Child Exploitation (Criminal Justice)

What is Human Trafficking?

(Broad term: includes sex trafficking) is defined by the Trafficking Victims Protection Act, as the use of force, fraud, or coercion for the purpose of labor or sexual exploitation.

Domestic Minor Sex Trafficking

(Sex trafficking in the U.S) Commercial sexual exploitation of any American citizen or lawful permanent resident under the age of 18.

New York v. Ferber 1982

(legal definition concentrated on age). c.p is not protected by the first amendment. c.p is different from obscenity and is to be judged on a different standard. The material does not beed to appeal to the prurient interest of the average person. It is not required that sexual conduct portrayed be done so in a patently offensive manner. The material at issue need not to be considered as a whole. The government may regulate c.p w/o proving that it is obscene.

1880s in US, age consent for girls was just 10years old. in 1977, only 2 states had legislation outlawing the use of children in obscene material.

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Cyber Tipline: 3 Step Process

1) Operators review and prioritize each lead. 2) NCMEC's Exploited Children Division analyzes tips and conducts additional research. 3) The information is accessible to the FBI, ICE, and the USPIS via a secure Web connection. Information is also forwarded to the ICAC's and pertinent international, state, and local authorities.

What are the first reasoning of NY v. Ferber?

1) it is evident beyond the need for elaboration that a State's interest in safeguarding the physical and psychological wellbeing of a minor is compelling.

Human Trafficking Globally

12.3 million adults and children are forced into labor, bonded labor, and forced prostitution around the world. some estimates as high as 27 million. over 2 million children are subjected to prostitution in the global commercial sex trade.

Roth v. US 1957

1st case of obscenity. Obscene material is not protected by the first amendment. Court rule that material is obscene if, to the average person applying contemporary community standard, the dominant overall theme appeals to prurient interest.

Characteristics of Suspected Human Trafficking Incidents in US.

82% of suspected incidents of human trafficking were classified as sex trafficking. 40% of all incidents involved prostitution of a child or child sexual exploitation. 6% male, 94% female. 54% 17 or younger, 32% 18-24yrs old, 15% were 25+ 75% U.S citizen. 1% U.S resident, 14% Undocuments, 10% other.

FBI research finds...

97% of online child sexual exploitation offenders were collectors of c.p. Vast majority of c.p collations contained depictions of prepubescent children, with slightly more girls than boys.

What about boys as CSEC Victims?

Adolescent males comprise a significant segment of the pop. at risk. No reliable stats. (identifying boys as victims may be more difficult than identifying girls). Boys have same risk as girls, plus one—issues with sexual orientation. 25-35% of boys involved in CSEC, self-identify as gay, bisexual, transgender, or transsexual (its how people treat them. These boys are at increase to be homeless).

What are some long-term problems?

Adults who were sexually abused as children commonly experience; depression, high levels of anxiety, self-destructive behaviors, situation-specific anxiety disorders, insomnia, sexual dysfunction, sex offending.

What is the most significant difference btw the "real world" victim and a cyber victim?

Age. A national study found 99% victims of internet-imitated sex crimes were 13-17 years old and none were younger than 12. Offline child molestation includes a large proportion of victims younger than age 12.

What about behavior issues of preschoolers?

Anxiety, PTSD, depression, and inappropriate sexual behaviors.

What makes male CSEC victims different from girls?

Boys are less likely to have a pimp, but often have a peer network. Boys are also lured into CSE after having been initially solicited by customers, the majority of whom are adult men. In an effort to exert some sense of control, boys often present themselves as hustlers or escorts. Boys don't want to be seen as victims.

Other factors of boys as CSEC Victims?

Boys are more likely to be introduced to CSE by a peer who suggests that he can make quick money through prostitution.

Vulnerability/Immaturity

By mid-adolescence, most youths have had romantic partners and are preoccupied with dating. Face-to-Face peer relationships are where most youths learn to handle the decisions, emotions, and negotiations of romance and intimacy.

Revictimization

Child sexual abuse victims are more likely to be the victims of rape or to be involved in physically abusive relationships in adulthood.

Erotica?

Children in suggestive poses, sometimes undressed or partially dressed but not depicting sexual activity. Ex: Calvin Klein ads.

Miller v. California 1973

Court modified the test for obscenity established in Roth v. US. To be obscene, court must find: the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest; The work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; The work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

What are some symptoms of Sexual Abuse?

Depression, anxiety, guilt, fear, low self-esteem, mental illness, somatic complaints, PTSD

How Do predators look for recruitment?

Exploiters look for vulnerable children. Groom by playing on vulnerabilities (provide food, listen, show affection/attention, take home-be bf-provide "family", buy clothing). Coach: dance/sex. Instill sense they owe debt or need to help—or fear. Sometimes kidnap, violence, gang rape.

Collecting Statistics

FBI's National Incident Based Reporting System (NIBRS) allows for the tracking of crimes that involve pornography and child exploitation. Only a limited amount of inform. is currently available.

What about behavior issues of School-aged children?

Fear, depression, mental illness, aggression, nightmares, school problems, hyperactivity, regressive behaviors.

What happened in 1978? 1988?

First federal law concerning c.p was passed in 1978. First las that specifically referred to computers and c.p were passed in 1988.

Sexual Exploitation of Children Act (1978)

First federal law specifically dealing with c.p. Prohibited the manufacture and commercial distribution of obscene material involving minor under 16 (later changes to 18).

Professionals who may suffer secondary victimization because of their contact to the victims include?

First responder (includes police), investigators, medical personnel, Computer forensic technicians (pornography), Forensic Interviewers (CAC), Victim advocates, Mental health professionals, attorneys, judges, jury members, court personnel, teachers, etc.

Reduction of Symptoms

For some children, symptoms get worse over time (or appear if there were none earlier). Many symptoms decrease over time (does not mean trauma is resolved). Some symptoms get worse over time. Children with family support, particularly maternal support, recover more quickly. The criminal justice process affects symptoms.

Human Trafficking include:

Forced labor or services. slavery. forced removal of organs. compelled service. involuntary servitude. sexual exploitation.

Who are at risk?

Girls are considerably more at risk than boys for victimization by internet-imitated sex crimes. But boys who identify as gay or who are questioning their sexual orientations may be particularly susceptible to online victimization. The youths who visit chatrooms maybe more at risk than other youths.

What is the Trafficking Victims Protection Act of 2000?

Human trafficking is defined as the recruitment, harboring, transportation, provision or obtaining of a person. This is the first comprehensive federal law to combat human trafficking and help victims. Problem: no funding.

Activities of the Regional task forces and investigative satellites are coordinated by?

ICAC Task Force Board of Directors

What if a professional has been a primary victim in the past?

If a professional has been a primary victim in the past, trauma may reappear or offender. Professionals need resilience to be able to handle traumatic events. Person needs to detach, if not you can't do your job.

What more can be done?

Improve parental supervision of vulnerable children. Educate Potential victims about the tactics used by recruiters. Educate the public about the great harm caused by CSEC. Change laws to protect children and criminalize the trafficking and demand. Improve law enforcement responses to CSEC. Provide services and programs for victims.

ICAC: The problem

Internet crimes against children are a tremendous challenge for law enforcement.

Secondary trauma can manifest itself how?

Irritability, mood swings, cynicism (believing people are selfish and dishonest), avoiding clients or work, isolation, and questioning one's own spirituality.

What is PTSD?

Is a long term mental health condition often characterized by depression, anxiety, flashbacks, nightmares, and other behavioral and physiological symptoms. Follows an extreme traumatic stressor.

What is Debt Bondage?

Is when people are forced into labor or prostitution to pay unlawful debt. (consent to participate in prostitution is irrelevant if they are later forced into service through psychological manipulation or physical force).

Under the trafficking victims protecting act of 2000, obtaining a person for one of three purposes...

Labor or services, through the use of force, fraud, or coercion for the purposes of subjection to involuntary servitude, peonage, debt bondage, or slavery. A commercial sex act through the use of force, faux or coercion. Any commercial sex act, if the person is under 18 years old, regardless of whether any form of coercion is involved.

What are some risk factors for children?

Leaving home/homelessness/abandonment (runaways and throwaways) Unstable home life/neglect/violence. History of sexual abuse/physical abuse. Foster care/multiple placements. Substance abuse/family. Desire for a better life/money/goods/poverty. Need for love and attention/belong/independence. Risky behaviors/relationships. Mentally or emotionally challenged/undereducated. Homeless due to sexual orientation.

What are the three levels that CSE takes place?

Local exploitation by one or a few individuals. small regional networks involving multiple adults and children. Large national or international sex crime networks where children are traded and sold as commodities.

What are some devastating consequences on the child victims?

Long-lasting physical and psychological trauma (PTSD). Disease (HIV/AIDS). Drug addiction. unwanted pregnancy. Malnutrition. Social Ostracism (exclusion). Possible death.

What helps professionals?

Maintaining a light and humorous work environment. Steering clear of negative people with relationships. Haivng healthy relationships in personal and social life. Taking time to relax and enjoy simple things. Leaving work at the office.

Who are the victims?

Minors who are vulnerable are at the greatest risk/easy prey to predators. Mean age is 12-14yrs.

National Center for Missing and exploited children supports?

NCMEC supports the ICAC task force program with a wide range of activities to protect children in cyberspace.

National Center for Missing and Exploited Children

Offers courses for law enforcement agencies interested in improving their response to online crimes against children.

The Operation of CyberTipline

Operation began in March 1998. Reports may be 24 hours a day, 7 days a week at www.cybertipline.com or by calling 1-800-843-5678.

Important info. about professional victims

Positive coping mechanisms are important when dealing with work-related stress. Unhealthy outlets tend to create an even more stressful environment. It is important not to ignore symptoms of vicarious trauma.

What is the area of focus for the trafficking victims protection act?

Prevention: public awareness and education. Protection: benefits and services to help victims. Prosecution: created federal crime of trafficking and new enforcement tools.

Regional Task forces provide?

Regional task forces throughout the country provide forensic, prevention, and investigation assistance to parents, educators, prosecutors, law enforcement, and those professionals working on child victimization issues.

What are some behavioral issues due to sexual abuse?

Regressive behaviors, sleeplessness, nightmares, eating problems, aggression, problems at school, withdrawal for social activities, hyperactivity, delinquency, running away, self-destructive behavior.

Secondary trauma may affect?

Relationships may suffer. Physical symptoms may appear: headaches, hives, rashes, heartburn, may lead to serious health problems.

What is a strong indicator that a young child has been sexually abused?

Sexual behaviors; if the child has an inappropriate sexual knowledge, sexual interest, and sexual acting out by that child.

What's the impact of Sexual Abuse?

Sexually abused children and adolescence have more symptoms that non-abused children. They may suffer from a range of psychological and behavioral problems. Range: mild to severe. Time: short term and long term Some symptoms are specific to certain ages. Impact depends on a variety of factors.

What are some risks?

Social networking sites (Myspace, FB) do not appear to have increased the risk of victimization by online molesters. Online molesters do not appear to be stalking unsuspecting victims but rather continuing to seek youth who are susceptible to seduction. Patterns of risky online behavior make youths vulnerable.

Mandate for Limited Data collection

TVPRA now requires biennial data collection on human trafficking in the U.S Collection of data is very limited. There are a number of data quality issues.

Prior to the Internet, how did offenders collect?

The Postal service was the primary means of distributing c.p. (cost more, not as readily available) Sex Offenders used CB and Ham radios before the internet because children enjoyed the technology.

How do police respond to CSEC?

The child is most likely to be arrested. Less common to arrest the pimp or the "john". Child who has been exploited is often kept in detention centers and processed through juvenile justice system rather than being provided social services. Once released, they generally end up right back where they were.

What is the CyberTipline?

The cybertipline allows citizens to report suspicious activity on the internet. It is a means for reporting crimes against children.

What Prevention and intervention programs exist?

The national center for missing and exploited children has a cyber tip line. 40 regional task forces are funded by the office of juvenile justice and delinquency prevention. A federal law that requires internet service providers to report child pornography on their systems to NCMEC. The FBI's Innocent Images National Initiative targets CSEC crimes conducted via the Internet. A U.S Postal Service program focuses on child obscenity sent through the mail. The U.S Department of Homeland Security investigates human trafficking, using a victim-centered approach.

Who suffers the actual trauma?

The primary Victim

For impact of sexual abuse...

There is no one set of symptoms or outcomes that victims experience.

What is a problem with commercial exploitation data?

There is no reliable data and the number of victims remains largely unknown.

what problems do adolescence have who visit chatrooms?

They are more likely to have problems with their parents, to suffer from sadness, loneliness, or depression, to have histories of sexual abuse, and to engage in risky behavior than those who do not go to chatrooms.

What does a professional victim need to do?

They must find a way to cope with unpleasant situations to be useful to the victim (or offender) as well as to make their work rewarding rather than depressing or stressful.

Incidents reported to the Cyber Tipline online or by telephone go through?

Three-Step process

What are some Trafficking Laws?

Trafficking Victims Protection Act of 2000

South Carolina State Legislation

Trafficking in persons: SC Code of Laws, effective December 15, 2012. Criminalizes CSEC Interagency task force established. victim restitution. allows civil action by victim. Entitled to all appropriate forms of compensation available pursuant to the state crime victim's compensation fund. Allows forfeiture of traffickers property.

Response and symptoms are often the same, the experience of victims of online sexual abuse may be different than offline victims...

Victim response depends on same factors as face-to-face victims. Victims of online pornography may have unique problems.

Impact of Commercial Sexual Exploitation of Children

Victims of commercial sexual exploitation have symptoms similar to victims of other forms of sexual abuse. Circumstances often exacerbate the impact of sexual exploitation on these victims.

How may online victims differ?

Victims often find their own participation confusing. Guilt and self-blame are often more intense with online victims. With online pornography, there is a sense of continuing victimization, feelings of unsafeness, and feelings of being sexualized. (Remember: the pornography collectors who thought they did nothing wrong). Embarrassment. Sense of betrayal. sadness. feel responsible.

What if Sex Trafficking involves minors?

When commercial sexual acts involve a minor (under 18), there is no requirement for force, fraud, or coercion to have taken place.

Most internet initated sex crimes involve?

adult men who use the internet to meet and seduce underage adolescents into sexual encounters.

Secondary victim

are persons who come into contact with primary victims. People who work with children who have been sexually abused often suffer a form of secondary victimization from their exposure to the victim.

Commercial Sexual Exploitation of Children can occur,

cheap hotels, residential brothels, on the streets, crowed brothels, truck stops (have certain spots: Front-leave me alone, Middle: wanna sleep but will pay for right one, Back: invite prostitute). Strip Clubs: stripping, exotic dancing, lap dances, peep shows, sexual performances, pornography.

ICAC Task Force Board of Directors

composed of law enforcement managers and prosecutors appointed by agencies participating in the regional task force program, FBI, homeland security investigators, U.S Postal inspection service, and NCMEC serve as technical advisors

Professionals who work with offenders also experience secondary victimization by being exposed to the offenders history of offenses include:

defense attorneys, probation officers, mental health professionals, corrections caseworkers, parole officers, etc

What about behavior issues of adolescents?

depression, withdrawal from activities, suicidal behavior, self-injurious behavior, somatic complaints, illegal behavior, running away, substance abuse, promiscuity/prostitution.

Prolonged work with emotionally draining cases can bring about serious problems such as,

flashbacks, intrusive images, nightmares, sleep disorders, hyper vigilance (overprotective if parent), emotional turmoil.

(ICAC program): of 61 existing team, who runs it?

half are run by state agencies, and half situated in city or county agencies, with a "handful" run by small-to medium sized agencies.

What should professionals try to avoid?

heavy use of alcohol. drugs/self-medication. Isolation. Risky behaviors.

Hard Core

images of children (prepubescent) engaged in sexual activity.

What is Prurient?

intended to arouse an unwholesome interest in sexual matters.

SC ICAC Task Force

investigates and prosecutes child sexual exploitation. Provide statewide training to L.E and prosecutors in investigative and forensic areas. Distribute materials such as mouse pads, cups, pencils, etc. to promote their website which serves as a resource to parents, children, teachers, and L. E

ICAC program

is a national network of 61 coordinated task forces representing more than 3,000 federal, state, local, and tribal law enforcement and prosecutorial agencies.

What is C. P?

is an image of a prepubescent child in a sexual pose or engaging in sexual activity. These poses can be Erotica or Hard Core.

Virtual C.P?

is created completely by computer—no children were involved in the production.

What is the commercial sexual exploitation of children?

is sexual abuse of a minor for economic gain. It involves physical abuse, and the smuggling of children for unlawful purposes.

Facts about C. P

legal definition vary by jurisdiction. It is sexual exploitation that victimizes each time it is viewed for pleasure. Majority of c.p is of child under age of 12. Penetration is shown in large percent of c.p.

Cyber Child sexual exploitation victims often have?

low self-esteem, little online supervision, dysfunctional families, history of abuse.

Not Just online

many online sex offenders are also abusing readily available children and collecting c.p using older methods (mail, adult book stores, etc).

Isolation of online romances may lead to?

may lead to relationships that form more quickly, involve greater self-disclosure, and develop with greater intensity than face-to-face relationships among peers.

Most pornography collections contained?

multiple paraphilic themes such as bestiality, bondage, sadism, or urophilia.

Delinquency/Crime

people who were sexually victimized during childhood are at higher risk of arrest for committing crimes as adults, esp. prositution

Professionals working in the field must have clear outlets to talk about their work and the stresses it involves, with out?

subjecting family and friends to the stress. violating confidentiality. Divulging sensitive information.

Research about internet-intiated sex crimes make what clear?

that the stereotype of the internet child molester who uses trickery and violence to assault children is largely inaccurate.

SC ICAC Task Force is operated through?

the Attorney General's Office

ICAC Program is designed to do what?

to protect children in cyberspace and enhance the response of state and local law enforcement.

Where does this happen?

worldwide, All 50 states, major cities, rural areas, in your own state and town.

Who are vulnerable?

youths with histories of sexual or physical abuse and other troubled youths, may be particularly vulnerable to online solicitations.