Human Trafficking and the Commercial Sexual Exploitation of

Human Trafficking and the Commercial Sexual Exploitation of Children

Human Trafficking ● What is Human Trafficking ● Iowa Case ● Issues and Impact

● ● What is Human Trafficking? Iowa Code section 710 A Modern day slavery Two avenues Sex trade ● Forced labor ● Locations Everywhere ● Local, national, international ●

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 Investigating agency shall notify AG in writing about investigation ● ● AG shall notify USDOJ

Human Trafficking ● Leonard Russell ● 38 yoa ● Non-violent criminal history ● Charming

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 ● Who else could be included? ●

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 for 10 years ● Granted shock probation after obtaining GED ●

Language Issues Child prostitute vs. CSEC ● “Children do not just wander into prostitution or pornography. ” The process invariably requires the involvement of adults. ● Pimp = exploiter/sex offender ● John = exploiter/sex offender ● -Taya Moxley-Goldsmith ● ● There will not be a supply without the demand Prostitute = ● commercially sexually exploited child ● exploiter

● ● Victim Issues Who are the victims? Commercially sexually exploited children Average of entry is 12 Factors: ● Drug use by parents ● Runaways ● History of abuse/neglect ● “We’ve heard where it has been said that incest is boot camp for prostitution. ” ● Kristy Childs, Veronica’s Voice

Victim Issues ● Do not underestimate the trauma bonds or the “loyalty” the victim may have to the perpetrator

Victim Issues The victim may be the defendant ● The victim may be uncooperative ● The victim will not trust you ● The victim will probably lie to you ● The victim will have credibility issues ● The victim will probably be traumatized ●

Does it really happen here? n n Iowa is centered between Minneapolis, Omaha, Kansas City and Chicago, all known human trafficking hubs Increasing seasonal, immigrant and refugee population Iowa’s largest metropolitan areas connected by network of interstate highways reaching all four US borders Rural areas create “safe havens” for traffickers to operate undetected. Experts have described Iowa as “the perfect hiding place” for trafficking; n Rural environment with multiple interstate vehicle, bus and rail ways crossing through Iowa allowing high volume routes to be used causing decreased potential for detection n Low per capita law enforcement presence in the state n Public perception: “It’s not here” so we’re not looking for it.

One Day In Iowa (4/13/13) ¡ ¡ ¡ ¡ ¡ 200+ advertised escort services 140 advertised massage services / parlors 127 known adult entertainment services / businesses 14 Major Truck Stops 3 major commercial bus lines Amtrak 200+ private transportation and taxi companies Hundreds of hotels/motels All can be used to facilitate trafficking

Thank you for your time.