Human Trafficking and the Commercial Sexual Exploitation of
- Slides: 24
Human Trafficking and the Commercial Sexual Exploitation of Children
Human Trafficking ● What is Human Trafficking ● Case and Legal Analysis
What is Human Trafficking? ● ● Iowa Code section 710 A Modern day slavery ● Two avenues ● Sex trade ● Forced labor
Iowa Code section 710 A ● Human trafficking means participation in a venture to recruit, harbor, transport, supply provisions, or obtain a person for any of the following purposes:
Purposes Commercial Sexual Activity ● 18 and older – force, fraud, coercion ● Under 18 – the act itself ● Forced Labor or service that results in involuntary servitude, peonage, debt bondage, or slavery ●
Punishment Most acts are punishable as a “D” felony ● Exceptions: ● Victim is under the age of 18 ● ● “C” felony ● Causing or threatening to cause serious physical injury ●“C” felony if victim over 18 ●“B” felony if victim under 18
● Other Things to Consider Affirmative defense Defendant committed violation under compulsion by another’s threat of serious injury ● Must be a reasonable belief that injury was imminent ● ● Restitution ● Gross income of defendant or value of labor or services performed by victim to be considered
Human Trafficking ● Leonard Russell ● 38 years old ● Non-violent criminal history ● Charming ● Father
Elements: Human Trafficking During August of 2007, the defendant did knowingly participate or aid and abet the participation in a venture to recruit, harbor, transport, or supply provisions for the purpose of commercial sexual activity of Ashley or Caitlin. ● Ashley and Caitlin were under the age of 18. ●
Element 1: Venture means any group of two or more persons associated in fact. ● No question that defendant and Jazzie were associated ● ● Bottom Bitch
Defendant and Jazzie Ventured to: ● ● Recruit ● ● Jazzie met the girls at the pool – she seemed “cool” Jazzie was told they were 17 and runaways Jazzie provides marijuana Defendant shows up and gives them a way out Harbor Defendant paid for their rooms ● Defendant provided them false identification ● Defendant assisted them from being detected by the authorities ●
Defendant and Jazzie Ventured to: ● Transport ● ● Three states, six cities, and the provision of all forms of transportation Supply Provisions ● Defendant bought their food, clothes, and necessity items
● For What Purpose? Commercial Sexual Activity: ● Any sex act or sexually explicit performance ● For which value is given, promised to, or received by any person ● Includes prostitution, pornography, and performance in strip clubs
Commercial Sexual Activity Prostitution ● Davenport (vaginal intercourse) ● Denison (vaginal intercourse and “hand job”) ● Performance in strip clubs ● Denison ●
Element 2: Age The State must prove that Ashley and Caitlin were under the age of 18 ● Ashley’s date of birth is July 15, 1992 ● Caitlin’s date of birth is April 8, 1991 ● During August of 2007 they were under the age of 18 ● Defendant’s claimed ignorance of or belief that Ashley or Caitlin were older is no defense ●
Evidence ● No detail is too small ● Corroborate, corroborate ● Types of evidence: ● Hotel records
Evidence ● No detail is too small ● Corroborate, corroborate ● Types of evidence: Hotel records ● Internet records ●
● ● Evidence No detail is too small ● Corroborate, corroborate Types of evidence: Hotel records ● Internet records ● Corroborating witnesses ● ● Club manager ● 3 Hispanic males and a white Mustang ● Hotel manager
● ● End Result Russell Guilty on all counts (OCC, HT, Pandering) ● Faced 65 years – sentenced to 25 years ● State v. Russell, 2010 WL 786207 (Iowa App. ) ● Ryan Picked up during middle of Russell trial ● Offered deal in exchange for proffer ● Sentenced on Pandering charge to 10 years ● Granted shock probation after obtaining GED ●
Thank you for your time.
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