Human Trafficking and Modern Day Slavery in Ohio By Kathleen YS Davis Released: February 2006

This is an independent research project created to provide background information on human trafficking and examine its prevalence in Ohio. The project was produced with the assistance of various persons with credible knowledge of human trafficking. Kathleen YS Davis is a graduate student at Wright State University and the Polaris Project Ohio Coordinator. The Polaris Project is a multicultural grassroots organization combating human trafficking and modern-day slavery. It is based in Washington D.C. For more information on this project, contact: Kathleen YS Davis [email protected]

Table of Contents______________________________________________________________

Introduction………………………………………………………………………………………..4 Why the Need for Ohio Human Trafficking Law?..........................................................................5 • Geography…………………………………………………………………………………5 Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] ight Polaris Project, 2007. All Rights Reserved. © Copyright

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• Demographics……………………………………………………………………………..6 • Military Bases……………………………………………………………………………..7 • Domestic Prostitution of Minors...………………………………………………………...8 • Migrant Labor……………………………………………………………………………..9 Four Major Trafficking Myths…………………………………………………………………...10 What People Are Trafficked For…………………………………………………………………10 Trafficking in Persons Legal Definitions………………………………………………………...10 Legal Definitions Explained: Elements of the Crime of Trafficking in Persons………………...12 • Examples of Means (Force, Fraud and Coercion)……………………………………….12 Trafficking v. Smuggling………………………………………………………………………...13 Reasons Why Trafficking Victims Do Not Leave……………………………………………….13 Commercial Sex Networks Profile………………………………………………………………14 • Street Prostitution Networks: Pimp Control …………………………………………….15 • Korean Massage Parlors…………………………………………………………………18 • Latino Residential Brothels………………………………………………………………20 Brief Analysis: Ohio Research Memorandum Concerning Human Trafficking………………...22 Conclusion……………………………………………………………………………………….24 Acknowledgements………………………………………………………………………………25 Appendix…………………………………………………………………………………………26 • Appendix A: Map of States’ Efforts on Human Trafficking…………………………….26 • Appendix B: Human Trafficking Research Memorandum………………………………27 • Appendix C: Comprehensive Model Law for Human Trafficking Legislations………...35 • Appendix D: Ohio News Articles and John Board Comments…………………………..49 o Undercover Officers, Deputies Bust Alleged Prostitution House..........................49 o Crackdown exposes Toledo as a hub of teen prostitution……………………….50 o Baptist pastor accused of raping Thai immigrant……………………………….56 o U.S. indicts 4 in prostitution operation…………………………………………..56 o Man charged with acting as pimp to juvenile prostitutes………………………..57 o Accused pimp is indicted in killing………………………………………………59 o Police Bust Suspected Brothels…………………………………………………..60 o New Details On Alleged Prostitution Ring………………………………………60 o Woman Who Allegedly Ran Brothel Turns Herself In…………………………...61 • Appendix E: Trafficking Victims Protection Reauthorization Act of 2005……………..63 o Title II Combating Domestic Trafficking in Persons (End Demand)……………63

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“Our ability to combat [human trafficking] as it occurs in other countries has limits, but our commitment to eradicating it within our own borders should have none.” – Rep. Deborah Pryce 1

Introduction___________________________________________________________________ Human trafficking for the purposes of sexual and labor exploitation is a direct violation of human rights, but continues to be a major industry in the United States where people are subjected to degradation, humiliation, physical abuse and psychological manipulation. Every year, between 14,500 to 17,500 foreign men, women and children are trafficked into the United States. 2 Within the United States, many more American citizens are victims of internal trafficking, most of who are minors. One groundbreaking study indicated that each year between 100,000 and 300,000 children in the United States are at high risk of commercial sexual exploitation. 3 The National Runaway Switchboard further states that there are between 1,300,000 and 2,800,000 runaway and/or homeless youth living on the streets every day 4 — making many extremely vulnerable to instances of trafficking. Forty eight of the fifty states have seen elements of trafficking 5 , many of which were never treated as such by law enforcement or other legal entities because of the lack of awareness. 6 Trafficking victims, particularly those enslaved in the sex industry, are found nationwide in urban, suburban, rural settings, and areas surrounding military bases. 7 Most are invisible victims because of their precarious position of either being undocumented immigrants or seen as social degenerates who voluntarily enter the sex industry.

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U.S. House of Representatives. (2005). Measure Championed by Pryce to Fight Domestic Sex Trafficking Passes U.S. House. Retrieved December 15, 2005, from http://www.house.gov/pryce/press%20releases/121405_trafficking.htm 2 U.S. Department of State. (2005) Victims of trafficking and violence protection act of 2000: Trafficking in persons report June 2005: U.S. Department of State. 3 Estes, R., & Weiner, N. A. (2001) Commercial Sexual Exploitation of Children in the U.S., Canada and Mexico. Retrieved December 10, 2005, from http://caster.ssw.upenn.edu/~restes/CSEC_Files/Complete_CSEC_020220.pdf 4 U.S. Department of State. (2005) Trafficking Victims Protection Reauthorization Act of 2005: U.S. Department of State. 5 Florida State University Center for the Advancement of Human Rights. (2003) Florida Responds to Human Trafficking. Retrieved December 11, 2005, from http://www.humantrafficking.org/countries/eap/united_states/resources/pubs/2005_09/florida_responds2human_traf ficking_fsu.pdf 6 Webber, A., & Shirk, D. (2005). Hidden victims: evaluating protections for undocumented victims of human trafficking. Immigration Policy: In Focus, 4.8. Retrieved Jan 15, 2006, from http://www.ailf.org/ipc/infocus/2005_hiddenvictims.pdf. 7 Raymond, J. G., Hughes, D. M., & Gomez, C. J. (2001). Sex trafficking of women in the United States: International and domestic trends. Retrieved December 19, 2005, from http://www.uri.edu/artsci/wms/hughes/sex_traff_us.pdf

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Why the Need for Ohio Human Trafficking Law?___________________________________ Like many other states, Ohio has and continues to experience incidents of human trafficking in forms of forced labor and commercial sexual exploitation. Often times, however, local and state law enforcement agencies are unaware, lack training in identifying human trafficking related cases and have little or no budget to address the problem. As a result, many victims have received no legal protections and are often treated as criminals. This has assured traffickers that they face little to no legal ramifications and so continue to exploit their victims. In the case of Ohio, various factors and emerging evidence indicates that it is a source, transit and destination state for trafficked persons. Listed below are several significant examples that likely contribute to trafficking incidents in Ohio. Geography: Ohio’s proximity to the Canadian border makes it an excellent port of entry for international trafficking. International trafficking into the United States often occurs along the Canadian and Mexican borders to the United States. Once the women are in Canada, their traffickers use various modes of transportation (e.g. boat, car, train or by foot) to bring them into the US. 8 Although Ohio is not physically landlocked to Canada, the presence of Lake Erie may allow traffickers to transport women with less detection compared to overland crossings. Ohio’s relative nearness to Toronto may be key in the degree of trafficking. Toronto’s international airport has been identified as a major hub for international trafficked persons, particularly people from Central and Eastern Europe. 9 Cleveland has also been recognized as an emerging hub for international human trafficking. 10 Both cities also have been identified by law enforcement as having ties to Russian organized crime groups. 11 Russian organized crime has been connected to human trafficking rings worldwide. 12 Ohio’s extensive highway system (e.g. I-70, I-71 or I-75) also encourages traffickers to pass through or establish illegal enterprises that exploit trafficked victims. Internal trafficking of victims can be local, regional or national and so traffickers depend heavily on the interstate highway system. One study indicated that in the Midwest, women are most often trafficked

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Raymond, J. G., Hughes, D. M., & Gomez, C. J. (2001). Sex trafficking of women in the United States: International and domestic trends. Retrieved December 19, 2005, from http://www.uri.edu/artsci/wms/hughes/sex_traff_us.pdf 9 Richard, A. (1999). International Trafficking in Women to the United States: A Contemporary Manifestation of Slavery and Organized Crime. Retrieved December 12, 2005, from http://www.cia.gov/csi/monograph/women/trafficking.pdf 10 Richard, A. (1999). International Trafficking in Women to the United States: A Contemporary Manifestation of Slavery and Organized Crime. Retrieved December 12, 2005, from http://www.cia.gov/csi/monograph/women/trafficking.pdf 11 Center for Strategic and International Studies. (1997) Russian Organized Crime. Retrieved December 8, 2005, from http://www.russianlaw.org/roc_csis.pdf 12 Williams, P. (1999). Illegal Immigration and Commercial Sex: The New Slave Trade. London, Frank Cass.

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within the region and to the East and West Coasts. 13 In a congressional testimony, Tina Frundt, Street Outreach Specialist for Polaris Project, further elaborated on regional trafficking through her personal experiences as a minor being prostituted out by her pimp. She had been trafficked from Chicago to Cleveland and then onto other Midwestern cities. 14 Recent prostitution busts that involved Ohioans also highlight the regional movement of trafficked individuals, particularly of minors forced to prostitute themselves out. In 2003, a seventeen year old girl escaped from her pimp and went to the authorities for help. She had been abducted in Cleveland and trafficked into Detroit where she was forced to prostitute herself. 15 In 2005, two major prostitution cases in Detroit and Harrisburg involved young girls trafficked from Toledo. 16,17 Demographics Ohio is the seventh most populous state with over 11 million inhabitants. 18 Although there is a relatively small immigration population compared to Whites and African Americans, their presence has been growing. Ohio’s 2000 census indicated that there was a 54.4% increase in the Hispanic population and a 48.5% increase in the Asian population since the 1990 census. 19 The population size and its growth do not always include estimates of undocumented migrants 20 and so the overall immigrant population may be larger in Ohio. Immigrant communities create optimal conditions to smuggle and traffic others because of the ability to blend in with the community. 21 Cuyahoga County and Franklin County have the highest concentration of Asians 22 and two of their major cities (Cleveland and Columbus) have become popular among johns

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Raymond, J. G., Hughes, D. M., & Gomez, C. J. (2001). Sex trafficking of women in the United States: International and domestic trends. Retrieved December 19, 2005, from http://www.uri.edu/artsci/wms/hughes/sex_traff_us.pdf 14 Frundt, T. (2005) Testimony of Tina Frundt Before Subcommittee on Domestic and International Monetary Policy, Trade, and Technology Committee on Financial Services United States House of Representatives. Retrieved December 2, 2005, from http://www.polarisproject.org/polarisproject/GN_p3/InfoPkt/TFrundt_testimony.pdf 15 Human Rights Center & Free the Slaves (2004). Hidden Slaves: Forced Labor in the United States. Retrieved December 18, 2005, from http://www.hrcberkeley.org/download/hiddenslaves_report.pdf 16 Shepardson, D. (2005). U.S. indicts 4 in prostitution operation. The Detroit News. Retrieved December 15, 2005, from http://www.detnews.com/apps/pbcs.dll/article?AID=/20051215/METRO/512150343/1006/METRO01 17 Scolforo, M. (2005). Man charged with acting as pimp to juvenile prostitutes. Associated Press. Retrieved Dec 11, 2005, from http://www.philly.com/mld/philly/13371043.htm 18 U.S. Census Bureau (2000). Census 2000 Data for the State of Ohio. U.S. Census Bureau. Retrieved January 03, 2006, from http://www.census.gov/census2000/states/oh.html 19 U.S. Census Bureau (2000). Census 2000 Data for the State of Ohio. U.S. Census Bureau. Retrieved January 03, 2006, from http://www.census.gov/census2000/states/oh.html Change calculated using 2000 and 1990 census figures (Time 2 – Time 1) / (Time 1) x 100 20 U.S. Census Bureau (2001). Evaluating Components of International Migration: The Residual Foreign Born. U.S. Census Bureau. Retrieved January 05, 2006, from http://www.census.gov/population/www/documentation/twps0061.html 21 Richard, A. (1999). International Trafficking in Women to the United States: A Contemporary Manifestation of Slavery and Organized Crime. Retrieved December 12, 2005, from http://www.cia.gov/csi/monograph/women/trafficking.pdf 22 U.S. Census Bureau (2000). Table 5 population by race and Hispanic or Latino origin, for the 15 largest counties and incorporated places in Ohio: 2000: U.S. Census Bureau. Retrieved January 11, 2006, from http://www.census.gov/Press-Release/www/2001/tables/oh_tab_5.PDF

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seeking Asian massage parlors acting as fronts to brothels. 23 The presence of over 110 Ohio universities and numerous international corporations supply a constant flow of foreign nationals traveling in and out of the state. For example, Ohio State University alone has the seventh largest international student population in the nation. 24 This constant movement of foreign nationals provides a venue for traffickers to move their victims with little detection or suspicion, especially if the victims carry work or student visas. Gender disparity, particularly among the Hispanic population, from earlier migration also plays a factor in trafficking. Traffickers take advantage of the higher male to female ratio and traffic women to cater to men’s demands. 25 Although Latino residential brothels have yet to be identified by Ohio authorities, there is a high probability they exist in areas heavily populated by Hispanics. In Ohio, poverty among minorities, women and children make them vulnerable to exploitation and trafficking. In 2004, over 619,260 minorities, 958,040 women, and 642,630 children lived in poverty. 26 Poverty limits access to resources and information, which limits other opportunities such as education or employment. 27 The Coalition for the Homeless in Ohio further estimates that over 60,000 Ohio children will experience homelessness this year alone. 28 Oftentimes, people living in these substandard situations feel they have no choice, but to risk their safety in order to survive. Some may resort to survival sex to gain access to food, shelter, protection and other necessities while others may resort to criminal activities (e.g. theft or selling drugs). 29 Because of their precarious situation, traffickers can easily manipulate those desperate to escape poverty with promises of better jobs and lifestyles. Military Bases Ohio is home to Wright Patterson Air Force Base, which is one of the largest and most important military bases in the United States. The base has a workforce of over 22,000 people and has over 70 military units. It is the second largest medical center in the Air Force, fifth largest employer in Ohio and the largest employer at a single location. 30 Wright Patterson and its surrounding communities are also a likely destination for trafficking victims. “U.S. military bases represent some of the greatest demand sites for sex services…where the bases have created 23

World Sex Guide (2005). Sex Guide Ohio. Retrieved January 07, 2006, from http://www.worldsexguide.com/guide/North_America/United_States/Ohio/index.htm 24 Ohio State University (2005). International Students and Scholars. Ohio State University. Retrieved January 16, 2006, from http://www.oie.ohio-state.edu/int_students/ 25 Polaris Project (2005). Commercial Sex Networks-Supplement: Descriptions of Trafficking Operations. Polaris Project 26 The Henry J Kaiser Family Foundation (2005). Ohio: People in Poverty. The Henry J Kaiser Family Foundation. Retrieved January 14, 2006, from http://www.statehealthfacts.kff.org/cgibin/healthfacts.cgi?action=profile&category=Demographics+and+the+Econo my&subcategory=People+in+Poverty&topic=&link_category=&link_subcategory=&link_topic=&welcome=0&are a=Ohio¬es=show&printerfriendly=0#pagetopic6 27 Grant, A. (1999). The Commercial Sexual Exploitation of Children. Retrieved December 07, 2005, from http://www.aic.gov.au/conferences/children/grant.pdf 28 Coalition of homeless (2005). COHHIO Projects. Retrieved January 17, 2006, from http://www.cohhio.org/projects/projects.html 29 Estes, R., & Weiner, N. A. (2001). Commercial Sexual Exploitation of Children in the U.S., Canada and Mexico. Retrieved December 10, 2005, from http://caster.ssw.upenn.edu/~restes/CSEC_Files/Complete_CSEC_020220.pdf 30 Wright Patterson Air Force Base (2005). About WPAFB. Wright Patterson Air Force Base. Retrieved December 28, 2005, from http://www.wpafb.af.mil/about.html Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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the market for an infrastructure of sex clubs, brothels and massage parlors similar to those found near military bases abroad.” 31 Women, particularly Asians, are specifically trafficked to bases to cater to the demand. Some of the women, previously or currently married to military personnel, have been brought over to work in the sex industry. 32 Domestic Prostitution of Minors Ohio’s cities are prime locations for teen prostitution. In fact, the FBI has identified Toledo as one of the top—if not number one—recruiting centers for underage prostitution in the nation. 33 Many of the girls recruited into prostitution often come from dysfunctional families, have been sexually abused, live in poverty, and are runaways, throwaways or homeless. One study examining homeless children’s vulnerability to commercial sexual exploitation, indicated that over 55% of homeless girls are involved in prostitution where 75% of them are under pimp control. 34 Basically, pimps victim profile and target vulnerable girls they know they can easily control and manipulate. Pimps also resort to abducting girls where they then transport them to different cities or states. Since December 2005, several cases involving girls abducted from Toledo to be prostituted have surfaced. 35 It is only January of 2006. Pimps often use tactics similar to those used by batterers where they seek to overpower and control every aspect of the women’s lives. The pimps use both psychological and physical violence to instill fear of reprisal and dependence on the pimp. Pimps often prey on troubled minors because of the ease of isolating them from family and friends, manipulating and modeling their worldviews, and exploiting their dependency on an adult. The women and children are dehumanized and turned into marketable commodities where they often feel that is their place in life. 36 Minorities, particularly African Americans, and those living in poverty are often associated with prostitution or other forms of commercial sexual exploitation. This not necessarily the case. In a study conducted in several cities, researchers found that the majority of homeless children being commercially sexually exploited were white (64%) rather than minorities (36%). The study also revealed that the majority were from working and middle class

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Florida State University Center for the Advancement of Human Rights. (2003) Florida Responds to Human Trafficking. Retrieved December 11, 2005, from http://www.humantrafficking.org/countries/eap/united_states/resources/pubs/2005_09/florida_responds2human_traf ficking_fsu.pdf 32 Raymond, J. G., Hughes, D. M., & Gomez, C. J. (2001). Sex trafficking of women in the United States: International and domestic trends. Retrieved December 19, 2005, from http://www.uri.edu/artsci/wms/hughes/sex_traff_us.pdf 33 Erb, R., & de Boer, R., (2005). Crackdown exposes Toledo as a hub of teen prostitution. Retrieved January 12, 2006, from http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20060108/NEWS08/601080333 34 Estes, R., & Weiner, N. A. (2001). Commercial Sexual Exploitation of Children in the U.S., Canada and Mexico. Retrieved December 10, 2005, from http://caster.ssw.upenn.edu/~restes/CSEC_Files/Complete_CSEC_020220.pdf 35 News articles on these abduction cases are located in Appendix D. 36 Parker. J., (1998). How Prostitution Works. Retrieved on January 17, 2006, from http://www.prostitutionresearch.com/how_prostitution_works/000012.html

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backgrounds (76%) rather than from working poor backgrounds. 37 This may not necessarily be the case in Ohio, but the point is that all children are vulnerable. American overemphasis on consumerism and materialism has also played a role in children resorting to commercial sex as a means to obtain expensive consumer goods and services (e.g. clothes, jewelry, etc). 38 With popular culture’s glamorization of the pimp lifestyle, many young and awe-struck girls have readily been recruited into prostitution in which they believed they would have luxurious lifestyles. Instead, they find themselves trapped in a world of extreme violence and fear. Migrant Labor Ohio businesses employ migrant labor in many different sectors throughout the state. Most of the migrant labor in Ohio and the United States is concentrated in poorly regulated industries that demand cheap labor. Such industries include textiles (sweatshops), agriculture, restaurants, construction and domestic work. 39 In 2004, Ohio employed over 15,000 migrant workers where most worked in the agriculture sector. Agriculture is Ohio’s most lucrative sector in which it generates over six billion annually. The majority of migrant laborers are Mexican and they are recruited from Texas, Florida and Mexico. The dairy, nursery and landscaping industries in Ohio also experienced large growths in migrant laborers, especially because others are unwilling to work in unfavorable conditions (e.g. long hours and no insurance). 40 Because these industries experience minimal governmental monitoring, both documented and undocumented migrant workers are vulnerable to abuse and exploitation that can lead to bonded labor or indentured servitude. 41 In its 2002 report, the Ohio Department of Job and Family Services estimated that over seventy percent of the migrant workforce in Ohio does not have legal status in the United States. 42 This places migrant workers at risk of becoming victims of forced labor and trafficking. Law enforcement’s lack of training and understanding of trafficking has further made many experiencing or witnessing forced labor to come forward, fearing reprisal from traffickers or punishment from legal authorities. Most cases of forced labor have been treated by law enforcement as illegal immigration issues where the victims are often treated as criminals. 43 This is most likely the case with Ohio. 37

Estes, R., & Weiner, N. A. (2001). Commercial Sexual Exploitation of Children in the U.S., Canada and Mexico. Retrieved December 10, 2005, from http://caster.ssw.upenn.edu/~restes/CSEC_Files/Complete_CSEC_020220.pdf 38 Grant, A. (1999). The Commercial Sexual Exploitation of Children. Retrieved December 07, 2005, from http://www.aic.gov.au/conferences/children/grant.pdf 39 Human Rights Center & Free the Slaves (2004). Hidden Slaves: Forced Labor in the United States. Retrieved December 18, 2005, from http://www.hrcberkeley.org/download/hiddenslaves_report.pdf 40 Ohio Department of Job and Family Services. (2005). Ohio Department of Job and Family Services Migrant Agricultural Ombudsman Report. Retrieved January 23, 2006, from http://www.jfs.ohio.gov/agriculture/Ombudsman%20Report_2004.pdf 41 Human Rights Center & Free the Slaves (2004). Hidden Slaves: Forced Labor in the United States. Retrieved December 18, 2005, from http://www.hrcberkeley.org/download/hiddenslaves_report.pdf 42 Ohio Department of Job and Family Services. (2002). Ohio Department of Job and Family Services Migrant Agricultural Ombudsman Report. Retrieved January 23, 2006, from http://jfs.ohio.gov/agriculture/Migrant_Agricultural_Report_2002.pdf 43 Webber, A., & Shirk, D. (2005). Hidden victims: evaluating protections for undocumented victims of human trafficking. Immigration Policy: In Focus, 4.8. Retrieved Jan 15, 2006, from http://www.ailf.org/ipc/infocus/2005_hiddenvictims.pdf.

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Four Major Trafficking Myths 44 __________________________________________________ Myth 1. Trafficked persons must be foreign nationals/only are immigrants. 2. Trafficking requires transportation across state or national borders. 3. If the trafficked person consented before the abuse or was paid, then it is not trafficking. 4. There must be elements of physical restraint or bondage for it to be trafficking.

Reality 1. Trafficked persons can be US citizens or foreign nationals. Both are equally protected under the federal trafficking statutes. Many trafficked persons in the US are legal residents. 2. Although the word connotes movement, the legal definition of trafficking does not require transportation. Unlike the Mann Act, no interstate transportation is required. 3. Consent prior to an act of force, fraud, or coercion (or if the victim is a minor with sex trafficking) is not relevant nor is payment. 4. The legal definition of trafficking does not require physical restraint. Psychological means of control (e.g. Stockholm syndrome) are sufficient elements of the crime.

What People are Trafficked For__________________________________________________ Trafficked persons are most often used in unregulated industries and as low-wage labor. As a result, they are afforded little government protection and are heavily exploited by traffickers to provide goods and services to consumers. Listed below, are some common sectors where trafficked persons have been identified in. 45 Sector Commercial sexual exploitation/prostitution Exotic dancing/stripping/pornography Domestic work and child care (“domestic servitude”) Hotel housekeeping Agricultural work Landscape work

Sector Construction labor Day labor Factory work/sweat shops Restaurants Servile marriages/international marriage brokers (IMBs) False adoptions

Trafficking in Persons Legal Definitions___________________________________________ Under the Victims of Trafficking and Violence Protection Act of 2000, Congress defined and criminalized trafficking in persons. The act also recognized other key elements associated with trafficking in order to establish a more comprehensive understanding and approach in combating it. Listed below, are definitions pulled from the TVPA of 2000 46 and US Code. 47

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Polaris Project (2005). Practical Training on Victim Identification. Polaris Project. Polaris Project (2005). Practical Training on Victim Identification. Polaris Project. 46 U.S. Department of State. (2000) Victims of trafficking and violence protection act of 2000. U.S. Department of State. 47 Legal Information Institute. (2005). US Code Collection. Retrieved January 23, 2006, from http://www.law.cornell.edu/uscode/ 45

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Severe forms of trafficking in persons (Sec 103(8))

Coercion (Sec 103(2))

(A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (B) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. (A) threats of serious harm to or physical restraint against any person; (B) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (C) the abuse or threatened abuse of the legal process.

Commercial Sex Act (Sec 103(3)) Debt Bondage (Sec 103(4))

Involuntary Servitude (Sec 103(5))

Any sex act on account of which anything of value is given to or received by any person. The status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined. Includes a condition of servitude induced by means of— (A) any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or physical restraint; or

Sex Trafficking (Sec 103(9)) § 1001. Statements or entries generally (Fraud)

(B) the abuse or threatened abuse of the legal process. The recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act. (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or

§ 1589. Forced labor

(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; Whoever knowingly provides or obtains the labor or services of a person— (1) by threats of serious harm to, or physical restraint against, that person or another person; (2) by means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or (3) by means of the abuse or threatened abuse of law or the legal process

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Legal Definitions Explained: Elements of the Crime of Trafficking in Persons 48 __________ ACTION Recruit

MEANS (Force, Fraud, Coercion)

PURPOSE Commercial sex act

Harbor

Causing or threatening serious harm

OR

Transport

Physical restraint

Labor or Services

Provide

Debt Bondage

Obtain

Abuse of legal process

Involuntary servitude

Subject

Threats of abuse of legal process

Peonage

(or so attempts)

Trafficking v. Smuggling (conspiracy to commit)

Withholding documents

Debt Bondage Slavery

Any scheme/plan/pattern

*** Means not required for minors under age 18 for commercial sex acts *** NOTE: Standard to keep in mind is “SERIOUS HARM” *** Chart modified from original model published by Elissa Steglich, MIRHC, copyright 2003

Examples of Means (Force, Fraud, and Coercion) Force: Physical assault (Beating, burning, slapping, hitting, assault with a weapon, etc), sexual assault, rape, gang rape, and physical confinement and isolation Fraud: False employment offers, lying about work conditions (example: not telling someone that commercial sex will be required), false promises, withholding wages Coercion: Any threats to life, safety, to family members or other similar parties. This also includes threats involving immigration status or arrest. A system of debt bondage is used to control the victims. Traffickers also withhold legal documents (e.g. passports and visas) and instill a climate of fear by using both physical and psychological abuse.

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Polaris Project (2005). Practical Training on Victim Identification. Polaris Project.

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Trafficking vs. Smuggling_______________________________________________________ Trafficking in persons is often associated with or interchanged with smuggling of persons, but they are two distinct criminal offences. Under US Code 1227, smuggling is defined as “knowingly [having] encouraged, induced, assisted, abetted or aided any other alien to enter or try to enter the United States.” 49 Although the two offences can easily become blurred in cases of illegal entry of foreign nationals, 50 they also have many distinctive differences and end goals. 51,52,53 Trafficking Illegal and/or legal (e.g. tourist or entertainer visas) entry into country Person has no decision-making capacity because of force, fraud, or coercion Does not require border crossing and often includes domestic relocation of trafficked persons Transportation is only one of many different elements (e.g. recruiting or harboring) Profit maximization where the goal is to continue the exploitative relationship with the trafficked person. This is often done by extending the time of debt repayment or by increasing the debt amount Crime/violation against a person (human rights) Person is unable to voluntarily leave their current situation because of force, fraud, or coercion Ongoing control

Smuggling Illegal entry into country Person wishes to and voluntarily enters another country Requires crossing internationally recognized borders Only involves transportation phase of migration Profits made upfront where client relationship ends after entry into the country

Crime/violation against the state Person can voluntarily leave their current situation Control ends at the border

**Smuggling, however, can easily degenerate into trafficking, whereby people place their fates in the hands of others who are capable of exploiting vulnerabilities. 54

Reasons Why Trafficking Victims Do Not Leave____________________________________ Common reasons why many victims are unable or unwilling to leave their exploitative situations are often based on physical and psychological restraints and other significant factors

49

Legal Information Institute. (2005). US Code Collection. Retrieved January 23, 2006, from http://www.law.cornell.edu/uscode/ 50 Florida State University Center for the Advancement of Human Rights. (2003) Florida Responds to Human Trafficking. Retrieved December 11, 2005, from http://www.humantrafficking.org/countries/eap/united_states/resources/pubs/2005_09/florida_responds2human_traf ficking_fsu.pdf 51 Polaris Project (2005). Practical Training on Victim Identification. Polaris Project. 52 International Organization for Migration. (2001). National Trafficking Victims in Albania. Albania: International Organization for Migration. Retrieved January 19, 2006, from http://www.icmc.net/files/traffalb.en.pdf. 53 Shelly, L., (2000). Post-Communist Transitions and the Illegal Movement of People: Chinese Smuggling and Russian Trafficking in Women. Annals of Scholarship 14.2. 54 International Organization for Migration. (2001). National Trafficking Victims in Albania. Albania: International Organization for Migration. Retrieved January 19, 2006, from http://www.icmc.net/files/traffalb.en.pdf. Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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such as cultural expectations or taboos. These common reasons are identified among both US citizens and foreign nationals. Reasons 55 : Captivity/Confinement – locked indoors, guarded compounds, Frequent accompaniment/guarded – interactions are monitored or controlled Use and threat of violence – severe physical retaliation – beatings, rapes, sexual assault Fear – of physical retaliation, of death, of arrest, or deportation Use and threat of reprisals against loved ones – especially with foreign national cases Shame – about the activities they have been forced to perform Self-blame – for allowing self to get into this situation Debt bondage and sense of obligation – to pay off a false debt; cultural factors Loyalty – Stockholm syndrome, Battered Women’s Syndrome Language and social barriers/Unfamiliarity – especially with foreign national cases No personal ID or documentation – which is often taken from them Distrust of law enforcement or immigration officials – brainwashed distrust, corruption Isolation – from others, from outside world, from means of relief Misinformation and false promises – have been told lies or deceitful information Hopelessness/Resignation – feelings of no self-worth, disassociation, giving up, apathy Dependence and obedience – children rely on adults for care and are often taught to obey adults

Commercial Sex Network Profiles______________________________________________ Commercial sex networks are prevalent nationwide and are highly dependent on trafficked persons to fuel customers’ demands. Because of their highly adaptive nature, they have taken on multiple operational structures to blend in with their environment and customer base. Listed below are some of the more common, but often lack understanding, forms that have been found in the United States. Several terms have also been defined to minimize confusion. • • • • • •

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Closed system: restricted customer base to a certain type of ethnicity of John Open system: no restriction on customer base; anyone can be a John John: a person who pays for commercial sex services Brothel keeper (BK): the person managing or running the brothel setting John Boards: Internet web sites, where johns rate all the women, rate the brothels, and talk about their experiences online Seasoning: process where women are raped, beaten and relentlessly subjected to physical and psychological abuse as a means to break their spirits and resistance to the traffickers

Polaris Project (2005). Practical Training on Victim Identification. Polaris Project. Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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Type Open or closed system

Racial Make up Types of Pimps

Clientele Location/setting

Business legitimacy

Advertising mechanism

Common names

Management

Support structure

Street Prostitution Networks: Pimp Control 56,57 Pimp control Open, but professional pimps may not allow their women to take young black males as customers, fearing they will be robbed. Pimps also do not allow their women to make eye contact with other pimps and/or sometimes to date other black males who they suspect may recruit their women. Most pimps in the U.S. are white and are owners of massage parlors, strip clubs, gentlemen’s clubs and etc. Street based prostitution is controlled by black males. Tennis Shoe Pimp – Typically has one girl that works for him. They engage in drug use together and use profits from prostitution to make ends meet. Drug selling pimp – Dual role of pimp and drug sales. Women may be hooked on drugs and will become a slave to the drug seller and will do what he asks with his friends and associates in exchange for drugs. Professional Player Pimp – First level of professional pimp who is mentored in by an older pimp. They do not typically allow their women to do drugs. They follow traditional pimp rules. They have a group of women they pimp out for their profits. Mack – The only type of pimp that wears the traditional pimp clothing. They are international pimps who have numerous women in various cities, states or even countries. Here, pimping is glorified and celebrated in events such as the Players Ball and Pimps and Ho parties. Clients come from all walks of life. They come from the suburbs to inner city. They are males who are married or single. Girls can be found working on streets, gang run or pimp run prostitution houses, motels, truck stops and wherever there is a demand for them. The most common form of street based sex work occurs in a customer’s car which consists of oral sex and lasts under 15 minutes. None. These are not legitimate businesses, but are illegal operations. However, the dominant model in the law enforcement response is to arrest the women and be more lax towards arresting the johns and pimps. Police say it takes less police time and resources to arrest women. To arrest male customers, it takes a female decoy and two cops who observe and arrest. This only serves to keep our response to the problem lopsided addressing the supply but not the demand. The girls walk the streets to advertise themselves. Pimps may have online and phone book advertisements for escort services. Some pimps have been known to have flyers passed out, particularly if there is an upcoming big event (e.g. Super Bowl weekend). Word of mouth from johns is good advertisement as well. Pimps will refer to their business as being in “the game”. Women refer to their situation as being in “the life”. Women that belong to the same pimp are known as “wife-in-laws” to each other. His prestige, power and reputation among other pimps may influence how the women perceive his authority. He manages his “stable” of women forcefully. He makes it his business to know as much about each woman as he can without allowing her to know much about him, except his charismatic style and ability to be physically abusive toward anyone who defies him. Many physically dangerous pimps earn the title “ice” in front of their names. (e.g. Ice Tea a well known rapper turned actor who use to be a pimp) An underground society that mirrors legitimate society in that pimping is one of the many underground industries in the U.S. where jobs are available should a girl or women not be successful in conventional societal markets. Here jobs and plentiful

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Polaris Project (2005). Commercial Sex Networks-Supplement: Descriptions of Trafficking Operations. Polaris Project 57 Williamson C. (2005). Information provided through email and phone communication with Celia Williamson PhD, who is an Associate Professor of Social Work at the University of Toledo. Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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Condom use/disposal

Level of hygiene and appearance

Transportation structure

Characteristics of victims

Pricing structure

Average number of women

How the sex act works

Security and surveillance

Recruitment

and payday is everyday. Women may use condoms with customers if they are not drug addicted. However, most women do not use condoms for the following reasons. She may forgo condom use with her regulars. Finding a condom for a drug addicted woman takes time away from the quick trick she can turn in a car in order to get to a dope house and purchase more crack cocaine. Customers may offer more money for a woman not to use a condom. He may also argue and threaten to take his business down the street to another woman who will honor his request to engage in sexual activity without a condom. Women may not use condoms with their intimate lover who may also be their pimp. This is how she separates intimate sex from commercial sex. He may however, have unprotected sex with several women placing her at risk for HIV. Pimps expect the women to be well groomed, clean and attractive to the johns. Many do not allow their women to take drugs because it decreases the women’s value. Women who are drug-addicted (“crack whores”) are not likely to be pimp-controlled because their bodies are aged, broken, scarred and less attractive, but more importantly many cannot be controlled because their addiction compels them to give their money to the dope dealer even under the threat of a pimp. These drug addicted women are often found in low rent, high crime neighborhoods and dangerous downtown areas and tend to operate more independently. Since pimps often travel from city to city, they stay at motels. They often travel by car or van and may travel with other pimps and their women. The pimps usually transport the women to the designated streets for the night. The average age that is recruited into prostitution is 14-15 years old. Pimps tend to seek out children from dysfunctional families, who live in poverty, who are homeless, who are runaways, throwaways, and giveaways and who have been sexually abused and emotionally neglected. Each pimp usually set prices for different sex acts. The pimp also sets a nightly quota that girls must reach per night before they are able to come in. Quotas usually range from $500 to $1000. For special events like the Super bowl, the quotas may be doubled or tripled. Women may remain on the streets at 5am-7am still trying because they have not made their quotas. When the girls do not make their quotas and attempt to return home, they are severely punished by the pimp, usually in front of the other women. An example of a pimp’s income: off of 4 women in a year, a pimp made $600,000and each woman made $3000. Almost all the money goes directly to the pimp. The number of women (known as a stable) controlled by a professional pimp varies and is often based on the pimp’s ability to control them. Some pimps with a large stable may even hire out other pimps or boys to patrol their women. Stables have been seen to range from 2 to 30 women. Once the women has been approached, the women gets into the car with the john and either drives somewhere to do it in the car, or drives to the John’s place of residence, or drives to a motel where she may have a room where she then performs the sex act. Motels are heavily used and are likely complicit. There have been cases where motel staff employees have been paid off to allow for sex acts to occur. When the sex act is over, the pimp may pick her up, the john may drop her back off on the street, or the woman may be responsible for her own transportation to get back to her working station. Pimps watch their women while they work. They often circle the area by foot or car to make sure the women are doing what they are supposed to do. Many of the pimps know each other from other cities and so help each other patrol their women. The women also self-police the other women in their stables and report any problems to the pimp. The younger girls are often physically locked up to prevent escape or law enforcement attention when not out working the streets. Pimps heavily target young girls to recruit into their stables. Recruitment may consist of a honeymoon period of caring for her needs or showing her a good time. They

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Seasoning period

Control mechanism

The type of girls that interest pimps

Leaving a pimp

often provide the girls with food and shelter and then lay a guilt trip on the girls for providing for them. The violence often happens shortly after the pimps take the girls in or when they move to another city. Pimps sell girls into the lifestyle by paying attention to them, telling them they have power over men and are literally “sitting on a gold mine.” Top recruitment sites include Greyhound bus stations, malls, court houses and outside jails. Pimps also abduct girl from different cities and transport them to other cities. Newly found friends may sell girls to pimps, often luring an unsuspecting but vulnerable girl into the grips of a pimp and then disappearing with the money or drugs paid by the pimp. Being “turned out” is the term used to describe the time the pimp takes to teach girls how to be a prostitute. A “thoroughbred” is a girl this is a seasoned professional prostitute able to offer efficient and effective service to customers. The process of movement from being turned out to thoroughbred may involve rapes, beatings, and emotional battering along with experience and training. The goal is to destroy the victim’s self-esteem, foster complete dependence and isolation, break down the will of the victim and create a situation where their self-esteem is based entirely on pleasing the person in power over them. Pimps dehumanize the women by calling them only by derogatory names and acknowledging them as nothing more than a commodity and their property. Pimps employ tactics similar to batterers in domestic violence. Pimps use extreme violence as well as psychological manipulation. Beatings and rape are common. Examples of violence by pimps include: whippings with objects, beatings with blunt objects, strangling with phone cords, rape, pouring alcohol in wounds, throwing girls out of moving vehicles, pouring alcohol on the girl and lighting her on fire and various other sickening torture techniques. The point of the violence is to teach the violator and all the other women a lesson when rules are broken. Often times, girls are forced to watch or even participate in the disciplining of another girl. This is a good way to maintain control through fear. Older girls who have been with the pimps for a long time (known as “bottoms”) often police the other girls. Because of fear, the girls are extremely loyal to their pimps and do not protect each other. There is a Pimp Code with rules for both pimps and the girls being prostituted. The rules are strictly enforced and severely punished if broken. Some rules for the girls include: never look any pimp in the eye because this signals you want to change pimps, never walk on the side walk when working, talk only when permitted and never talk back to a pimp. Pimps are interested in girls who come from dysfunctional homes, have been physically or sexually abused, and are emotionally needy and vulnerable. Pimps typically do not approach girls who seem empowered and have solid family support systems and positive social networks. The few ways to leave one’s pimp are to escape, choose another pimp, and psychologically escape through the use of drugs until a pimp can no longer stop her from giving her money to the drug dealer, long term prison sentences, or murder.

Pimps do not limit their women to prostitution, but often force the women to strip and perform in pornographic films. During run-ins with law enforcement, pimps are more likely to get charged with possessing or selling drugs rather than for pimping out women. 58 In fact, the women are criminalized and arrested for prostitution. As a result, many pimps are known to operate in broad daylight with a sense of total impunity from the law. This sense of impunity has only been heightened, as the concept of a “pimp” has become a part of mainstream American culture in which it is associated with fast cash, flashy cars and sex appeal. Pimping has been glorified in various events such as the Player’s Ball and “Pimp n Ho Parties.” The Player’s Ball 58

Parker. J., (1998). How Prostitution Works. Retrieved on January 17, 2006, from http://www.prostitutionresearch.com/how_prostitution_works/000012.html Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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is held annually in numerous cities, including Cleveland. The premise of the Player’s Ball is to celebrate Bishop Don Magic Juan’s 59 birthday and hand out the Pimp of the Year award to the pimp with the most power, prestige, and respect. At “Pimp n Ho Parties,” which are popular on college campuses, the men dress as pimps and command the women around.This glamorization has overshadowed the dangerous and violent nature of pimp control. Young people now use the term “pimping” when answering their cell phones. Rappers refer to pimping as a desired profession. Rapper fifty-cent has a song called “PIMP” and Snoop Dog boasts about holding onto his position as a pimp.

Type

Open or closed system Location/Setting Clientele Business legitimacy

Korean Massage Parlors (KMPs) 60 Korean Massage Parlor – dominate the commercial front brothel model. Acupressure clinics are also known to front as brothels, but they tend to have lower prices (e.g. $30 for 30 minutes) and a “happy ending” is standard. Open; but a heterogeneous network where some women may be trafficked and some may not be. Present in almost every urban setting and often in suburban areas Primary white, middle class, upper class men and military personnel. Oftentimes customers are not Asian. Operate as a registered business, which pays taxes and seem legit. Usually runs out of a massage parlor, health spa, or nail salon.

Advertising mechanism

Advertise in newspapers and the yellow pages. If you look in the phone book, they break into two categories: massage and massage therapy. The “massage” category is where all the sex industry is.

Common names Management

Tokyo Spa, Rainbow Spa, Sun Spa, Hong Kong Spa Most often Korean owned and operated. An older Korean woman, known as the Brothel Keeper (BK) or Mamma San manages the brothel where she pays taxes, disposes of condoms, maintains adherence to health codes, manages the women, and etc. BKs usually have legal status and had been prostituted themselves so they know the system. Many were trafficked to the US after marriage to US service members then later divorced. Some BKs are nice and split the money with the women while others are abusive, nasty, manipulative, and very controlling. There is a range of personalities of BKs. There is a back network of people who set up the brothels, known as the support structure. Very little is known about the back network; it is also likely to be highly decentralized. Example: maybe a man and woman own 7 brothels in 3 states and hire a BK to run them. Almost universally use condoms. They dispose of them in different ways. Some cut them up and flush them down the toilet. Some hide condoms in containers or bag and pays off a local homeless man to pick up the bag and dispose of it somewhere. Often more clean. There are table showers with a shower nozzle over the massage table. The women strip and shower the johns and then begin the massage. A small room with a bed or a massage table with a shower head. Most of the women sleep in the same beds they are forced to have sex on.

Support structure

Condom use/disposal

Level of hygiene Room set-up

59

Bishop Don Magic Juan is one of the most famous pimps from Chicago who has gained popularity and fame through connections with music stars, most notably rapper Snoop Dogg. 60 Polaris Project (2005). Commercial Sex Networks-Supplement: Descriptions of Trafficking Operations. Polaris Project Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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Transportation structure

Characteristics of victims

Pricing structure

Average number of women How the sex act works

Security and surveillance

Control mechanisms

Use of an elaborate network of Korean taxi services that charge exorbitant prices. The taxi will drive the women to different brothels. However, the taxi is more than a taxi – they are a broker/match-maker that knows when brothels need women and when women need brothels. Because they can claim ignorance and say “I was just dropping her off” – the taxi system clouds the recruitment methods and makes it harder for law enforcement to prosecute using the Mann Act, even though they may have crossed state lines. The taxis charge very high prices. Two Polaris clients were driven coast to coast by a taxi for $10,000 each. Women also pay between $500-$1000 to be driven between NYC and DC. Taxi drivers advertise with business cards or word of mouth. Many women have the number memorized. Many brothels have certain taxi telephone numbers posted throughout the brothel. Many DC brothels use the same taxi service. Some taxi services are highly specialized for the sex industry. Others are just a broad taxi service, but happen to do some trips for massage parlors. There have been instances of taxi drives reporting trafficking cases. (a) Older Korean women – may have married US service men and came to the US. They may have a family, travel a lot, and use aliases. (b) Younger Korean women between their late teens to late 20’s. They might have been in the sex industry in Korea; often are illegal; often paying off a debt; often want to come to the US to send money back to Korea. They also may have come to the US and did not have any other way of making money and then got recruited into the networks. (c) Chinese Nationals who are ethnic Korean who come from the Korean autonomous region in China, which is just north of North Korea. They are dirt poor and looked down upon by South Koreans as poor and uneducated As a result, they are treated badly in the networks, heavily exploited, and highly vulnerable. Most are undocumented and so BKs may rob them of all their money and then kick them out on the streets without fear of law enforcement. (d) Other nationalities also work in KMPs. They tend to be Thai, Chinese and even Latina. In some cases, there is a $60 house fee where johns gain full access to a massage and further services. In other cases, after the woman is finished giving a massage and the john then leaves a certain amount of money on the table to indicate what he wants to buy. Generally, $100 buys full service. Sometimes the woman will ask what the john will pay and what a certain amount of money buys. Full service is full intercourse. Any tip that is given is often split between the BK and the woman. Some brothels might have from 1 to 12 women. The average brothel has between 5 to 6 women. The john pays up front and one of two things happen. (a)The BK takes the john to a room and a chosen woman will come in the room. (b) All the women are forced to lineup in bikinis and the john chooses the woman he wants. Even if a woman does not want to have sex, she is under extreme pressure from the BK and john to provide sexual services. If the woman does not make money, she can not afford to pay her debt or transportation to leave the brothel. Most women get $100 per John and make up to $500-$600 a day. They work 7 days a week. Each woman usually provides an average of 4-5 sex acts a day. The average length of time is an hour per customer, but customers can buy half hours. Most men generally buy an hour. There can be much violence against the women when they are left alone in the room with a john. For example, one woman was stabbed 23 times in the face, neck, and chest and killed by the john. Many have a buzzer system and security surveillance cameras at the main entrance. Many have up to $20,000-40,000 in cash on site where they hide it in shoes, mattresses, cups and in the ceiling. Women often face psychological abuse, physical abuse, climate of fear, scheme or pattern, threats, confiscation of documents, and isolation.

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The Korean massage parlor business model for brothel structure has also been used by different nationalities throughout the United States. For example, the Chinese are known to operate a similar model in southwestern states such as Texas, Arizona and California. Many of the massage parlors that are shutdown often reopen under different names and continue to operate as if raids never happen. This is evident in the recent raid on the Ocean Health Spa in Columbus, Ohio on January 27, 2006; it was previously raided by police last June. 61,62

Type Open or closed system/clientele

Location/setting

Clientele Business legitimacy Advertising mechanism

Common names Management

Support structure

Condom use/disposal Level of hygiene

Room set-up

Transportation structure

Latino Residential Brothels (LRB) 63 64 Latino Residential Brothels Most are closed systems for first generation Latino males who recently immigrated to the US. LRBs are a heterogeneous network where some women are trafficked while others are not. There are some open systems, although infrequent, and they charge higher prices. Exist wherever there are large concentrations of Latino males. They are frequently found in both urban and agricultural settings where conditions are more brutal for the women. First generation Latino males who are day laborers, construction workers, agricultural workers, and factory workers. None. These are not legitimate businesses, but are illegal, makeshift, and residential-run operations. Use of false business cards that front as legitimate businesses such as flower shops or other services. The cards are distributed daily at labor pick-up locations and at fast food restaurants. The cards are only given to Latino men. Word of mouth is also heavily used among the men. Some open systems LRBs advertise in newspapers. Not legitimate businesses and therefore there are no common names Very little is known about management other than men appear to collect money from johns and provide security for the brothel. LRBs seem to be retail run where one person may own more than one brothel. Very is little is known. It is estimated that there is a significant support structure due to the elaborate transportation networks that shuttle the women nationwide. Latino street gangs (e.g. MS13) are also starting to become involved with the brothel business. Standard use of condom is unknown. Most men probably force women to have sex without a condom. LRB conditions are notoriously less sanitary than other types of brothels because they are the most makeshift and ad hoc. They are reputed to be terrible, unsanitary, cramped and unhygienic. LRBs are more prone to heavier levels of violence and drinking. The bedrooms are small and cramped. They usually have mattresses on the floor and a night stand. The stand usually has paper towels, condoms and rubbing alcohol on it. The rooms can be in small apartments, small residential homes or trailers. There is a high frequency of transportation from city to city to rotate the women.

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nbc4i (2006). Undercover Officers, Deputies Bust Alleged Prostitution House. Retrieved January 27, 2006 from http://www.nbc4i.com/news/6505919/detail.html 62 Bell, P., (2005). New Details on Alleged Prostitution Ring. Retrieved December 15, 2005 from http://www.wbns10tv.com/global/story.asp?s=3517686&ClientType=Printable 63 Polaris Project (2005). Commercial Sex Networks-Supplement: Descriptions of Trafficking Operations. Polaris Project 64 Stack, T. & Wiley, L. (2005) Presentation on Latino Houses of Prostitution. Both are Detectives from Montgomery County Police Department in Virginia. Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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Characteristics of victims

Pricing structure

Average number of women

How the sex act works

Security and surveillance

How trafficking works

Seasoning period

Control mechanism

The women are moved weekly or bi-weekly. Greyhound stations are used as meeting points. Latino taxi drivers may also be used to transport the women. Some women may make their own transportation arrangements. Over 80% are from Mexico and the other 20% from Central and South America. The women’s ages range from 15 to 30 years old. Most came to the US to make money for their families, thinking they would have legitimate jobs (e.g. maid). Most of the women suffer from trauma, hopelessness, self-loathing, isolation, physical and emotional abuse and pain. There is a high frequency of minors being forced to prostitute. Some as young as 12 years of age. The culture seems to be more permissive of sex acts with minors. Pricing structure is more like a fast food restaurant where more money is made by quantity and fast service. The standard price is $30 for 15 minutes. The customers can also pay more for extra services and are even permitted refunds if they did not like the woman. The women serve higher volumes of men in an average day, which can range between 15-30 men a day. The women can make up to $2500 a week, but they often do not get all the money they have made. There is usually between 2-3 women who live and stay at the brothel at a time. If there were more women, the volume would be too high and it would become too obvious. By limiting the number of women, the flow of johns is also limited. Customers pay upfront and are issued a poker chip or playing card as a ticket to hand to the women. The women collect the chips or cards as a tally of how many men they had services. They then turn them in at the end of the day or week to get paid. Security is extremely high. Two way radios are used to communicate between inside security the brothel with outside surveillance. There have been cases of cars driving back and forth on the street to limit the flow of johns. Johns may be made to walk in certain ambiguous routes to unpredictably approach the brothel. Some women are abducted and trafficked while others were promised good jobs. Some women were directly trafficked while others had entered the US on their own. The women are never told how much debt they have paid back so they have no idea. They also face a lot of pressure to perform and often lack other work options. For the women directly trafficked, they are raped and brutalized on the long trip to the brothels. For those who have entered the US on their own, they are sexually assaulted at the brothels. Every aspect of the women is controlled through physical and psychological abuse. The women do not have freedom of movement and are isolated in the brothels until they are relocated to other brothels. The brothels are almost always controlled by men. Almost all other operations are controlled by men, but there are women henchmen like “bottoms” or “second in charge.” Bottoms travel with women from city to city to maintain control over the women.

Because LRBs are closed systems, very little is known about them. Infiltrating the network has proven difficult for law enforcement because of the specific clientele profile—all first generation Latino men. Using undercover Hispanic law enforcement officers has been unsuccessful because their small numbers make them well known within their communities. 65 The closest law enforcement encounter to a LRB in Ohio occurred this past August when authorities were investigating the murder of a “john” by a pimp running a brothel in Cincinnati. 66 65

Polaris Project (2005). Comment made by Bradley Myles, Polaris Project National Policy Coordinator in various presentations. 66 Cook, T. (2005). Accused pimp indicted in killing. The Cincinnati Post. Retrieved January 30, 2006 from, http://news.kypost.com/apps/pbcs.dll/article?AID=/20050805/NEWS01/508050348/-1/BACK01

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Brief Analysis: Ohio Research Memorandum Concerning Human Trafficking 67 __________ In 2004, the Ohio Legislative Service Committee released a research memorandum entitled A Comparison of the Provisions Against Trafficking in Human Beings of the Model State Anti-trafficking Criminal Statute and the Revised Code. The memorandum attempted to compare Ohio law to the Department of Justice’s state model law for human trafficking. In doing so, the memorandum concluded that Ohio’s Revised Code had sufficiently met the standards of the model law because it already prohibited the criminal activities identified. Although the Ohio statutes cover elements of human trafficking, they are not comprehensive in scope. For example, one major deficiency is the lack of a legal definition of involuntary servitude under the Revised Code. The memorandum makes too many assumptions on definitions and its interpretation of statutes. Ohio needs to create a more comprehensive law to cover all elements of trafficking and expressly prohibit it as a crime. Listed below are various other deficiencies that need to be addressed. Ohio Revised Code 68 2905.02 (A)(3) (Abduction)

2905.01 (B)(3) (Kidnapping)

2907.21 (Compelling prostitution)

• • • • • • • • •

2905.03 (Unlawful restraint) 2907.22 (Promoting prostitution) 2907.322 & 2907.323 (Pandering sexually oriented matter) (Illegal use of minor in nudity oriented material or performance) 2923.01 (Conspiracy) 2913.02 (A) (Theft)

• • • • • • • • • • •

Deficiency Does not address psychological coercion Creating a risk of physical harm- No mention of a victim “perceiving” harm or no mention of “others” at risk of harm (e.g. children) No definition of involuntary servitude Serious harm section focuses on victim and does not include “others” Need evidence of “force, threat and deception” if over the age of 13 Need to add other serious harms besides physical harm (e.g. financial extortion or blackmail) as threatening and coercing the victim No definition of involuntary servitude or mention of prostitution as involuntary servitude and the courts have never used it in that manner Prostitution definition is weak in terms of applying it to trafficking because it does not encompass all sex acts (e.g. stripping) Assumption was made that prostitution covers stripping and pornography. Only covers one element of trafficking, but does not mention “commercial benefits” which is the core of trafficking No mention of stripping or obscene material Both good for minors, but not so good for adults Recruiting for material/performance is criminal, but what if the pimp is already in control of a girl? What if a girl is recruited for a legitimate job and then is put in a pornographic film? What is “producing of material’? Who are involved? What about middlemen? These have not been addressed Cannot conspire to commit involuntary servitude or forced labor because there are no statutes on either Problem of interchanging the terms involuntary servitude and forced labor Taking legal documents from others is considered theft, but what will the penalties be for the traffickers because unable to estimate the “value” of an illegal service Cannot create penalties for traffickers No legal definition for “threat”

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Legal assistance provided by Noreen Muhib JD who is a Polaris Project Legal Fellow Anderson’s Ohio Docs (2005). Ohio Revised Code. Retrieved January 23, 2006, from http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC 68

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•

Too focused on “serious physical harm” and not much focus on psychological coercion Appendix B: Human Trafficking Research Memorandum Appendix C: Comprehensive Model Law compiled by Polaris Project

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Conclusion____________________________________________________________________ In conclusion, it is imperative that Ohio takes a stance in combating human trafficking and modern day slavery. Ohio has witnessed human trafficking, but the lack of comprehensive laws have allowed perpetrators to go by unpunished or with lesser penalties while criminalizing those who have been exploited against their wills. Whether it is a twelve year old American girl being prostituted or an undocumented immigrant forced to pick tomatoes, they need to be protected from profit-centered traffickers seeking to enslave them as commodities to be bought and sold.. Ohio needs human trafficking legislation at the state level to cover more thorough protection-prevention-prosecution mechanisms as a complement to and expansion of federal statutes. In doing so, it will show citizens its continued commitment to human rights, morality, and fundamental condemnation of exploitation and slavery.

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Acknowledgements_____________________________________________________________ Thank you to the following people for providing assistance and information: Celia Williamson PhD, Assistant Professor at the University of Toledo Detective Kenneth Lawson, Columbus Police Department Derek Ellerman, Co-Founder and Co-Executive Director, Polaris Project Bradley Myles, National Program Coordinator, Polaris Project Noreen Muhib JD, Senior Legal Fellow, Polaris Project Ian Hamilton, Web Development Fellow, Polaris Project

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Appendix A: Map of States’ Efforts on Human Trafficking 69 ____________________

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Graphic assistance provided by Ian Hamilton, who is a Polaris Project Fellow Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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Appendix B: Human Trafficking Research Memorandum 70 ___________________________

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Research Memorandum obtained from Ohio Legislative Service Commission Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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Appendix C: Comprehensive Model Law for Human Trafficking Legislations 71 __________

MODEL ELEMENTS OF COMPREHENSIVE STATE LEGISLATION 72 TO COMBAT TRAFFICKING IN PERSONS Comprehensive Model Law Compiled by Polaris Project from elements of current and proposed State and Federal law

A Bill for an Act Related to Human Trafficking BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF [State’s name]: Section 1. PROSECUTION DEFINITIONS (1) ACTOR. —The term “actor” means a person who violates any of the provisions of this article. (2) EXTORTION. —The term “extortion” is to be given its ordinary meaning as defined by [refer to state extortion or blackmail statute]. (3) COMMERCIAL SEX ACT.—The term ''commercial sex act'' means any sex act on account of which anything of value is given, promised to, or received, directly or indirectly, by any person. (4) DEBT BONDAGE. —The term “debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or those or of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined. (5) FINANCIAL HARM.—The term “financial harm” includes credit extortion as defined by [state extortionate credit statute, if any] criminal violation of the usury laws as defined by [State statute defining usury], or employment contracts that violate relevant Statutes of Frauds as defined by [State Statute of Frauds]. (6) LABOR.—The term “labor” means work of economic or financial value.

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Comprehensive model law was compiled by Polaris Project from elements of current and proposed State and Federal Law. Polaris Project has assisted several states in human trafficking legislation. The Model Elements of Comprehensive State Legislation to Combat Trafficking in Persons (Comprehensive Model Law) is divided into three sections: 1) Prosecution, 2) Prevention of Trafficking, and 3) Victim Protection. Language in this model law draws from numerous sources, including: A) the Trafficking Victims Protection Act of 2000, Pub. L. No. 106-386; B) Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today (PROTECT) Act of 2003, Pub. L. No. 108-21; C) the Department of State's Model Anti-trafficking law, released March 12, 2003,D) the Department of Justice's Model State Anti-trafficking Criminal Statute, released July 16, 2004; and E) current proposed and previously enacted State Statutes related to combating human trafficking in various U.S. States. 72

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(7) PERSON—The term “person” includes an individual, corporation, partnership, association, a government body, a municipal corporation, or any other legal entity. (8) MAINTAIN—The term “maintain” means, in relation to commercial sex acts or sexually-explicit performances, or labor or services, to secure continued performance thereof, regardless of any initial agreement on the part of the trafficked person to perform commercial sex acts or sexually-explicit performance, or labor or services. (9) MINOR —The term “minor” refers to any person under 18 years of age. (10) OBTAIN —The term “obtain” means, in relation to commercial sex acts or sexually-explicit performance, or labor or services, to secure performance thereof. (11) SERVICES.—The term “services” means an ongoing relationship between a person and the actor in which the person performs activities committed at the behest of, under the supervision or, or for the benefit of another. (12) SEX ACT —The term “sex act” means any touching of the sexual or other intimate parts of another person for the purpose of gratifying sexual desire of any person. It includes touching of the actor as well as touching by the actor, whether directly or through clothing. (13) SEXUALLY-EXPLICIT PERFORMANCE.—The term “sexually-explicit performance” means an act or show, intended to arouse, satisfy the sexual desires of, or appeal to, the prurient interests of patrons or viewers, whether live or public, private, photographed, recorded, or videotaped. (14) VICTIM OF TRAFFICKING IN PERSONS.—The term “victim of trafficking in persons” means any person, whether a U.S. citizen or foreign national, who has been subjected to the crime of trafficking in persons or sexual servitude of a minor. CRIMINAL PROVISIONS (1) TRAFFICKING IN PERSONS. Any person who knowingly (A) recruits, entices, harbors, transports, provides, or obtains, or so attempts, another person for the purposes of: (i) Commercial sex acts or sexually explicit performance, or (ii) Labor or services through use of any of the following means: (a) causing or threatening to cause serious harm to any person, (b) physically restraining or threatening to physically restrain another person, (c) abusing or threatening to abuse the law or legal process, (d) knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person, (e) extortion, (f) deception or fraud, Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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(g) (h) (i) (j)

debt bondage, causing or threatening to cause financial harm to any person, or, facilitating or controlling a victim's access to an addictive controlled substance; using any scheme, plan, or pattern intended to cause any persons to believe that, if the persons did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(B) benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described subsection (A), commits a [Class B felony OR felony in the 2nd degree] (2) SEXUAL SERVITUDE OF A MINOR. Any person who knowingly (A) recruits, entices, transports, provides, obtains, or harbors, or so attempts, any person under 18 years of age for the purposes of commercial sex acts or sexually explicit performance through any means; or (B) benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described subsection (A); commits a [Class A felony OR felony in the 1st degree] (3) INVOLUNTARY SERVITUDE. Any person who knowingly subjects, or attempts to subject, another person for the purposes of: (iii) Commercial sex acts or sexually explicit performance, or (iv) Labor or services through use of any of the following means: (k) causing or threatening to cause serious harm to any person, (l) physically restraining or threatening to physically restrain another person, (m) abusing or threatening to abuse the law or legal process, (n) knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person, (o) extortion, (p) deception or fraud, (q) debt bondage, (r) causing or threatening to cause financial harm to any person, (s) facilitating or controlling a victim's access to an addictive controlled substance; or, (t) using any scheme, plan, or pattern intended to cause any persons to believe that, if the persons did not perform such labor or services, that person or another person would suffer serious harm or physical restraint. commits a [Class A felony OR felony in the 1st degree] Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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(4) ACCOMPLICE LIABILITY. Any person who knowingly aids, abets, or conspires with one or more persons to violate Sections 1, 2, or 3 of the Criminal Provisions of this Act shall be punishable in the same manner as for a completed violation of that section. GUILTY PLEAS Any plea of guilty entered under any provision of this chapter by an offender shall automatically entitle the victim of trafficking to all benefits, rights, and compensation under this Title, not withstanding existing laws. VICTIM IMMUNITY FROM PROSECUTION In any prosecution of a person who is a victim of trafficking in persons, it shall be an affirmative defense that he or she was under duress [if defined under state law] and/or coerced [if defined under state law] into committing the offenses for which he or she is being subject to prosecution. A victim of trafficking in persons is not criminally liable for any commercial sex act committed as a direct result of, or incident or related to, being trafficked. NON-DEFENSES TO TRAFFICKING “Evidence of the following facts or conditions shall not constitute a defense in a prosecution for violations of this Title, nor shall such evidence preclude a finding of Criminal Provisions 1, 2, 3 or 4: (a) a trafficking victim’s sexual history or history of commercial sexual activity; (b) a trafficking victim’s connection by blood or marriage to a defendant in the case or to anyone involved in their trafficking; (c) consent of or permission by a trafficking victim or anyone else on the trafficking victim’s behalf to commercial sex acts or sexually explicit performance; (d) Age of consent to sex, legal age of marriage, or other discretionary age; (e) Mistake as to the victim’s age shall be no defense to a violation under this Title, even if the mistake is reasonable. 73 CRIMINAL LIABILITY OF BUSINESS ENTITIES (a) Any business entity that knowingly aids or participates in the trafficking of persons shall be criminally liable for the offense and shall be subject to a fine or loss of business license in the state, or both. (b) If a corporation or other business enterprise is convicted of violating any section of this chapter the court may when appropriate: (1) order its dissolution or reorganization; (2) order the suspension or revocation of any license, permit, or prior approval granted to it by a state agency; or (3) order the surrender of its charter if it is organized under [insert State name] law or the revocation of its certificate to conduct business in [insert State name] if it is not organized under [insert State name] law. RESTITUTION. (a) A person convicted of violations of this Title shall be ordered to pay mandatory restitution to the victim as provided in paragraph (c).

This language tracks various state statutes regarding prosecution of sexual assault offenses. See D.C. Code § 22-3011; Fla. Stat. § 794.021; Minn. Stat. § 609.325; N.J. Laws § 2C-34:1; Wash. Rev. Code § 9A.44.030. 73

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(b) For restitution purposes alone, “victim” shall be defined as [enter state statute defining victim under restitution provisions]. OR (b) For restitution purposes alone, “victim” shall be defined as a victim of trafficking. If the victim of trafficking dies as a result of being trafficked, a surviving spouse of the victim of trafficking is eligible for restitution. If no surviving spouse exists restitution shall be paid to the victim’s issue or their decedents per stirpes. If no surviving spouse, issue or decedents exist, restitution shall be paid to the victim’s estate. Any person named in this provision may not receive any funds from restitution if he or she benefited or engaged in conduct described in provisions 1, 2, 3, or 4. (c) Restitution under this section shall include [state restitution statute] and [any of the following if not already included in the State statute]: (1) costs of medical and psychological treatment; (2) costs of physical and occupational therapy and rehabilitation; (3) costs of necessary transportation, temporary housing, and child care; (4) attorney’s fees and other costs such as victim advocate fees; (5) the greater of (i) the gross income or value to the defendant of commercial sex acts or sexually-explicit performances of the victim, or labor or services, or (ii) the value of the trafficking victim’s labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) and [insert State name] labor laws. (6) return of property, cost of damage to property, or full value of property if destroyed; (7) compensation for emotional distress, pain, and suffering; and (8) Expenses incurred by an adult victim in relocating away from the defendant, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items. Expenses incurred pursuant to this section shall be verified by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim.; and (9) any other losses suffered by the victim. (d) Restitution shall be paid to the victim promptly upon the conviction of the defendant, with the proceeds from property forfeited under this Title applied first to payment of restitution. The return of the victim to her or his home country or other absence of the victim from the jurisdiction shall not prevent the victim from receiving restitution. (e) Nonpayment or delay in payment of restitution shall be governed by [state restitution statute(s) governing non-payment or delay in restitution payments]. CIVIL LIABILITY 74 (a) An individual who is a victim of trafficking may bring a civil action in the appropriate state court. The court may award actual damages, compensatory damages, punitive damages, injunctive relief, or any other appropriate relief. A prevailing plaintiff shall also be awarded attorney’s fees and costs. Treble damages shall be awarded on proof of actual damages where defendant’s acts were willful and malicious. (b) Any statute of limitation imposed for the filing of a civil suit will not start to toll until any minor plaintiff has reached the age of majority. An appropriate Statute of Limitations for filing a civil suit is 10 years. (c) If a person entitled to sue is under a disability at the time of the cause of action accrues, so that it is impossible or impracticable for him or her to bring an action, then the time of the disability is not part of the 74

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time limited for the commencement of the action. Disability includes insanity, imprisonment, or other incapacity or incompetence. (d)The running of the statute of limitations may be suspended where a person entitled to sue could not have reasonably discovered the cause of action due to circumstances resulting from the trafficking situation, such as psychological trauma, cultural and linguistic isolation, and the inability to access services. (e) A defendant is estopped to assert a defense of the statute of limitations when the expiration of the statute is due to conduct by the defendant inducing the plaintiff to delay the filing of the action, or due to threats made by the defendant causing duress upon the plaintiff. FORFEITURE (a) All offenses under this chapter shall qualify as offenses for forfeiture and thereby subject to the provisions under [state forfeiture statute]. (b) Overseas assets of persons convicted of trafficking in persons shall also be subject to forfeiture to the extent they can be retrieved by government. (c) Any assets seized shall first be used to pay restitution to trafficking victims, as well as any punitive damages awarded to victims in the civil action. STATUTE OF LIMITATIONS (a) Any statute of limitations that would otherwise preclude prosecution for an offense involving the trafficking of a child under the age of 18 years, or the physical or sexual abuse of a child under the age of 18 years, shall be tolled until such time as the victim has reached the age of 18 years. (b) An action for trafficking in persons where the victim is not a minor shall be brought within [see applicable state statute of limitations for sex offenses or kidnapping] (c) An action for unlawful conduct with respect to documents shall be brought within six years. (d) The running of the statute of limitations may be suspended where a person entitled to bring a claim of trafficking in persons, not have reasonably discovered the cause of action due to circumstances resulting from the trafficking situation, such as psychological trauma, cultural and linguistic isolation, and the inability to access services. APPLICABILITY OF LABOR STANDARDS ((a) Standards for working conditions specified in [insert reference to appropriate law] shall apply equally to persons with or without the legal right to work in the United States. (b) The state shall investigate complaints of unlawful working conditions without regard to the immigration status of complainants and without regard to the nature of the work or services involved. SENTENCING ENHANCEMENTS (a) Sentencing Considerations in cases involving Rape, Extreme Violence, or Death. If the violation of this Article involves kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit

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aggravated sexual abuse, or an attempt to kill, the defendant commits a [Class A felony or felony in the 1st degree]. (b) Additional Sentencing Considerations. (1) Bodily Injury. If, pursuant to a violation of this Article, a victim suffered bodily injury, the sentence may be enhanced as follows: (i) Bodily injury, an additional _ years of imprisonment; (ii) Serious Bodily Injury, an additional _ years of imprisonment; (iii) Permanent or Life-Threatening Bodily Injury, an additional _ years of imprisonment; (iv) If death results, defendant shall be sentenced in accordance with Homicide statute relevant for level of criminal intent. (2) Time in Servitude. In determining sentences within statutory maximums, the sentencing court should take into account the time in which the victim was held in servitude, with increased penalties for cases in which the victim was held for between 180 days and one year, and increased penalties for cases in which the victim was held for more than one year. (3) Number of Victims. In determining sentences within statutory maximums, the sentencing court should take into account the number of victims, and may provide for substantially increased sentences in cases involving more than 10 victims.

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Section 2: PREVENTION OF TRAFFICKING STATE TASK FORCE FOR PREVENTION OF TRAFFICKING 75 (a) The Governor shall establish an inter-agency task force to develop and implement a State Plan for the Prevention of Trafficking in Persons. Such a task force shall meet at least annually and should include all aspects of trafficking, including sex trafficking and labor trafficking of both U.S. citizens and foreign nationals. (b) “Trafficking” shall be defined as in Criminal Provisions 1 and 2 of this Act. (c) The Governor shall appoint the members of the task force, which shall include, at a minimum, representatives from: (1) The Attorney General’s Office; (2) The Department of Labor (if applicable); (3) The Police Chiefs’ Association; (4) The State Sheriff’s Association; (5) The State Police; (6) Local law enforcement entities; (7) The Department of Health; (8) The Department of Social Services; and (9) Representatives from Non-Governmental Organizations, especially those specializing in trafficking in persons, those representing diverse communities disproportionately affected by trafficking, agencies devoted to child services and runaway services, and academic researchers dedicated to the subject of human trafficking. (d) The task force shall carry out the following activities either directly or via one or more of its constituent agencies as appropriate: (1) Develop the State Plan for the Prevention of Trafficking in Persons. (2) Coordinate the implementation of the Plan. (3) Coordinate the collection and sharing of trafficking data among government agencies, which data collection shall respect the privacy of victims of trafficking. (4) Coordinate the sharing of information between agencies for the purposes of detecting criminal groups engaged in trafficking. (5) Explore the establishment of State policies for time limits for the issuance related to Law Enforcement Agency Endorsement (LEA) regulations as found in Section 214.11 (f)(1) of Chapter 8 of the Code of Federal Regulations. (6) Establish policies to enable state government to work with non-governmental organizations and other elements of civil society to prevent trafficking and provide assistance to U.S. citizen and foreign national victims. (7) Review the existing services and facilities to meet trafficking victims’ needs and recommend a system that would coordinate such services, including but not limited to: health services; housing; education and job training; English as a second language classes; interpreting services; legal and immigration services; and victim compensation. (8) Evaluate various approaches used by state and local governments to increase public awareness of the trafficking in persons, including U.S. citizen and foreign national victims of trafficking.

The state task force provisions incorporate language from the Department of Justice’s Model Law, and the Washington, Connecticut, and Arizona State Task Force Statutes. See Wash. Rev. Code § 7.68; Connecticut Substitute House Bill No. 5358, Special Act No. 04-8 (approved May 21, 2004, effective October 1, 2004); Arizona S.B. 1300 (proposed February 4, 2004).

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(9) Submit an annual report of its findings and recommendations to the governor, the speaker of the House of Representatives and the President of the Senate on or before December 31. DATA COLLECTION AND DISSEMINATION (a) The state shall, in cooperation with other appropriate authorities collect and periodically publish statistical data on trafficking. (b) The state shall elicit the cooperation and assistance of other government agencies, non-governmental organizations, and other elements of civil society as appropriate to assist in the data collection required under (a). (c) The appropriate authorities in each agency that play a vital role in addressing trafficking shall make best efforts to collect information relevant to tracking progress on trafficking, including but not limited to: (1) numbers of investigations, arrests, prosecutions, and successful convictions of traffickers and those committing trafficking related crimes (pimping, pandering, procuring, maintaining a brothel, child pornography, visa fraud, document fraud, and other crimes related to trafficking); (2) the estimated number and demographic characteristics of persons engaged in acts as defined in Criminal Provisions 1a and 1b and 2a and 2b, as well as those persons who purchase or receive commercial sex acts or sexually-explicit performances, or labor or services, from victims of trafficking in persons (3) statistics on the number of victims, including nationality, age, method of recruitment, and country, state, and/or city of origin, etc.; (4) trafficking routes and patterns (States or country of origin, transit States or countries); (5) methods of transportation (car, boat, plane, foot), if any transportation took place; and (6) social and economic factors that contribute to and foster the demand for all forms of exploitation of persons that leads to trafficking. TRAINING (a) The state shall provide training for law enforcement, and other relevant officials in addressing trafficking in persons. (b) Such training shall focus on: (1) the provisions and new crimes contained in the newly passed bill (2) methods used in identifying U.S. citizen and foreign national victims of trafficking, including preliminary interview techniques and appropriate questioning methods; (3) methods for prosecuting traffickers; (4) methods of increasing effective collaboration with non-governmental organizations and other relevant social service organizations in the course of a trafficking case; (5) methods for protecting the rights of victims, taking into account the need to consider human rights and special needs of women and children victims, and that victims should be treated as victims rather than criminals; and (6) methods for promoting the safety of victims, including, for example, the training of police to recognize U.S. citizen and foreign national victims of trafficking quickly. (c) The state shall seek the input and/or participation of appropriate non-governmental organizations and other relevant organizations in the preparation and presentation of training called for in this Section.

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PUBLIC AWARENESS. (a) The state in cooperation with appropriate non-governmental organizations shall prepare public awareness programs designed to educate potential victims of trafficking in persons and their families of the risks of victimization. Such public awareness programs shall include, but shall not be limited to: (1) information about the risks of becoming a victim, including information about common recruitment techniques, use of debt bondage, and other coercive tactics, risk of maltreatment, rape, exposure to HIV/AIDS and other sexually transmitted diseases, and psychological harm related to victimization in trafficking cases; (2) information about the risks of engaging in commercial sex and possible punishment; and (3) information about potential victims rights in [insert State] as well as methods for reporting suspected recruitment activities. (4) Information on hotlines and available victim’s services. (b) General Public Awareness.—The state in cooperation with other appropriate government agencies and appropriate non-governmental organizations or other elements of civil society shall prepare and disseminate public awareness materials to educate the public on the extent of trafficking in persons, both U.S. citizens and foreign nationals, within the United States; and to discourage the demand that fosters the exploitation of persons and that leads to trafficking. (c) Such materials may include information on the impact of trafficking on individual victims, whether U.S. citizens or foreign nationals, aggregate information on trafficking worldwide and domestically, as well as warnings of the potential for criminal consequences for taking part in trafficking. Such materials may include, as appropriate, pamphlets, brochures, posters, advertisements in mass media, and any other appropriate methods. (d) Privacy limitation.—Materials described in this section may include information on the impact of trafficking on individual victims. However, any information on the experiences of individual victims shall preserve the privacy of the victim and the victim’s family. (e) All public awareness programs shall be evaluated periodically to ensure their effectiveness. GRANTS (a) Subject to the availability of appropriations, the State Legislature shall make grants to units of local government, Indian tribes, and nonprofit, nongovernmental victims’ service organizations to develop, expand, or strengthen victim service programs for victims of trafficking, whether U.S. citizens or foreign nationals; to carry out the purposes of Section One for the Prevention of Trafficking; and to carry out the purposes of Section Three for Victim Protection. ROLE OF NON-GOVERNMENTAL ORGANIZATIONS (a) For each State initiative for the prevention of trafficking, including but not limited to those listed above (State task force; data collection and dissemination; training; and public awareness), the State shall seek out and enlist the cooperation and assistance of non-governmental organizations, especially those specializing in trafficking in persons, those representing diverse communities disproportionately affected by trafficking, agencies devoted to child services and runaway services, and academic researchers dedicated to the subject of trafficking.

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Section 3: VICTIM PROTECTION PROTECTION FOR THE SAFETY OF VICTIMS (a) Investigative, prosecutorial, and other appropriate authorities shall take all steps necessary to identify victims of trafficking, both U.S. citizen and foreign national victims, including interviewing all persons arrested on charges of prostitution. Once victims are identified, these authorities shall provide reasonable protection to victims of trafficking to prevent recapture by the traffickers and their associates, secure the victim and the victim’s family [if they reside in the United States] from threats, reprisals or intimidation by the traffickers and their associates, and ensure the victim has an opportunity to consult with a victim advocate or other appropriate person to develop a safety plan. WITNESS PROTECTION (a) Victims of trafficking in persons, whether U.S. citizens or foreign nationals, who are witnesses or potential witnesses may be eligible for applicable witness relocation and protection programs for victims of organized criminal activity or other serious offenses, if it is determined that an offense involving a crime of violence directed at the witness or potential witness is likely to be committed. The programs may include: (1) relocation; (2) new identity, documents establishing identity; (3) new residence; (4) employment or work permits; or (5) protection of confidentiality of identity and location. ACCESS TO THE STATE CRIME VICTIMS COMPENSATION FUND Victims of trafficking in persons are entitled to forms of compensation under the State Crime Victim Compensation Fund. PROTECTION FOR THE PRIVACY OF VICTIMS In a prosecution for violations of this Title, the identity of the victim and the victim’s family should be kept confidential by ensuring that names and identifying information of the victim and victim’s family are not released to the public, including by the defendant. INFORMATION FOR VICTIMS (a) The state shall inform victims of trafficking, in a language they can understand, of their legal rights and the progress of relevant court and administrative proceedings, as appropriate, including but not limited to prosecution of the criminal offenders, proceedings for the return of the victim to their country of citizenship or lawful residence, and procedures for seeking legal immigration status. (b) The state crime victim’s compensation fund under chapter 351 shall inform victims of trafficking in persons of immigration benefits they may receive under Federal laws, and assist victims in obtaining such benefits. OPPORTUNITY FOR PRESENTATION OF VICTIM’S VIEWS AND CONCERNS The state shall provide an opportunity to a victim of trafficking, if the victim desires it, to present the victim’s views and concerns at appropriate stages of criminal proceedings against traffickers, in a manner not prejudicial to the rights of the defendant. An interpreter who speaks a language the victim understands should be made available to the victim during the course of legal proceedings. Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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SUPPORT FOR VICTIMS (a ) Within 180 days of the enactment of this legislation, the state shall develop plans, in consultation with non-governmental organizations and other elements of civil society, for the provision of appropriate services, from governmental and non-governmental sources, for victims of trafficking, whether U.S. citizens or foreign nationals, and dependent children accompanying the victims, including, but not limited to: (1) appropriate housing, taking into account the person’s status as a victim of crime and including safe conditions for sleeping, food and personal hygiene; (2) psychological counseling in a language the victim can understand; (3) medical assistance in a language the victim can understand; (4) other material assistance as appropriate; (5) employment, educational, and training opportunities; and (6) legal assistance in a language the victim understands. (b) Victims of trafficking in persons and their accompanying dependent children shall be entitled to receive social benefits in the same manner as refugees. (b) Residence in shelters or other facilities established under this section shall be voluntary, and victims may decline to stay in shelters. (c) Victims shall have the option to communicate with and receive visits from family, friends, attorneys, and advocates. (d) Whenever possible, victims of trafficking shall not be housed in prisons or other detention facilities for accused or convicted criminals. Child victims of trafficking shall not be housed in prisons or other detention facilities for accused or convicted criminals under any circumstances. (e) The authorities described in (a) shall take into account the age, gender, and special needs of victims and accompanying dependent children in formulating plans to provide services to them and in delivering such services. (f) Plans developed in accordance with (a) shall be submitted for approval to appropriate State authorities, which shall also undertake periodic reviews of the plans and their implementation to ensure compliance with the requirements of this Article and to ensure that all victims are treated with respect for their human rights and dignity. APPROPRIATE IMPLEMENTATION FOR CHILD VICTIMS (a) The provisions of this Title shall be provided to trafficking victims who are children in a manner that is in the child’s best interests and appropriate to their situation. Child trafficking victims shall be provided with appropriate services, which may include understanding of their rights, privacy, housing, care, and ageappropriate support and rights specified in Article III. Special programs should be developed to accommodate child witnesses including, but not limited to: (1) testimony of minor conducted outside court setting or by video; (2) all testimony and court proceedings take place with parent, legal guardian or foster parent present; (3) whenever safe and possible, children should be reunited with family members either in country of origin or destination country; (4) special mental and physical medical care tailored to the child’s needs; or (5) upon resettlement in a new country, child victims of trafficking should be guaranteed education that at least matches the general standard of education in the country.

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HUMAN TRAFFICKING VICTIM-CASEWORKER PRIVILEGE (a) A trafficking victim, whether or not a party to the action, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the victim and a human trafficking caseworker if the privilege is claimed by any of the following persons; (1) The holder of the privilege; (2) A person who is authorized to claim the privilege by the holder of the privilege; (3) The person who was the human trafficking caseworker at the time of the confidential communication. However, that person may not claim the privilege if there is no holder of the privilege in existence or if he or she is otherwise instructed by a person authorized to permit disclosure. The human trafficking caseworker who received or made a communication subject to the privilege granted by this article shall claim the privilege whenever, he or she is present when the communication is sought to be disclosed and he or she is authorized to claim the privilege under this section. (b) A human trafficking caseworker shall inform a trafficking victim of any applicable limitations on confidentiality of communications between the victim and the caseworker. This information may be given orally. (c) As used in this article, “human trafficking caseworker” means any of the following: (1) A person who is employed by any organization providing the programs specified in Title 20 whether financially compensated or not, for the purpose of rendering advice or assistance to victims of human trafficking, who has received specialized training in the counseling of human trafficking victims, and who meets one of the following requirements: (i)Has a master’s degree in counseling or a related field; or has one year of counseling experience, at least six months of which is in the counseling of human trafficking victims. (ii) Has at least 40 hours of training as specified in this paragraph and is supervised by an individual who qualifies as a counselor under subparagraph (i), or is a psychotherapist. The training, supervised by a person qualified under subparagraph (i), shall include, but need not be limited to, the following areas: history of human trafficking, civil and criminal law as it relates to human trafficking, societal attitudes towards human trafficking, peer counseling techniques, housing, public assistance and other financial resources available to meet the financial needs of human trafficking victims, and referral services available to human trafficking victims. A portion of this training must include an explanation of privileged communication. (d) As used in this article, “confidential communication” means information transmitted between the victim and the caseworker in the course of their relationship and in confidence by a means which, so far as the victim is aware, discloses the information to no third persons other than those who are present to further the interests of the victim in the consultation or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the human trafficking counselor is consulted. It includes all information regarding the facts and circumstances involving all incidences of human trafficking. (e) As used in this article, “holder of the privilege” means the victim when he or she has no guardian or conservator, or a guardian or conservator of the victim when the victim has a guardian or conservator. PROTECTION OF TRAFFICKING AND DOMESTIC VIOLENCE SHELTERS (a) Any person who maliciously publishes, disseminates, or otherwise discloses the location of any trafficking shelter or domestic violence shelter or any place designated as a trafficking shelter or domestic violence shelter, without the authorization of that trafficking shelter or domestic violence shelter, is guilty of a misdemeanor. Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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(b) (1) For purposes of this section, “domestic violence shelter” means a confidential location which provides emergency housing on a 24-hour basis for victims of sexual assault, spousal abuse, or both, and their families. (2) For purposes of this section, “trafficking shelter” means a confidential location, which provides emergency housing on a 24-hour basis for victims of human trafficking.

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Appendix D: Ohio News Articles and John Board Comments__________________________ News articles were borrowed from Ohio local newspapers and news shows. Links are provided at the end of articles to the original publishing site. January 27, 2006 nbc4i.com

Undercover Officers, Deputies Bust Alleged Prostitution House Police Search For Alleged Madam UPDATED: 7:45 pm EST January 27, 2006

COLUMBUS, Ohio -- Two California women were arrested and charged with engaging in prostitution after a massage parlor was raided Friday afternoon. The raid took place at the Ocean Health Spa, located at 4392 Indianola Ave., at about 2:30 p.m., NBC 4's Erin Tate reported. Watch The Report SLIDESHOWS: Images From Raid | June Prostitution Busts Bags of condoms and $15,000 in cash that was wrapped in aluminum foil were taken from the business at about 2:30 p.m. Columbus police and Franklin County sheriff's deputies executed a search warrant inside the massage parlor, alleging that much more was taking place inside. The business was a front for organized prostitution, according to Franklin County Chief Deputy Steve Martin. The women who were arrested are both 50 years old, Tate reported. A male customer was inside the business at the time of the undercover operation, but he was not arrested, Tate reported. Law enforcement was looking for several other suspected prostitutes who work at the Ocean Health Spa, along with the madam who is suspected of running the operation. Authorities did not release her name but said she faces more serious charges of promoting prostitution. "It's sort of almost like a slave trade," said Franklin County Chief Deputy Steve Martin. "These females are shipped from one location to another, all over the country. Every time we get driver's licenses or ID from them, we get them from Boston, L.A., Houston, Texas." Martin said the operator of the Ocean Health Spa is different from the person who ran the Oasis Health Spa at the exact location. The Oasis Health Spa was raided in June for similar crimes, along with the Jade Clinic, located on East Dublin-Granville Road.

Website: http://www.nbc4i.com/news/6505919/detail.html

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January 8, 2006 Toledo Blade: toledoblade.com

Crackdown exposes Toledo as a hub of teen prostitution Local residents provide management, muscle, recruits for national operation By ROBIN ERB and ROBERTA de BOER BLADE STAFF WRITERS

First of three parts If the brutal world of teenage prostitution were a legitimate business, Toledo would be among its top employment agencies. It has supplied top management — iron-fisted pimps who demanded worker productivity and loyalty. It has supplied middle management — adult hookers under orders to beat discipline into underearning or renegade prostitutes. And, most shocking of all, Toledo supplied the product — girls as young as 12, sometimes kidnapped, always sold for sex. "I know the FBI is concentrating on Toledo, and I know Toledo is one of the top cities in the country for teen prostitution," said Celia Williamson, a University of Toledo professor known nationally for research of prostitutes. Deb Hodges, a top Lucas County Juvenile Court official, agreed: "We had one of the federal investigators tell us that Toledo was the No. 1 recruiting spot in the United States. ... It was mind-boggling." Until recently, it was also largely undetected. "We here in Toledo had no idea that this was going on," said Dave Bauer, an assistant U.S. attorney in Toledo. One big problem, he said, is that underage prostitution is "a mobile business." Recruited here, the girls didn't stay long. Pimps quickly shuttled them across the country, and "they would quite easily fly under our radar screens," Mr. Bauer said. Federal investigators last month charged 31 men and women with herding teens - including at least nine girls from the metro Toledo area - across state lines as sex slaves in a highly profitable and violent prostitution ring. These were neither street- walkers nor escort-service girls, authorities said. Instead, the teens were rotated among motels, truck stops, and highway welcome centers. Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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But while the feds are able to lay out the inner workings of the Toledo-based prostitution ring, they can't explain why a handful of local pimps became such big players on the national scene, providing girls to more than a dozen states stretching from California to the nation's capital. "Everybody has been saying, 'Why Toledo? Why Toledo?' And we don't know why," said John Stossel, one of the FBI agents leading the investigation. The indictments, part of a massive child-prostitution crackdown the feds called "Innocence Lost," spelled out the sophistication and high level of organization among pimps who managed the business: setting prices, establishing work schedules, and negotiating turf. Gordon Zubrod, an assistant federal prosecutor in Harrisburg, Pa., called it a "loose confederacy" of pimps, each with his own turf but enough reason to get along. "They're all homeboys from Toledo, and it's to their benefit to cooperate," he said. The local network expanded two years ago, after the feds cracked down on another national sexfor-hire operation in Oklahoma City. The Toledo defendants, many of whom had operated the sex trade for years, "stepped into the vacuum," Mr. Zubrod said. "This opened the door." Brutal business It's a business that traffics in human misery. "The cruelty has been astounding," Mr. Zubrod said. "Most of the women will have testimony [ranging] from having been pistol-whipped to having bones broken." It's clear how pimps benefit: The indictments track coast-to-coast wire transfers totaling hundreds of thousands of dollars. But what lures girls too young for admission to R-rated movies into this Triple-X world? A few are kidnapped and forced into the sex trade by violence. For many others, "prostitution is a continuation of the victim's sexual exploitation, not the beginning," FBI Assistant Director Chris Swecker said at a Justice Department news conference last month in Washington announcing the arrests. For these girls, he and others said, it's a simple trade-off: Prostitution looks better than a home life of neglect or abuse. A man who seems kind and attentive - at least at first - can be irresistible. Still other girls leave home "for the thrill of it," stumbling into forced prostitution along the way, said Jim Anderson, one of the Toledo Police Department's missing-persons detectives. "They're 14, 15 years old. What do they really know at that age?"

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Rebellion Denise was 14 then. She knew. A girlfriend told Denise, whose real name is not being used at her request. "She said, 'I met this guy and he's a pimp … He's got all these ho's and they work for him and they give him their money.' " To the South Toledo teen, the scenario sounded "fascinating" - or at least like an escape hatch from a home she said she shared with a hooker mother who was often drunk or high. Maybe, Denise speculated, that's why her mother never noticed that two family friends had molested the teen for years. One day Denise found her mother crying at the kitchen table. "Why didn't you tell me?" she asked her child. But in Denise's mind, the better question was: How could you not have known? "I think I was hardened. I didn't cry," Denise recalled. "I think that's when the resentment began toward my mother." She skipped school. She smoked dope. She was "deep into rebelling." And one day, she simply didn't come home. Standing at a pay phone at a church festival, she punched in the phone number for the pimp she got from her girlfriend. "He was in Harrisburg. I tell him about the [latest] altercation with my mom. I said, 'Can I come out with you?' He said, 'You know what you'll be doing?' " She knew. "He said, 'You know you'll be prostituting?' " She knew. "He said, 'You know you're going to have to give me the money?' I said, 'Yeah, I want to be there.' " A smack in the face Hours after Denise stepped off the bus in Harrisburg, Pa., it wasn't the transactional sex that surprised her. It was the violence.

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Even now, seven years out of the business and removed from the control of any pimp, she still regards split lips and black eyes as mere occupational hazards. "He was pretty good to me," she said of her pimp. "I can count on two hands the times he hit me." Other girls, she added, had less merciful pimps and less luck with johns. "I know girls who didn't make it out alive," she said. Denise's story wasn't outlined in the recent indictments, but it might as well have been. In the world of paid sex, brutality is a standard means of maintaining a business structure - or, as prostitution researcher Ms. Williamson described it, "the rapes and the beatings and the stabbings and the brandings." Ironically, investigators said it was the pimps who complained about working conditions. "Both my hands were swelled up because I beat the bitch so much," the feds quoted one accused pimp as saying. That same man ended another beating only when he fractured his own hand, authorities said. Another defendant confided to a fellow pimp that he beat a hooker for pulling in only $700 for a night's work. Still another, authorities said, broke a woman's nose - an assault he'd been accused of twice before in Toledo. And in 2004, under investigation for a hooker's murder for which he was later exonerated, he talked bluntly with authorities in Indiana about pimp discipline. "He said, 'Sometimes the only thing to get her attention is to hit her in the face,' " said Lt. Clarke Fine of the Hendricks County Sheriff's Office, near Indianapolis. The brutality outlined in the indictments could indeed represent a long-standing practice of controlling women through force. At least four of the Toledo men previously were accused of violence. In separate court cases, local police said these men, acting independently of one another: • Locked a minor behind an "iron door" and raped her. • Used a chain to beat another woman's face and body "for approximately three hours." • Kidnapped a female and forced her to perform oral sex until she finally managed to leap "from [the] moving auto at Summit and Cherry." • Smashed a bottle against a young girl's head. The latest indictments claimed violence was sometimes even delegated to veteran prostitutes.

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In another business setting, they might be called executive assistants. In the sex trade, they're known as "bottom bitches" - part enforcer, part cashier, and part recruiter. Prosecutor Zubrod said these women will, "under orders, attack another prostitute and beat [her] with their fists or stab her or any number of things." Fake IDs, real money If Toledo was a recruitment hot spot, Harrisburg was its distribution center. Like no place else in the country, five major highways meet in the city, delivering an unending supply of paying customers. "You can't do that in Chicago or L.A. or Atlanta," Mr. Zubrod said. Wire transfers of tens of thousands of dollars - for food, fuel, clothes, and lodging - allowed the girls to crisscross the country. Outfitted with fake identities, they remained as invisible as the underground economy in which they operated. Denise picked up the routine quickly once she arrived in Harrisburg. Arrested? Never give your real name or age. "You go to grown-up jail. You go to grown-up court. And you pay grown-up money. Then you're back to work," she said. In one case last spring, a pimp turned to rote memorization to train two kidnapped Toledo teens. "I know as far as the Social Security numbers and the IDs, both of the girls had to write on seven pieces of paper, front and back, on every single line, all their false information," the mother of one of the girls told The Blade. Pimps monitored each other's product and services, purchasing women from one another and sharing trade secrets. One inquired about another pimp's profits, according to the affidavit, which said "[he] replied that he had made a $10,000 down payment on a Cadillac and still had $17,000 left." It was the "sophistication and the organization of the whole network" that stunned Mike Brennan, a longtime Lucas County juvenile probation officer. "I was blind-sided by the magnitude of it. When I got a call from a federal prosecutor [about the network], I was like, 'Yeah, yeah, it's probably some overzealous prosecutor.' " Now, he said, he has a keener understanding of how these men exploit children for a living. "These aren't dummies we're dealing with," he said. Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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Too old for this Now 26, Denise relaxed in her living room recently, her two girls playing on the floor and a Christmas tree in the corner. In the end, she said, it was the gun pressed to the back of her neck that pushed her out of the business for good. The night it happened, she was six months' pregnant and tired. She'd climbed into the tractor-trailer too willingly, relaxing her guard after the driver offered $60 for a $50 sex act. Instead, she saw the flash of a silver handgun. He sneered. She pleaded for her life. "You know what? I'm pregnant. Please don't do this." He raped her and said she was lucky. "I killed bitches," she remembered him saying. "I'm going to let you live.'" Screaming, she ran from the truck. She knew her pimp would find her. He did. She knew he would beat her. He did. "He found me at a hotel. It was the worst he ever beat me." From a hospital later that night, the battered mother-to-be sneaked out a back exit. If he found her again, she'd deal with it then. For now, she wanted out. Anyway, she reasoned, she was getting too old for all this. She was 18. Website: http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20060108/NEWS08/601080333&SearchID=732 34063428534

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December 13, 2005 Baptist pastor accused of raping Thai immigrant Copyright 2005 Associated Press

PARMA, Ohio - The senior pastor of Parma Baptist Church in Cleveland's biggest suburb has been accused of raping a Thai immigrant and threatening to have her deported if she reported the crime. Senior Pastor Richard G. Manning, 48, of Parma Heights, was arraigned Monday on a single felony rape count and was held on $100,000 bond to await a Thursday court hearing. Manning (pictured, above) arrived at the church in September after working for seven years in churches in the Oklahoma City area. Manning told police that before that he lived in Thailand for 15 years. The woman, in her 40s, is not a member of the church. She called police on Saturday. She and Manning were introduced when he arrived in town because she is a native of Thailand, Parma police Capt. Robert DeSimone said. She told police that Manning had raped her several times since November. Police said he coerced her into having sex by making her believe he could have her deported because she is not a U.S. citizen. Associate Pastor Tim Shamburger said the church was aware of the charge and was waiting for the legal process to runs it course before taking any action. There was no answer at Manning's home. A message seeking comment was left there Tuesday.

Website: http://www.woio.com/Global/story.asp?S=4238702&nav=menu68_2

December 15, 2005

U.S. indicts 4 in prostitution operation FBI agents say two teenage girls were forced to work as hookers at Dexter truck stop. David Shepardson / The Detroit News December 15, 2005

DETROIT-- A federal grand jury indicted four Ohio residents on charges they forced two girls, ages 14 and 15, to work as prostitutes at a Washtenaw County truck stop. Three of the four were arrested Tuesday in Toledo and were scheduled to appear today in U.S. District Court in Detroit. The case is one of several continuing child trafficking investigations by the FBI in Detroit. Two of the Ohioans arrested are adult prostitutes, the FBI said. "This is among the most serious sorts of offenses that we prosecute," U.S. Attorney Stephen J. Murphy said Wednesday. "This is degenerate behavior exhibited by defendants who have no respect for the innocence of their victims and we intend to ask for the most severe penalties available in these cases." Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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Murphy said one of the girls sought help from a truck driver who called police. The case is part of a nationwide crackdown on human trafficking by the Justice Department. Attorney General Alberto Gonzales plans to tout the Michigan case Friday as evidence of the Justice Department's aggressive efforts to battle child trafficking for prostitution. On May 23, 2005, Washtenaw County Sheriff's deputies were called to the TA Truck Stop in Dexter. They had received a complaint that prostitution was occurring and found a trucker, Richard Lamar Gordon, with two women, including a 14-year-old identified as Jane Doe 1. The 14-year-old said that in exchange for $100 she had sex with Gordon in his truck, FBI Special Agent Robert Schmitz said in an affidavit. The indictment said the girls had sexual relations with four men at the truck stop. In addition, both were forced to have sex with hotel patrons in Toledo, the indictment said. Gordon was among the four indicted on charges of conspiracy, sexual trafficking of children and interstate transportation of minors for prostitution. Gordon was at large. Deric Willoughby, 40, Jennifer Huskey, 24, and Brandy Shope, 19, were arrested Tuesday in Toledo and ordered held by a federal magistrate. They will make a court appearance in Detroit this afternoon. The girls were instructed to call Willoughby "Daddy" "and further instructed that they were required to obey 'Daddy' or else they would suffer physical harm," the indictment said. The money was given to Brandy Shope who allegedly gave it to Willoughby. Website: http://www.detnews.com/apps/pbcs.dll/article?AID=/20051215/METRO/512150343/1003

December 10, 2005

Man charged with acting as pimp to juvenile prostitutes MARK SCOLFORO Associated Press

HARRISBURG, Pa. - A man accused of running a prostitution ring recruited girls younger than 18 - once paying $600 for a 17-year-old girl - and moved them from state to state for his business, a federal grand jury said in an indictment. Franklin Robinson, 36, of Toledo, Ohio, was arraigned Tuesday on a seven-count indictment after being arrested in Michigan, said Assistant U.S. Attorney Gordon Zubrod in Harrisburg. Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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He pleaded not guilty to charges that include three counts of transporting minors across state lines with the intent to engage in sexual activity. Authorities said Robinson, using such aliases as Michael Tucker, "Silk" and "Silky Red," has run prostitution rings in at least 10 states since 2001: Pennsylvania, Ohio, Michigan, Indiana, Illinois, Arkansas, Virginia, Georgia, Maryland and Tennessee, as well as Washington, D.C. Earlier this year, he allegedly brought two girls from Toledo to work as prostitutes in Harrisburg, the grand jury said. The indictment also claims he recruited prostitutes from Georgia, Ohio and New York and brought 12 prostitutes from Toledo to work in Harrisburg in March. Court records say Robinson wired more than $3,500 related to his prostitution activities from the Harrisburg area to Ohio and Indiana, or from Indiana to Ohio, in 2001. He is quoted in the indictment telling someone that he once beat a prostitute so badly his hands swelled up, and with threatening to cut the throat of a man he thought was causing trouble for one of his girls. Zubrod declined comment on the case. Robinson's lawyer, Heidi R. Freese, said she has spoken with Robinson - who is being held without bail at the Dauphin County Prison - since being appointed his lawyer earlier in the week. "All I can tell you at this point is it appears to be a complicated case," she said Friday. The grand jury this week also indicted George Finley Esquire and Harold L. Harris, described as Robinson's half brothers or stepbrothers, on charges of attempting to destroy photographs at Robinson's home that were evidence. Those alleged acts occurred on Nov. 10, one day after Esquire had testified before the Harrisburg grand jury, according to court records. Esquire, 24, allegedly gave investigators and the grand jury "false, misleading and evasive" statements about his involvement with Robinson. Harris is accused of helping Esquire evade police surveillance by driving him at high speeds from the Toledo airport. The two men are charged with obstruction of justice, witness tampering and conspiracy.

Website: http://www.philly.com/mld/philly/13371043.htm

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August 5, 2005

Accused pimp is indicted in killing By Tony Cook Post staff reporter Accused pimp Angel "Skinny" Batista shot a customer execution-style after a confrontation at the brothel he ran in Springdale, according to prosecutors. The 40-year-old Batista, who police say is an illegal immigrant from the Dominican Republic, was indicted by a Hamilton County grand jury Thursday on charges of murder and promoting prostitution. He faces 15 years to life in prison if convicted. Rodolfo Garcia Samano, 30, an illegal immigrant from Mexico living in Springdale, visited a prostitute at Batista's brothel at 484 West Kemper Road the evening of May 10, 2004, prosecutors said. The brothel was part of a multi-state prostitution ring that had locations in Kentucky and Indiana as well, said Springdale police. Samano returned after hours that night at the invitation of the prostitute, said Springdale Police Detective James Grindle. Samano demanded to see the prostitute again, at which point a brothel employee called Batista, prosecutors said. He showed up with two other men, according to authorities. After an altercation, the three men forced Samano to kneel down and shot him execution-style in the upper back, prosecutors said. Authorities arrested Batista in Detroit after a traffic stop. Border patrol was called in to interpret because Batista could not speak English. Unsatisfied with his answers, authorities took him to a police station and ran his fingerprints. They found Batista was wanted here on four warrants related to improper use of identification. The presence of a brothel in Springdale was "surprising," according to Grindle. The operation was difficult to detect because foreigners in the area often house many family members, he said. "Seeing people go in and out of the home a lot is not unusual," he said. "It didn't draw attention in that regard." Batista had at least eight aliases, said Grindle, and often went by the nickname "Skinny" or its Spanish equivalent, "El Flaco." The prostitution ring included girls from all over the country, some of them illegal aliens, Grindle said. "My understanding is the girls were in town one, two or three weeks and were then transported into Kentucky. We've been told they've been in Indiana, too," he said.

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The girls were rotated so that the brothel boasted new girls every couple weeks, he said. Batista promoted his operation with business cards that were distributed at places such as cash checking stores and restaurants, Grindle said. They were written in Spanish. Police have several other suspects in the case, but no one has been arrested, he said.

Website: http://news.kypost.com/apps/pbcs.dll/article?AID=/20050805/NEWS01/508050348/1/BACK01

July, 11, 2005 Police Bust Suspected Brothels July 11, 2005, 06:19 PM EDT WBNS-10TV Columbus police busted two suspected brothels Wednesday. Members of the vice squad spent three months undercover investigating two massage parlors, both believed to be fronts for prostitution. The two parlors include the Oasis Health Club on Indianola Avenue and the Jade Clinic on DublinGranville Road. Detectives arrested four women, suspected of managing the operations. Police are not releasing the identities of the suspects, but say they will all face charges of prostitution soliciting and promoting prostitution. Investigators says they have busted these places before and there could be a number of people involved, with possible ties to other states. Website: http://www.wbns10tv.com/global/story.asp?s=3509926&ClientType=Printable

June 24, 2005 Columbus New Details On Alleged Prostitution Ring June 24, 2005, 05:48 PM EDT Reported by Patrick Bell Women who, police say, made a huge living selling their bodies are facing serious charges, but 10TV has learned new details about just how that suspected prostitution operation was run. The heavy steel doors are now locked and two suspected brothels are out of business. Two days after undercover police officers bust a suspected multi-state, multi-million dollar prostitution ring, more is being learned about what police say happened at both the Oasis Health Club and the Jade Clinic. Sherry Mercurio with the Columbus Police Department says, "This isn't a small time operation." Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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Detectives say they collected close to $750,000 in cash on premises, and found evidence, they say, of millions more in numerous bank accounts. Mercurio says, "It's the world's oldest profession. They just keep coming back." Sources say four women, Chae Sun Leonard, Kim Freeman, Sayjai Wilson and Han Son Yi were the managers of the prostitution operation. The sources say they placed ads in local papers. Customers paid $60 at the front door and once inside, they could shell out hundreds more for sex. They say rank-and-file workers, like Atchariya Poosara and Rayvadee Koumphkand, were flown in from locations around the country. Although sources say they came willingly, they were locked inside the businesses for weeks at a time, generating revenue and promoting illegal activity. Detectives are now working to find yet another woman believed to have played a critical role in financing the operation. They hope her arrest will shut this enterprise down for good. The alleged managers of this operation are being held on bonds approaching $850,000. The suspected workers face misdemeanor soliciting charges.

Website: http://www.wbns10tv.com/global/story.asp?s=3517686&ClientType=Printable

March 10, 2005

Woman Who Allegedly Ran Brothel Turns Herself In Flory Indicted On 143 Counts UPDATED: 9:18 am EST March 10, 2005 nbc4i.com

COLUMBUS, Ohio -- A woman who was indicted earlier this week for engaging in a pattern of corrupt activity and promoting prostitution turned herself in to police on Wednesday. Tamera "Danny" Flory is scheduled to appear in court to face those charges on Thursday, NBC 4 reported. Flory, 40, was indicted on one count of engaging in a pattern of corrupt activity, which is considered a RICO count, and 142 counts of promoting prostitution. The indictment is the largest involving prostitution ever in Franklin County, according to Franklin County Prosecutor Ron O'Brien. The RICO count covers a period of seven years and names five entities -- Denella Inc., DEI, Ventures Inc., European Beauties and Ladies of Diamond Dolls -- and more than 60 women who are alleged to have been associated with the enterprise, according to O'Brien. Columbus police busted what they called a high-priced brothel last month after about a year of investigation, NBC 4's Teresa Garcia reported. Investigators said the alleged brothel was operating for about 10 years on Third Avenue. Evidence was removed from the building, including a mattress, Garcia reported. The promoting prostitution counts against Flory are premised on credit card transactions in which reimbursement was alleged to have been made by the business or by Flory to the female employee named in the count. Police said the type of clientele at the alleged brothel is very high-end, Garcia reported. Some of the men investigators encountered would spend up to $1,000 per week at the location, Garcia reported. Vice members said the place was extremely particular about who was let in and that clients had to be known by face. Police said the men who visited paid about $300 per encounter.

Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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Prosecutors are also trying to seize four pieces of property that Flory owns, including one in the U.S. Virgin Islands, and three all-terrain vehicles, NBC 4's Nancy Burton reported. Those items were purchased through profits from the alleged brothel, O'Brien said. A local woman spoke with NBC 4 in November after she discovered that her husband was allegedly having sex with a prostitute at the location.

Website: http://www.nbc4i.com/news/4271302/detail.html

Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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Appendix E: Trafficking Victims Protection Reauthorization Act of 2005 (End Demand) 76

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U.S. Department of State (2005) Trafficking Victims Protection Reauthorization Act of 2005: Title II Combating Domestic Trafficking in Persons. U.S. Department of State. Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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Polaris Project | P.O. Box 77892, Washington, DC 20013 | Tel: 202.745.1001 | www.PolarisProject.org | [email protected] © Copyright Polaris Project, 2007. All Rights Reserved.

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