150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERSISSUES AND GOOD PRACTICES FOR IDENTIFYINGPOTENTIAL TRAFFICKING VICTIMS AND INTERVIEWING VICTIMS
Karima MaloneyIssues and Good Practices for
Identifying Potential Trafficking
Victims and Interviewing Victims
Karima Maloney
Civil Rights Division, U.S. DOJ

73

RESOURCE MATERIAL SERIES No.87

Trafficking Victims Protection
Act Defines Human Trafficking
as…
The recruitment, harboring,transportation, provision, or obtaining ofa person (regardless of citizenship),Trafficking Victims Protection
Act Defines Human Trafficking
as…
…..by means of threat or use of force,fraud, or coercion, subjecting victims toinvoluntary servitude, peonage, debt
bondage, or slavery

74

150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERS

Trafficking Victims Protection
Act Defines Human Trafficking
as…
….for the purpose of sexual
exploitation or forced labor

Victim Identification

Markets Where Human Trafficking Occurs

 SexualExploitation
 Prostitution
 ExoticDancers
 MassageParlors

 ForcedLabor Sweatshops
 Domestic
 Agriculture Restaurant

75

RESOURCE MATERIAL SERIES No.87

Who Engages in Trafficking?
• Individuals• Pimps and panderers with commercial
sexual motives• Diplomatic staff/foreign executives whoarrive with “servants”• Neighbors, friends, or relatives of the victim

Who Engages in Trafficking?
• Family Operations• Often will involve an extended family• Family will usually operate on both sides ofthe border• Independently owned businesses• Contractors/agents that provide laborers for
agricultural work, construction work,restaurants, janitorial services

76

150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERS

Who Engages in Trafficking?
• International Organized Crime
Syndicates• “Diversified trafficking portfolios”: Criminalorganizations that traffic humans in Eastern
Europe often smuggle drugs and guns as well.
Smuggling routes for all three
are often characterized as
being the sameWhoareTraffickingVictims?
• Illegal Immigrants• Impoverished• Children• Disabled• Smuggling Debts• Language Barriers• Fear of Gov’t Officials

77

RESOURCE MATERIAL SERIES No.87

THE VICTIMS
800,000-900,00 traffickedannually acrossinternational borders
worldwide
Trafficking in the United States• 18,000-20,000 trafficked annually• More than half are CHILDREN• Include both U.S. citizens and non-citizens• Originate from Africa, Asia, India, Latin America,Eastern Europe, Russia, Canada, among other places

Victim Identification• Patrolmen• Places of Worship• Shelters• Neighbors (ordinary citizens)• Inspectors/Licensing Officials

78

150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERSHEIGHTENED VULNERABILITY¾ Human trafficking crimes often involve kidnapping,rape, beatings, trickery and threats. Victims areusually extremely vulnerable members of society –chosen for that very reason. Victims can bewomen, men and children.
¾ Traffickers identify and exploit a vulnerability¾ Vulnerabilities can include age, isolation fromfamily, limited education level, history of abuse,
undocumented status, poverty, illiteracy, addiction,
disability, or any combination

CHILD VICTIMS¾ Sex trafficking cases involving minor victims often
involve the same circumstances as adults –beatings, threats, coercion, etc. But often times thetraffickers use only promises of love, shelter or abrighter future to entice minors into prostitution.
¾ For adult victims, we must prove that force, fraud orcoercion was used by the trafficker to compel thevictim’s sexual service. For minor victims, there isno such requirement. A minor’s consent is an nonissue. Causing a minor to engage in commercial
sex is prohibited, whether they agree or not.

79

RESOURCE MATERIAL SERIES No.87

Victims• Victim Testimony is Essential• Only Victims Can Answer: “Why?”• Crime requires showing of “labor obtainedby coercion” - subjective component• Only the Victim can explain the Climate ofFear• We Lose Cases without Victims

The Victim Interview:
Essential Evidence
The sex trafficking investigationis unlike any other type ofcriminal investigation due to theuniquely intimate and invasivenature of the crime.
Unlike many other types ofcases, the victim interview is themost essential piece ofevidence you will have in yourcase.

80

150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERS

Power of the Victim Interview?
“The role of the victim advocate is to believe a victim’s
story, whereas the role of a police officer is prove it.”
By corroborating as many facts as
possible, no matter how insignificant
they may seem, you can better help
establish the validity of the victim’s story
and improve the victim’s credibility evenwhen there are other problems with theinvestigation.

Obstacles to Effective
Interviewing
Some obstacles intrinsic in theinvestigative process or to the investigatorhim- or herself serve as hindrances to aneffective and accurate interview.
1. Asking for “Just the facts”
2. The police personality
3. The tough-guy facade
4. The police career path81

RESOURCE MATERIAL SERIES No.87

Effective Interviewing

First, do no harm…
Any possible efforts should
always be made to minimize
potential further trauma to thevictim.

The Victim’s Story• Earn Trust• Empower victim with choices – even small ones
• Victim trauma, shame, fear, loyalty, and distrust• Avoid Direct Questions• “When did you illegally enter the United States?”• “How long have you been a prostitute?”• Do not use cop-lingo• Assume prostitution, illegal status• Be prepared for bad judgment.
• Expect evolving statements

82

150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERS

Setting the Stage
There are many ways to “set the stage”
for an effective victim interview…

1. Select an appropriate location• Safe and comfortable for the victim• Private and free from distraction• Maintain an equal or inferior
physical position

Setting the Stage
2. Ask the victim if she would like anyone tobe present during the interview.

• Should be determined privately
with the victim• Potential witnesses must beexcluded• Always include a support person
when requested83

RESOURCE MATERIAL SERIES No.87

Setting the Stage
3. Explain the purpose of the interview
and address immediate concerns.
• The purpose is to gather evidence and thevictim’s statement, not to find fault or blame.
• There will be questions that the victim
doesn’t have the answers to.
• The victim does not need to make any
immediate decisions about prosecution.

Setting the Stage
4. Present yourself in an accepting andcompassionate manner.
• Acknowledge the gravity of the ordeal• Allow the victim to vent
• Demonstrate empathy• Help the victim regain control

84

150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERSTechniques: Creating and
Maintaining an Open Interview
1. Explaining the Questions.
• Explaining questions dealing with sensitive
issues helps put the victim’s fears at ease.
• Use the law to explain why you need specificinformation.
• Asking about high risk behavior does not meanthat you doubt the victim’s story.

Techniques: Creating and
Maintaining an Open Interview
2. Physical Techniques• Eye contact• Use inviting body language• Avoid touching the victim

85

RESOURCE MATERIAL SERIES No.87

Techniques: Creating and
Maintaining an Open Interview
3. Use of Sexual Language.
• Avoid using police terminology.
• Clarify any slang terms that the victim
uses to ensure you understand what theymean.
• Mimic terms used by the victim without
acting shocked or embarrassed by them.

Techniques: Creating andMaintaining an Open Interview
4. Engage in Active Listening.
• Without interrupting the flow of the victim’s
narrative, try to interject comments thatindicate you have been listening.
• Encourage the victim to continue talking
while knowing that the victim is being
heard.

86

150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERS

The Victim’s NarrativeThe victim’s narrative is the most vital part of theinvestigation.
Establish that you know of the existence oftrafficking indicators, and that you are there to help
individuals who may be in trouble. Then ask thevictim to tell you what happened to her in her words
and at her own pace. You can facilitate theinterview while allowing the victim to tell the story(the victim’s way) by:
1. Using open-ended prompts.
2. Allowing the victim to control the pace.
3. Avoiding leading questions.

The Victim’s Narrative
Interruptions: Fatal Flaws

In a recent study, it was found that the averagepolice interview had 3 open-ended questions
and 26 closed-ended questions with anaverage of only 1-second pauses between
each question. Most detectives interrupted
responses to open-ended questions after 7.5
seconds with an average of 4 interruptions
per response. Not one of the interviewsstudied had a victim that was allowed tocomplete an uninterrupted response.

87

RESOURCE MATERIAL SERIES No.87

After the Initial Narrative
Upon completion of the initial
narrative, go back and clarify specificpoints and gather additional details
about the victim’s experience using
open-ended follow-up questions.

Information You Should Obtain
During the Course of the Interview
Essential elements in collecting
information from the interview:88•

Description of the victim’s behavior and relationshipwith the suspect•

Description of the suspect’s behavior•

Description of the labor and circumstances of the labor•

Documentation of the specific acts committed andwhether any acts were repeated•

Description of the suspect’s sexual behavior•

Establishing force, or threat of force, or climate of fear

150TH INTERNATIONAL SENIOR SEMINARVISITING EXPERTS’ PAPERS

Conclusion of the Interview• Ask the victim if he or she has any
additional information that he or
she wants to report, let the victim
know there will be future
opportunities.
• Reassure and thank the victim.
• Explain future procedures.

Exercise
Officer training – in a class have officers pair off, one shouldplay the part of a trafficking victim while the other plays therole of the investigating officer. Have the officer practiceusing the following techniques while the “victim” relates afictitious story:•OpenOpen-ended questions•Asking graphic questions in a sensitive,
comfortable manner•

Empathetic statements•

Eye contact•

Refraining from interrupting•

Using followfollow-up questions to clarify points

89

RESOURCE MATERIAL SERIES No.87

DEFENSE – it was voluntary & didn’tknow they were underage
Wanted to come to U.S. at any cost
Pictures of cook-outs; trips to lake
Left every night with driver and came back
Girls came with their boyfriend and willingto work as prostitutes.

18 U.S.C. 1591 (a)• In our cases involving minors, the government had toestablish beyond a reasonable doubt the following
elements for each minor victim:
1) Knowingly recruited, enticed, harbored, transported,provided, or obtained a person; OR knowingly
benefitted, financially or by receiving something ofvalue, from participating in a venture that did so;2) Knowing that the person was under 18 (or where thedefendant had a reasonable opportunity to observe
the minor, knowledge of age need not be proven;and3) Acts were in or affecting interstate commerce

90150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERS

Critical Challenge : Earning Victim’strust (adults and minors)
 Fear of harm to self
or family Shame, fear ofexposure Loyalty to trafficker
 Distrust of lawenforcement

 Denial of situation
 Cultural norms
 Linguistic hurdles Difficulty articulatingcomplex emotions
 Psychological trauma

Roles and Partnerships
Outreach, Victim Identification, Victim Assistance Department of Health and Human Services –food and shelter Federal, State, and Local Government
Agencies NGOs - can assist in finding housing,
employment and ESL classes

91

RESOURCE MATERIAL SERIES No.87

Roles and Partnerships
Victim Treatment
 Necessary to Psychological Recovery
 Trauma-Sensitive Treatment

Expert Witnesses; Corroboration Witnesses
 Symptoms Consistent with Victim Testimony
 Medical Neglect Physical Evidence of Juvenile Age

T Nonimmigrant Classification Eligibility
1. An alien who is or has been a victim of asevere form of trafficking in persons
2. Physically present in U.S., or U.S.
Territory
3. Has complied with any reasonable
request for assistance in the investigationor prosecution of acts of trafficking (or isunder 15 years old)92

150TH INTERNATIONAL SENIOR SEMINARVISITING EXPERTS’ PAPERS

Victim-Centered Assistance• Help stabilize the victim, which may contribute to a
successful prosecution• Provide or coordinate specialized (mental health, legal,shelter) or comprehensive services (including casemanagement)• Support application for immigration relief (CP,Certification, T/U Visas) and access to work permits• Support victims’ families (including T-visa derivatives
and children)• Safety and security planning• Job training, education, life skills

93