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