REFERENCES FOR FACTS & ISSUES: HUMAN TRAFFICKING IN TEXAS

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1 REFERENCES FOR FACTS & ISSUES: HUMAN TRAFFICKING IN TEXAS A Study by the League of Women Voters of Texas Education Fund, Summer 2013 All URLs for websites were current as of publication. Some extremely long URLs were converted to shorter URLs using TinyURL.com for ease of access. Facts & Issues, page 1: Definition of human trafficking. The United Nations Convention Against Transnational Organized Crime and the Protocols Thereto, p. 42. See U.S. Department of State, Trafficking in Persons Report (TIP Report), See Challenge to estimate of 800,000 sex trafficking victims in the United States. See Human Trafficking: Better Data, Strategy, and Reporting Needed to Enhance U.S. Antitrafficking Efforts Abroad, U.S. Government Accountability Office, GAO , July 18, See National Human Trafficking Resource Center, calls from Texas. The National Human Trafficking Resource Center (NHTRC) Data Breakdown. Texas State Report January 1, 2012 to December 31, See Estimate of business value of trafficking. The CNN Freedom Project. Ending Modern Day Slavery. See Facts & Issues, page 2: Coordination, Collaboration, Capacity, Federal Strategic Action Plan on Services for Victims of Human Trafficking in the United States , April See Estimated profit from human trafficking in Texas is between $13,000 and $67,000. See Human Trafficking in Texas. More Resources and Resolve Needed to Stem Surge in Modern Day Slavery, A Report of the Texas Advisory Committee to the United States Commission for Civil Rights, August 2011, p. 3. See Texas Monthly. Mimi Swartz, The Lost Girls in Texas Monthly, April See Vanity Fair. Amy Fine Collins, Sex Trafficking of Americans: The Girls Next Door in Vanity Fair, May 24, See References for Facts & Issues: Page 1 of 5 Summer 2013

2 Houston and El Paso on DOJ s list as most intense human trafficking jurisdictions. See Brent Benoit, Locke Lord LLP, Houston Leads in Dark Statistic in The Houston Lawyer (Sep./Oct., 2019), p. 6. Estimate that less than 1 percent of all trafficking victims are ever rescued. Ed Gallagher, Assistant U.S. Attorney, Southern District of Texas, at presentation at Rice University, Nov. 14, Facts & Issues, page 3: Definition of prostitution. Texas Penal Code Chapter 43. See Estimates of number of international victims, adults and children, trafficked into the United States. Information from Dawn Lew, Esq., Children at Risk. Analysis of first language of caller to the National Human Trafficking Center s hotline. The National Human Trafficking Resource Center (NHTRC) Data Breakdown. Texas State Report January 1, 2012 to December 31, 2012, p. 8. See Discussion of myth that traffickers are kidnappers. This section is based on a presentation by Julie Waters, Director of Free the Captives, at Rice University, Nov. 14, Discussion of myth that buyers ( johns ) have no responsibility in the exploitation of victims. This section is based on a presentation by Julie Waters, Director of Free the Captives, at Rice University, Nov. 14, Facts & Issues, page 4: The Universal Declaration of Human Rights (1948) by the United Nations. See Palermo Protocols. The Palermo Protocols refer to the United Nations Convention against Transnational Crime and the Protocols Thereto: The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; the UN Protocol against the Smuggling of Migrants by Land, Sea and Air; and the UN Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition. See The significance of the Palermo Protocols is that it provided the template for federal and state laws as well as the recognition that international efforts are critical in the effort to stop human trafficking. Thirteenth Amendment to the U.S. Constitution (1865). "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." See References for Facts & Issues: Page 2 of 5 Summer 2013

3 Victims of Trafficking and Violence Protection Act (TVPA). In 2000 the U.S. Congress passed the Victims of Trafficking and Violence Protection Act (TVPA) (P.L ; codified in U.S.C. Title 18). See This link must be copied into browser. Federal regulations implementing the TVPA as amended are at 28 Code of Federal Regulations Part A number of areas in the federal code apply to combating trafficking such as civil rights, child exploitation, and fair labor laws. Also relevant to the sexual exploitation of children is the Child Exploitation and Obscenity Section (CEOS) of the Department of Justice. See Violence Against Women Act (VAWA), reauthorized March An Act to reauthorize the Violence Against Women Act of See 113s47enr/pdf/BILLS-113s47enr.pdf. Proactive policing. Sondie Simon, Human Trafficking and Florida Law Enforcement, Florida Department of Law Enforcement, Florida Criminal Justice Executive Institute, Mar See Effective street policing. Noy Thrupkaew, A Misguided Moral Crusade New York Times, Sept. 22, See Texas Alcoholic Beverage Commission. See The sign required for certain on-premise retail licenses can be found at Facts & Issues, page 5: Communications Decency Act. Passed in 1996, the CDA intended to regulate obscenity and indecency on the Internet. In 1997, the Supreme Court in a 9-0 decision declared the CDA unconstitutional as violating the First Amendment rights of free speech. Section 230, however, survived. This section specifically made sure that providers of an interactive computer service would not be treated as publishers of third-party content. Unlike publications like newspapers that are accountable for the content they print, online services would be relieved of this liability. See and follow the link to Legislative History. 200,000 American children who are at risk to be sex trafficked each year. Children at Risk, Child Trafficking. See One out of three runaways is lured into sex trafficking within 48 hours of leaving home. Children at Risk, The Future of Texas: A Report on the Status of Our Children, See p. 8. Facts & Issues, page 6: Nuisance suit in Harris County settled out of court. Mike Morris, Treasures settles with county attorneys too, Houston Chronicle, Jan. 29, See References for Facts & Issues: Page 3 of 5 Summer 2013

4 Florida case that put trafficker in prison for 30 years. Human trafficker sentenced to 30 years in prison, News Releases, ICE, Sept. 19, See Stabilize victims. Jim Felfe, Human Trafficking Unit Prosecutor, U.S. Department of Justice, Human Trafficking: Federal Investigation and Prosecution, presentation at the 2011 Human Trafficking Conference sponsored by the Texas Center for the Judiciary, June 20, See Victim-centered interviewing protocol. Interviewing Trafficking Victims: A Little Goes a Long Way, IIP Digital, June 27, See Facts & Issues, page 7: Senate Bill 92: Texas Senate Bill 92 (Van de Putte) An Act relating to the designation of a juvenile court and a program for certain juveniles who may be the victims of human trafficking. See Minnesota statute (2011) decriminalizing and diverting minors. Geist, Darren "Finding Safe Harbor: Protection, Prosecution, and State Strategies to Address Prostituted Minors," Legislation and Policy Brief, Vol. 4: Iss. 2, Article 3, Aug. 8, See Picture of taco truck in front of La Costeñita cantina. More pictures of the cantina and the arrested traffickers in the April 17, 2012, Houston Chronicle news article Teenage victims of sex traffickers will get money from sale of brothel. See Swedish government issued an evaluation. Evaluating the Swedish Ban on the Purchase of Sexual Services: The Anna Skarhed Report, Nordic Prostitution Policy Reform. See Others disagree [with the results of the Swedish report]. Noy Thrupkaew, A Misguided Moral Crusade New York Times, Sept. 22, See Reduce the Demand campaigns. One example is Reducing the Demand Campaign run by the Houston-based NGO Free the Captives. See Facts & Issues, page 8: Buyer Beware! You will be arrested! Harris County Sheriff s Office video. See References for Facts & Issues: Page 4 of 5 Summer 2013

5 Typically, it takes 76 hours to deprogram a victim. Kathryn Griffin-Townsend, Testimony before the Texas Joint Interim Legislative Committee on Human Trafficking, September 25, The website of Polaris Project has a state-by-state list of organizations under Resources. For a list of Texas shelters that take in victims of sexual assault, go to the Texas Association Against Sexual Assault at A Polaris Project survey found that the number of beds nowhere meets the needs of sex trafficking victims. See For all victims legal representation in court is needed to assert victim rights. There are a number of organizations that offer legal aid. Examples are: Lone Star Legal Aid ( Texas Rio Grande Legal Aid, Inc. ( Legal Aid of Northwest Texas ( ); and Texas Free Legal Aid Organizations ( Facts & Issues, page 9: Sex trafficking victims were awarded restitution from the sale of the traffickers properties and assets. Lisa Olsen, Teenage victims of sex traffickers will get money from sale of brothels, Houston Chronicle, April 17, See Senate Bill 94. Texas Senate Bill 94 (Van de Putte) An Act relating to civil liability for compelled prostitution and certain promotion of prostitution. See T-visa. International victims of human trafficking can qualify under the TVPA for a T-visa, which allows the victim to remain legally in the United States and receive legal and human services. Qualifying family members can also receive a T-visa. For more information go to the U.S. Citizenship and Immigration Services website. See Child Protective Services is usually involved only if the child is being directly trafficked by a family member. Emily Foxhall, New Facility Is Haven for Victims of Sex Trafficking, The Texas Tribune, July 16, See Facts & Issues, page 10. Quotation by Former U.S. Secretary of State Hillary Clinton. Hillary Clinton, Trafficking in Persons Report, U.S. State Department, June 2012, p. 2. See and follow link 2012 Report and then Introductory Material (PDF). References for Facts & Issues: Page 5 of 5 Summer 2013