Police Misconduct Lawyers - Law Office of Jerry L. Steering
Day 1_ Supporting Criminalized Survivors of Violence.pdf
1. H u m a n
T r a f f i c k i n g &
T h e
I n t e r s e c t i o n s o f
C r i m i n a l i z a t i o n
2. Facilitators Introductions
Sharan Dhanoa
Director
South Bay Coalition to End Human Trafficking
Ruth Silver-Taube
Supervising Attorney
Katherine and George Alexander Community Law
Center &
SBCEHT LSPs Co-Chair
Jessica M. Jenkins, JD/MSW
Senior Staff Attorney
Bay Area Legal Aid &
SBCEHT LSPs Co-Chair
Elesondra DeRomano
Founder/ Executive Director
STARS Inc.
Nationally Renowned Survivor Leader
Hermelinda Vazquez
Anti-Human Trafficking Services Supervisor
Community Solutions & Member SBCEHT
Kim Gutierrez
Director of Anti-Human Trafficking Services
Community Solutions & Co-Chair
SBCEHT ASPs
Perla Flores, JD/MPA
Senior Division Director IPV/SA/HT Services
Community Solutions & Chair SBCEHT
Adriana Marquez
Solutions to Violence Administrator
Community Solutions
3. Training Series Overview
Tuesday November 15
Intersections of human trafficking and gender-
based violence
Intersections of human trafficking and
criminalizationof survivors
Impact of trauma and violence on survivors
Wednesday November 16
Best Practices and Evidence-Based Approaches
to Case Management and Advocacy
Collaborativeand survivor-centered support
from crisis to stabilization and long-term stability
and sustainability
4. As a result of this training, you will
be better able to:
1. Identify the intersections of human trafficking
and domestic violence.
2. Understand the intersections of human
trafficking and survivor criminalization.
3. Describe resources, legal remedies, and support
available to survivors of gender-based violence.
5. Group Agreements
• Because domestic and sexual violence and human trafficking are
so prevalent, assume there are survivors amongst us.
• Be aware of your reactions and take care of yourself first.
• Respect confidentiality.
• Assume positive intentions among all participants.
• Do not discuss information about any pending or open-cases –
even if it is being publicized in the media.
7. Day 1
How Survivors Present
and Why
● Overview of Gender Based
Violence and Intersections
● Survivor Leader- Keeping It Real
Elesondra DeRomano
● Identifying Areas of Impact
● Criminalization of Survivors
● Intersection of Criminalization and
Victimization
● Vulnerabilities and Trauma
Response
● Housing Challenges
9. An Intersectional Approach to GBV
Toxic Patriarchal
Socialization
Power & Control
Sexual Assault
Intimate Partner
Violence
Human Trafficking
Female Genital
Mutilation
Bride Burning
ChildBrides
Commercial Sexual
Exploitation
Exploitationof
Children
Sexual Harassment
Inequality
Discrimination
11. Why Screen for
intersections?
• Ensure that providers address different forms and
intersections of violence and trauma
• Ensure that survivors can explore all possible
protections, legal remedies, and social benefits
available to them
• Connect survivors to other services and programs
based on the survivor’s individual needs and
eligibility (e.g. housing, vocational training programs,
SA advocates)
• Connect survivors to legal service providers based on
survivor’s individual situation (e.g. immigration,
family law, employment law, housing, social service
benefits)
18. Intersection with Intimate
Partner Abuse
Victims of human trafficking may initially
identify as victims of intimate partner abuse.
To distinguish an intersection case, there
must:
•be a labor component (involuntary
servitude, peonage, debt bondage, slavery);
•the labor could be in the home or at the
trafficker/abuser’s business or the trafficker
benefits from proceeds (e.g. agricultural
case, prostitution, sale of daughter); and
•there must be some form of fraud,
coercion, and/or force.
19. Intersection with Sexual
Assault
Intersection cases of human
trafficking and sexual assault occur
when the trafficker benefits from the
assault/abuse – generally it is a
monetary benefit, but can include in-
kind benefits (food, drugs, pay off
debt, etc.).
21. Victim Needs Screening Tool
• South Bay Coalition to end Human Trafficking spent two years developing a tool that
identifies potential IPV/SA/HT
• Tool was launched with a training in 2016
• CS collected 97 Surveys from June 2018 to February 2019
• AACI, CS, and YWCA Committed to completing the tool with open clients over 18 years
old
22. El's Story
A survivor's testimony on human
trafficking and the intersections of
criminalization
23. Keepin’ It Real
“I am a brilliant woman who figured out
that, if she had something big to offer the
world, she better step up right now and do
it.
I am a strong woman who broke the
destructive cycle that was as long as
chains reaching back to the plantations
and unable to get free.
I burned my plantation. I am free.
I am beautiful and MY REAL NAME IS
ELESONDRA DEROMANO.”
Standing Together Accomplishing Real Solutions
https://www.starstoledo.org
24.
25. Areas of
Impact
Discuss in small break out rooms, different
points of impact in El’s life and her story.
Where were there missed opportunities to
intervene?
At which points was she criminalized?
Are there significant intersections to her
being trafficked? What are they?
Spend 10 minutes, identify one person to
report back.
27. Criminalization of Survivors
Criminalization happens in many
facets of Society
•Law Enforcement
•Laws
•Society
It can manifest in different ways
•Labor-immigration
•Sex- crime of prostitution
Perceptions impact criminalization
30. “At least 290 minors were arrested for a prostitution related offense in 2019, the most
recent year national data is available. Forty were 14 or younger.” 110 of those arrests
occurred in Nevada.
Washington Post
Imperfect Victims
31. PERCEPTION
Identification dependent on disclosures
Adultification4
Behavior and negative engagement with law enforcement
Historicalcontext
Relationship with law enforcement/ authorities
Society marginalizes some members of society. Not everyone is considered
part of the community.
Gender bias- hysterical women
Perceptions about Commercial Sex
Society views on immigration
WHY
are some individuals
seen as survivors
and
others seen as
criminals?
32. What do sex workers and survivors of trafficking
have in common?
A survivor may be a sex
worker or vice versa
depending on where
they are in their
journey
Histories of being
marginalized- Race,
Nationality, Gender,
Gender Identify,
Sexuality
Vulnerabilities- Foster
Youth, Poverty
The sex trade has
higher health
risks levels of violence
than the general public
Experiences with
Gender Based Violence
33. Who is Trafficked? Who is a SexWorker?
Initial Encounters Typically:
-Focus on Minors
-Rely upon disclosures
Who engages in the sex trade?
-How many people have agency / choice?
-Pyramid of prostitution
The Grey Area:
-Substance Use
-Homelessness
-Sex for survival and basic
needs
-Recovery is not linear
35. Health Related Risks for Trafficking
Victims
Medical
• Sexually Transmitted Infections
• Unintended Pregnancy
• Violence
• Trauma / Injuries
• Lack of primary care
• Malnutrition
• Poor Oral Health
• Fellitti’s Adverse Childhood Events
Mental Health
• Depression
• Post Traumatic Stress Disorder
• Anxiety/Panic
• Dissociation
• Relationship Difficulties
• Substance Abuse
• Suicidal Ideation
• Low Self-Esteem
• Blunted Emotional Response
• Excessive Guilt / Shame
Social
• Criminalization
• Stigmatization
• Lack of Formal Education
• Lack of Economic Opportunity
• Afraid to AccessCare: reporting concerns
• Lack of Access to Health Care and other
Social Services
Sex Workers &
Violence:
Homicide rate:
17X higher5
Mortality rate:
200X greater6
Rates of violence:
40-90%7
Source: Dr. Kim Chang, Asian Health Services1
36. Trafficking & Commercial Sex Related
Arrests January 2019 - October 2020
Source: San Jose Police Department
Pimping (266HA-1), 13
Prostitution& Solicitation(647B-1), 319
Loitering withIntent (653.22-1), 496
Pandering(266IA-1), 5
HumanTrafficking(236.1-1), 7
Pimping (266HA-1) Prostitution & Solicitation (647B-1) Loitering with Intent (653.22-1) Pandering (266IA-1) Human Trafficking (236.1-1)
97% of these arrests
were Prostitution or
Loitering with Intent
37. Intersections with Criminalization
• Operation of the Criminal Justice System
• Survivor engaging in criminal acts
• Types of Trafficking and Trends
• Intersections with Race, Gender, Sexual Identity
• Vulnerable Groups
• Transitional Aged Youth (TAY)
• Migrants /Immigration
• Individuals using substances
• Impact of Incarceration
38. Operation of the Criminal
Justice System
• The person who has harmed the survivor may use the criminal legal system to
control them
• Mandatory arrest laws, and reliance on law enforcement to be the primary
responders to these crises, may lead to additional criminal legal system
exposure
• Defending against criminal charges can be complicated
• Survivors may not identify as someone who has been trafficked or abused
• Survivors may fear repercussions for themselves and others (including the
person who has harmed them)
39. Criminalization of Acts of Survival
Survival
Forced to engagein
criminalized labor
Using illegal substances to
cope with trauma
Engaging in criminalized
acts to obtain necessities
Violent acts in self-
defense
Slide provided
by Homebase
40. Disproportionate Incarceration
Slide provided by
Homebase
People of color and LGBTQ+ individuals are disproportionately incarcerated.
Black Americans are incarcerated in state prisons at almost 5x the rate of
white Americans.
LGBTQI+ individuals are 3x more likely to be incarcerated as people who do
not identify as LGBTQI+.
One in two Black transgender people have been to prison.
41. Survivors in the Criminal Legal
System
Survivors of DV, HT, and sexual assault are highly represented in the criminal
legal system.
Studies have shown that:
•79% of women in federal and state prisons reported histories of physical
abuse, and over 60% reported past sexual abuse.
•39% of people identified as women in juvenile systems have been sexually
abused or raped; 56% experienced DV.
•About 18% of men in state prisons report having been sexually or otherwise
physically abused.
•Up to 91% of trafficking survivors report having being arrested.
42. Source: San Jose Police Department
Minors, 6, 0.41%
18-24 years, 813, 55.16%
25-29 years, 110, 7.46%
30-39 years, 351, 23.81%
40-49 years, 108, 7.33%
50-59 years, 56, 3.80%
60-69 years, 25, 1.70%
70-79 years, 5, 0.34%
Arrests for Loitering For
Prostitution
By Age Group in San Jose
Jan. 2015- Sept. 2019
Who is being Criminalized?
43. Arrest Trends by Race/Ethnicity
City of San Jose Jan. 2015-Sep. 2019
Hispanic or
Latino
32.3%
White
26.5%
Black or African
American
2.8%
American Indian
and Alaska Native
0.2%
Asian
34.5%
Native Hawaiian
and Other
Pacific Islander
0.4%
Other Race
0.2%
Two or More
Races
3.0%
Racial Demographics
City of San Jose*
2017
*
Source: San Jose Police Department
African American
57.7%
Hispanic / Latin / Mexican
21.7%
American Indian / Alaska
Native
0.2%
Caucasian
12.4%
Unknown/Other
1.5%
Other Asian
2.2%
Vietnamese
1.8%
Chinese
1.1%
Asian Indian
0.4% Samoan
0.4%
Pacific
Islander
0.3%
Filipino
0.1%
Loatian
0.1%
Korean
0.1%
Cambodian
0.1%
Hawaiian
0.1%
Asian /
Pacific Islander
TotalCommercial Sex RelatedArrests
By Race/Ethnicity
City of San Jose Jan. 2015- Sept. 2019
6.5%
Based on datafrom the 2017
American Community Survey
44. Carceral Trauma
• 1 in 5 men are sexually assaulted while incarcerated
• 1 in 4 women are sexually assaulted while incarcerated
• Upwards of 67% of incarcerated LGBTQ+ people have been sexually
assaulted while incarcerated
Isolation
Heightened
vulnerability
Control
Constant threat of
violence
Incarceration often leads to further trauma and harm.
Slide provided by
Homebase
Impact of Criminalization
45. Impact of
Criminalization
•Survivor Impact
•Stigma
•Monetary disincentive to leave the life
•Difficulty in getting legitimate
employment
•Mistrust of authority figures and law
enforcement
•System Impact
• Vacatur
• Expungement
• Resentencing
• Weakens credibility
• Strengthens arguments on
decriminalization/legalization
• Misplaced accountability
• No deterrent effect on trafficking
48. Vulnerabilities & Barriers
Risk Factors/Vulnerabilities
Poverty Homelessness
Runaway
youth/young
adults
Undocumented
Prior
trauma/abuse
Unemployed
LGBTQ
Cognitive/Physical
Disabilities
Lack of support
network/ isolation
Limited English
proficiency or
literacy
Relationship with
Trafficker
Barriers to seeking support
All of the Risk factors/vulnerabilities,
PLUS:
• Fear due to threats of harm to self or loved
ones
• Fear/mistrust of legal system or law
enforcement
• Lack of understanding of laws/resources
• Shame
• Lack of knowledgeabout human trafficking
• Lack of control over personal documents (ID,
passport, etc.)
49. Vulnerabilities
&
Marginalized
Groups
75% of clients did not recognize that they were
being exploited and therefore did not seek help.9
50% of prostituted women reported histories of
physical abuse, and an even higher percentage
sexual abuse.8
One in eight (12%) respondents to the U.S.
Transgender Survey have participated in sex work
for income. (U.S. Transgender Survey, 2015)
50. Vulnerabilities & Marginalized
Groups
• “Street life puts youth in close proximity to potential abusers. For example,
youth are, propositioned to trade sex in exchange for meeting basic needs
such as food and shelter.”10
• African American women are disproportionately (90%) represented among
female victims of prostitution-related homicide (Goktepe et. al, 2002), and
more likely (60%) to be controlled by a pimp (Giobbe, 1993; Norton-Hawk,
2004). Prostituted African American women are more likely to be arrested,
have higher fines levied, receive more jail time and have their children
removed by the child welfare system. (Nelson, 1993)11
53. Survivor Criminal Legal System
Involvement Leading to Homelessness
•Once a survivor has been convicted of a crime, they may lose their housing.
• They may be evicted
• They may lose their job because of incarceration
•Criminal histories can prevent survivors from finding new housing
• They may be screened out based on their criminal history
• They may be ineligible for affordable housing programs
• They may have a hard time obtaining a job due to their criminal history
•Carceral trauma – including violence experienced while in custody – can impact long-
term functioning and housing stability
Slide provided by
Homebase
54. Disproportionate Impacts
•DV is the leading cause of homelessness for women and children in our country.
•66% of human trafficking survivors reported being homeless or experiencing unstable
housing at the time they started being trafficked.
•Up to 1 in 5 youth in emergency shelters have been trafficked.
•Formerly incarcerated people are up to 10x more likely to experience homelessness
•Almost all non-White racial groups experience disproportionate rates of
homelessness, with Black and Indigenous populations reflecting the greatest
disproportionalities.
•17% of LGBTQ+ adults reported experiencing homelessness (more than twice the rate
in the general population)
Slide provided by
Homebase
55. Why is Housing a Critical Intervention to
Offer?
Housing is a primary concern of survivors of violence when they are safety planning and making decisions about the future.
People who traffic others often targetand recruitthose who are unstably housed (especially runaway and homeless youth).
A lack of safe, stable housing can increase stressors thattrigger incidents of violence.
When survivors have safe, stable, alternative housing available away from the people who are harming them, they do not have to rely upon
law enforcementor carceral systems as their primary option for seeking safety.
Slide provided by Homebase
56. Ensuring access to housing is
one way to expand critical
options available to prevent
and interrupt cycles of harm
for everyone.
Slide provided by
Homebase
