inmates can help bring awareness to the problem. It is critical that all staff be trained about the crime of human trafficking. Numerous training options are available through local anti-trafficking organizations, law enforcement, and often the state attorney general’s office. Staff responsible for intake, property, and screening of mail and phone calls are first line defenders. Inmates also need education. This can be a powerful prevention tool.
Many victims do not realize they were trafficked. Inmates can also be a valuable source of intel about who may be facilitating or even trafficking within the jail. Gangs are becoming increasingly involved in the trafficking game. Know the gang members who are in the jail. Chances are good they are involved in human exploitation, particularly sex trafficking.
Reporting Human Trafficking
If HT is suspected or even confirmed, then what? There are multiple ways to report. Most large police forces have designated officers who work in anti-trafficking. Establish rapport with local police, including federal law enforcement, local prosecutors, probation and parole, and anti-trafficking organizations. A team approach helps with victim resources, more intel on traffickers, and could lead to possible prosecutions. HT cases can be challenging and difficult to prosecute. Sometimes traffickers can be arrested on other charges such as weapons, drugs, domestic violence, sexual assault. Know the state and federal trafficking laws in the area. Call the National Human Trafficking Hotline at 1-888-3737-888. They can assist with information about regional resources and law enforcement connections.
Uncovering and addressing human trafficking within jails can be a challenging task, but one that is sorely needed. Jail personnel and their support staff can be invaluable in the prevention and prosecution of the crime. Jail can sometimes be the first place a victim is identified and could receive protection. Don’t let victims slip through your fingers and be aware that human traffickers could be reaching inside your jail.
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Kris Wade is the executive director of the Justice Project, a nonprofit survivor organization in Kansas City, Missouri. She serves on the Sister Survivor Working Group of the US Catholic Sisters Against Human Trafficking. She is a past member of the Missouri Attorney General’s Human Trafficking Task Force, and a current member of the Kansas Attorney General’s Human Trafficking Advisory Board. She serves on the Coalition Against Human Trafficking sponsored by the Department of Justice Western District of Missouri. She provides peer support, advocacy, system navigation for female survivors of trafficking and offers training for law enforcement, courts, corrections, and the community. She is a survivor of a number of crimes against women. For more information, she can be contacted at Wachr7@aol.com.
References
Federal Bureau of Investigation. (n.d.). Human Trafficking Prosecution Unit. justice.gov. Retrieved March 21, 2023, from http//www.justice.gov
National Training and Assistance Center. (n.d.) Red Flags That May Indicate Human Trafficking. acf.hhs.gov. Retrieved March 21, 2023, from nhttac.acf.hhs.gov
Polaris Project. (n.d.). Understanding Human Trafficking. Retrieved March 21, 2023, from polarisproject.org
Shared Hope International. (n.d.) What is Sex Trafficking? sharedhope.org. Retrieved March 21, 2023, from www.sharedhope.org
Sisters Against Trafficking. (n.d.) Sisters Against Trafficking Prison Outreach Https// Sistersagainsttrafficking.org
Retrieved March 30, 2023, from https//sistersagainsttrafficking.org/wp-content/uploads/2021/08/Prison-Outreach-Brochure.pdf
U.S. Department of Homeland Security. (n.d.) Blue Campaign. www.dhs.gov. Retrieved March 21, 2from www.dhs.gov/blue-campaign