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Stemming The Tide: Human Trafficking

Federal law 18 U.S.C. Section 1591 prosecutes sex trafficking of children by force, fraud, or coercion and carries a mandatory minimum sentence of 15 years in prison. Indicators can fall into one of the three elements of force, fraud, or coercion and include:

• Loss of free will

• No control over documents

• No control over wages

• Unusual or unhealthy living conditions

• Behavior indicators

• Pimp-controlled prostitution

• Runaways

• Tough home life

• Indifferent about future

Illinois laws against human trafficking and juvenile prostitution are similar (720 ILCS 5/10-9 and 5/11-14.4 and 5/11-14.3). Knowledge of the age of the victim and elements of force or coercion mirror the federal statutes.

Investigating and Beyond

If you encounter a child prostitute, there are a few things to keep in mind:

Illinois law 720 ILCS 5/11-14(d) states that anyone younger than 18 is immune from

prosecution for prostitution. If you suspect that you’re dealing with a child prostitute, it is important to think of this child as a victim. The pimp should be the subject of the investigation.

It is recommended that you do not interview the child yourself, but rather call your local

Child Advocacy Center. Local Child Advocacy Centers have forensic interviewers on staff who specialize in minor victim interviews, and are trained in the skills required to speak to children who have been the victim of sexual or physical abuse. It is key that while you may need to get initial identifying information or basic facts from a minor who has been prostituted or sexually exploited, that you contact a forensic interviewer as soon as possible. The best results often come from having the child recount their experience with a single person and as few times as possible. It is also preferable that these interviews be videotaped.

The victim’s testimony is the most important evidence in a trafficking investigation, however, it alone is usually not enough for a conviction. It can be difficult to corroborate these cases, so it is important to look for unimpeachable sources of verification, such as audio or video recordings, computer records, phone records, or other documents supporting the victim’s testimony.

Victims of prostitution may tell inconsistent, fragmented, or contradictory stories due to

survival instinct, shame, fear, or even affection for their perpetrator, so it is important to utilize a forensic interviewer for these victims whenever possible.

If you do need to speak with a victim, refrain from communicating any judgment or assumptions about the victimization, avoid using labels and avoid using blaming statements.

There are many organizations that can help in your investigation and prosecution of these cases. The following are services available to help investigators and the victims of human trafficking:

National Human Trafficking Hotline: 1-888-373-7888

National Center for Missing and Exploited Children: 1-800-THE-LOST (1-800-843-5678)

National Children’s Advocacy Center: http://www.nationalcac.org/locator.html

STOP-IT (Salvation Army) {housing or essentials for victims}: 1-877-606-3158  You may also contact your local FBI office at (312) 421-6700 and ask for the Violent Crimes Against Children squad to report any cases of victimization.end_icon