The National Strategy for Child Exploitation Prevention and Interdiction

The National Strategy for Child Exploitation Prevention and Interdiction The National Strategy for Child Exploitation Prevention and Interdiction

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a criminal to prostitute a child (which involves supplying the child with her primary needs offood, clothes, and shelter) than to commit other crimes such as drug dealing (which require alarge capital investment up front to acquire the contraband). In fact, the profitability of childprostitutes to the pimp has increased as Internet advertising and web-enabled cell phones haveaided pimps in reaching a larger client base; they can schedule more sexual encounters per child.Many pimps increase their profits by working in loose affiliation with each other, sharinginformation about “hot spots” where there is higher demand; the traffickers transport the childrento those locations. Pimps increase their profits by transporting prostituted children to host citiesfor major sporting events and conventions and to cities with consistent tourist populations, suchas Las Vegas. For example, Internet advertisements for child victims of prostitution rose sharplyin February 2009 in advance of the Super Bowl. The various locales where children aretransported for prostitution collectively are known as circuits. Traveling through an establishedcircuit of cities allows pimps to provide children to a fresh set of clients for a short period beforecontinuing to the next city. The transitory nature of the crime also adds to the law enforcementchallenge. Because pimps and their child victims are constantly on the move, it can be difficultfor local law enforcement to begin building a case. It can also be difficult for law enforcement tomake the necessary connections: for example, that the same victim has come into contact withlaw enforcement in cities on opposite sides of the country.Determining the number of child prostitution-related prosecutions simply based on case statisticsis difficult because at both the federal and state levels, certain criminal provisions could beapplied both to cases involving a prostituted child and to cases involving the noncommercialsexual exploitation of a child. For example, at the state level, a customer could be charged withthe statutory rape of a child rather than soliciting sex from a child. Under federal law,transporting a child for any illegal sexual activity, which could be prostitution but also could bemolestation, is a crime. While it is possible to determine the number of prosecutions under agiven statute, that data does not indicate which of the cases involved commercial sex acts;therefore, the statistical data based on prosecutions is unavoidably imprecise.Officials report that prosecutions are very resource-intensive, requiring a large investment ininvestigative, prosecutorial, and victim-service resources. Nevertheless, law enforcementpressure on pimps is increasing. For example, since its inception in 2003, the Innocence LostNational Initiative (ILNI) 63 has located and recovered 918 children, resulting in 369 indictmentsand 554 convictions of traffickers in the federal and state criminal justice systems, disruption of92 criminal enterprises disrupted, and dismantling of 44 criminal enterprises. When prosecutedfederally, pimps face serious charges such as violation of the Mann Act 64 , the Racketeer63 The ILNI is a nationwide initiative among the NCMEC, FBI, DEPARTMENT /Child Exploitation and ObscenitySection (CEOS), and their state and local partners to focus on child victims of domestic commercial sexualexploitation in the United States. As part of the initiative, the FBI created task forces in areas where domesticcommercial sexual exploitation is prevalent and the NCMEC, FBI, and Department through CEOS developedspecialized training courses focused on domestic commercial sexual exploitation prosecution and victim assistance.64 The Mann Act prohibits, among other offenses, knowingly transporting an individual across state lines for thepurposes of prostitution or criminal sexual activity. The act has been amended several times to provide increasedprotection for sexually exploited minors and enhanced penalties for child sex traffickers.33

Influenced and Corrupt Organization Act (RICO) 65 , or the Trafficking Victims Protection Act of2000 (TVPA), and may receive lengthy sentences. 66 For example, four life sentences and severalsentences ranging from 30 to 45 years have been awarded to pimps convicted through ILNIinvestigations.The shortage of adequate resources for victims has an impact on the number of prosecutions.While obtaining a conviction against a pimp if the victim does not testify is possible, it iscertainly much more difficult. The lack of adequate resources is a problem in its own right as itmeans the victims are not provided the treatment they need to begin the recovery process. Inaddition, if victims are not stabilized, they are much less likely to be able to participateeffectively in the criminal justice process. If they cannot testify and the defendant is acquitted oris not prosecuted in the first instance, the defendant will be able to continue his exploitation ofthat child or of other children. Services are needed to ensure the victim can be involved in theprosecution, and the prosecution is needed to eliminate the defendant’s ability to keep hurting thechild, so she can further her recovery.3. Child victims of prostitution—the victims of commercial sexualexploitation—are more likely to be arrested than are the child sex traffickersor client sex offenders.Clients of child victims of prostitution are, in fact, child sex offenders; however, this form ofchild sexual exploitation often goes unpunished. In fact, the exploited child victim of prostitutionis much more likely to be arrested for prostitution offenses than is the offender. For example, a2005 study for Congress showed that in Boston, 11 female prostitutes (adult and child) werearrested for each male client arrest; in Chicago, the ratio was 9 to 1; and, in New York City, theratio was 6 to 1. Part of the disproportionate arrest ratios are attributed to misinformationprovided to officers by the children; that is, the children will represent themselves to be adults,and may provide false identification. Pimps typically provide child victims of prostitution withfalse identification that indicates an adult age and the pimps instruct the children to lie abouttheir ages if arrested.Similar to client offenders, pimps usually evade arrest and prosecution, primarily by avoidingdetection altogether. When they are arrested, they often serve a minimum amount of time inprison or have their cases reduced to misdemeanors. Pimps typically operate within insulargroups, supported by a network of independent but cooperative pimps. The transitory nature oftheir crime reduces the likelihood that a local law enforcement agency will be able to buildenough investigative intelligence to make the case. Pimps share information regarding lawenforcement operations, and if a pimp is arrested, other pimps often provide support bymaintaining the arrestee’s operations. Moreover, a child victim of prostitution, if arrested or65 The RICO statute provides for enhanced penalties for individuals engaged in organized criminal behavior.Offenders found guilty of racketeering under the RICO statute are subject to extended sentences and fines and mustforfeit all interest and property derived from the racketeering activity.66 The TVPA is the first federal law specifically enacted to protect victims of human trafficking and to prosecute theindividuals who traffic them. The act defines one of the severe forms of trafficking in persons as “sex trafficking inwhich a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform suchact has not attained 18 years of age.” Subsequent reauthorizations also provide for enhanced services for victims ofsex trafficking.34

Influenced <strong>and</strong> Corrupt Organization Act (RICO) 65 , or the Trafficking Victims Protection Act of2000 (TVPA), <strong>and</strong> may receive lengthy sentences. 66 For example, four life sentences <strong>and</strong> severalsentences ranging from 30 to 45 years have been awarded to pimps convicted through ILNIinvestigations.<strong>The</strong> shortage of adequate resources <strong>for</strong> victims has an impact on the number of prosecutions.While obtaining a conviction against a pimp if the victim does not testify is possible, it iscertainly much more difficult. <strong>The</strong> lack of adequate resources is a problem in its own right as itmeans the victims are not provided the treatment they need to begin the recovery process. Inaddition, if victims are not stabilized, they are much less likely to be able to participateeffectively in the criminal justice process. If they cannot testify <strong>and</strong> the defendant is acquitted oris not prosecuted in the first instance, the defendant will be able to continue his exploitation ofthat child or of other children. Services are needed to ensure the victim can be involved in theprosecution, <strong>and</strong> the prosecution is needed to eliminate the defendant’s ability to keep hurting thechild, so she can further her recovery.3. <strong>Child</strong> victims of prostitution—the victims of commercial sexualexploitation—are more likely to be arrested than are the child sex traffickersor client sex offenders.Clients of child victims of prostitution are, in fact, child sex offenders; however, this <strong>for</strong>m ofchild sexual exploitation often goes unpunished. In fact, the exploited child victim of prostitutionis much more likely to be arrested <strong>for</strong> prostitution offenses than is the offender. For example, a2005 study <strong>for</strong> Congress showed that in Boston, 11 female prostitutes (adult <strong>and</strong> child) werearrested <strong>for</strong> each male client arrest; in Chicago, the ratio was 9 to 1; <strong>and</strong>, in New York City, theratio was 6 to 1. Part of the disproportionate arrest ratios are attributed to misin<strong>for</strong>mationprovided to officers by the children; that is, the children will represent themselves to be adults,<strong>and</strong> may provide false identification. Pimps typically provide child victims of prostitution withfalse identification that indicates an adult age <strong>and</strong> the pimps instruct the children to lie abouttheir ages if arrested.Similar to client offenders, pimps usually evade arrest <strong>and</strong> prosecution, primarily by avoidingdetection altogether. When they are arrested, they often serve a minimum amount of time inprison or have their cases reduced to misdemeanors. Pimps typically operate within insulargroups, supported by a network of independent but cooperative pimps. <strong>The</strong> transitory nature oftheir crime reduces the likelihood that a local law en<strong>for</strong>cement agency will be able to buildenough investigative intelligence to make the case. Pimps share in<strong>for</strong>mation regarding lawen<strong>for</strong>cement operations, <strong>and</strong> if a pimp is arrested, other pimps often provide support bymaintaining the arrestee’s operations. Moreover, a child victim of prostitution, if arrested or65 <strong>The</strong> RICO statute provides <strong>for</strong> enhanced penalties <strong>for</strong> individuals engaged in organized criminal behavior.Offenders found guilty of racketeering under the RICO statute are subject to extended sentences <strong>and</strong> fines <strong>and</strong> must<strong>for</strong>feit all interest <strong>and</strong> property derived from the racketeering activity.66 <strong>The</strong> TVPA is the first federal law specifically enacted to protect victims of human trafficking <strong>and</strong> to prosecute theindividuals who traffic them. <strong>The</strong> act defines one of the severe <strong>for</strong>ms of trafficking in persons as “sex trafficking inwhich a commercial sex act is induced by <strong>for</strong>ce, fraud, or coercion, or in which the person induced to per<strong>for</strong>m suchact has not attained 18 years of age.” Subsequent reauthorizations also provide <strong>for</strong> enhanced services <strong>for</strong> victims ofsex trafficking.34

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