Delaware To Tackle Human Trafficking

Make no mistake. Delaware needs to tackle human trafficking. According to activists, Delaware ranks near the bottom when it comes to addressing the issue of, let’s not mince words, slavery.

Which, IMHO, is why, as ‘Lazy Reader’ pointed out (major tip of the ‘Bulo sombrero), that Delaware has had this sudden proliferation of Asian massage ‘spas’. Within the past year, New Jersey has enacted perhaps the most comprehensive statute in the country. The Pennsylvania legislature is likely to pass a comprehensive bill by the end of the current legislative session, and already has a stronger statute than Delaware. As to Delaware, while it comes relatively late in the session, there should be no reason why SB 197(Blevins) doesn’t get enacted into law by the end of June.  I think that one of the elements driving the increased spa proliferation in Delaware is, in fact, likely the stronger statutes enacted elsewhere. Delaware offers a soft underbelly for those with no conscience.

Just to give you an idea of the extent of the sprouting of these spas, My Friend At Work (huge sombrero tip to her), who is deeply involved in this issue, suggested a website that pretty much lays it out there. While I will not give the website any undeserving traffic, it promotes, both under ‘escorts’ and ‘body rubs’, many of these spas. Generalized locations include Philly Pike in Claymont,  Shoppes of Camelot in Rehoboth, Market Street in Wilmington, Foulk Road in Brandywine Hundred, State Street in Dover, Naamans Road in Brandywine Hundred, N. Broad Street in Middletown,  Silverside Road in Brandywine Hundred, N. DuPont Hwy. in Dover, Chestnut Hill Plaza in Newark, S. Maryland Ave. in Wilmington, Pulaski Highway in Bear, and Jenmar Plaza in Newark.  These ads reflect just one day on this site. Most of the ads feature young Asian women in scanty attire. The sexually suggestive references are unmistakable. Some sites specifically mention Korean and Chinese women. While it’s possible that no prostitution takes place at these establishments, and that none of the women are coerced, the ads clearly imply that you will leave totally satisfied. Also, to assume that none of the women are/were coerced, one would have to assume that young Asian women in our area spontaneously decided en masse that they wanted to become scantily-clad masseuses, and that they wanted their pictures to appear on a sketchy website. BTW, many of these ads mention that their particular spas are ‘under new management’, meaning, I think, that the women and their bosses move around real quickly. Make no mistake, these are sophisticated operators, and they trade in fear.

Bear in mind that sex trafficking is just one form of human trafficking. When it comes to people from other countries, the MO is pretty similar. People are lured with the promise of a good job in the United States. They then have their visas taken by their handlers, who threaten them with deportation and often abuse them. Labor trafficking is also prevalent. Remember the nail salon boom of about a decade ago? While many were legit, some often used forced labor and/or were fronts for prostitution. People dealing in humans are also, in many cases, involved in illegal arms smuggling. Here is a brilliant series in four parts that will give you all the background you need:

http://wwe.wgbh.org/897/sex_and_labor_trafficking_in_new_england_part_one.cfm

http://wwe.wgbh.org/897/sex_and_labor_trafficking_in_new_england_part_two.cfm

http://wwe.wgbh.org/897/sex_and_labor_trafficking_in_new_england_part_3.cfm

http://wwe.wgbh.org/897/sex_and_labor_trafficking_in_new_england_part4.cfm

While this series specifically references the Boston area, the strategies employed by the traffickers is basically universal. I think you’ll agree that what these victims are forced to endure is utterly inhumane.

Let’s now talk the law. According to  Polaris Project, the leading legislative advocacy organization on behalf of battling human trafficking, Delaware ranks among the 7 least effective states in combating trafficking. Of the 12 categories that the Polaris Project identifies as key protections, Delaware has only enacted four into law, and really, it’s more like 3.5. This is must-reading for anyone interested in the issue. Check out the state-by-state charts, in particular. You’ll see that Delaware needs to do more.

Of the 12 categories identified by Polaris (all descriptions come from Polaris, my comments in parentheses), Delaware has the following:

1. SEX TRAFFICKING:A statute that criminalizes sex trafficking and includes  elements of inducing another through force, fraud, or coercion to engage in a commercial sex act. Some states have related laws in the prostitution code and were given credit if they had the same criminal elements.

2. LABOR TRAFFICKING: A statute that creates the crime of labor trafficking or trafficking in persons, in which a person is compelled through force, fraud, or coercion into providing labor or services.

3. LOWER BURDEN OF PROOF FOR SEX TRAFFICKING OF MINORS: A statute that ensures that the elements of force, fraud, or coercion are not required for a trafficker to be prosecuted for the sex trafficking of a minor.

4. ASSET FORFEITURE FOR HUMAN TRAFFICKING: A statute that provides for the forfeiture of assets used in the course of the crime or acquired with proceeds from the crime of human trafficking. (Unfortunately, Delaware really only deserves a half a point at best here. Although Delaware has, according to Polaris, authorized investigative tools to address this, the state does not have an asset forfeiture statute.)

Here’s what Delaware doesn’t have, keeping in mind that New Jersey now has every tool in the toolbox that Polaris recommends:

1. INVESTIGATIVE TOOLS FOR LAW ENFORCEMENT: A statute that amends existing Racketeering (RICO) statutes to include the crime of human trafficking or authorizes the use of wiretapping by law enforcement in human trafficking investigations.

2. TRAINING FOR LAW ENFORCEMENT: A statute that mandates or encourages law enforcement to be trained in human trafficking issues and the law.

3. HUMAN TRAFFICKING COMMISSION OR TASK FORCE: A statute that creates, establishes, or encourages a task force,commission or advisory committee dedicated to addressing human trafficking. (Bear in mind here that this is not one of those useless task forces we’re so used to seeing in Delaware. These are sophisticated criminals, and a multi-jurisdictional approach is essential to effectively shut them down and/or bring them to justice.)

4. POSTING A HUMAN TRAFFICKING HOTLINE: A statute that mandates or encourages the public posting of a human trafficking hotline, such as the National Human Trafficking Resource Center hotline or a state human trafficking hotline.

5. SAFE HARBOR–PROTECTING SEXUALLY EXPLOITED MINORS: A statute that recognizes sexually exploited individuals under 18 as victims of a crime in need of protection and services by granting immunity from prosecution or diverting minors from juvenile delinquency proceedings, and instead directing them to child welfare services.

6. VICTIM ASSISTANCE: A statute that provides assistance, mandates the creation of a victim services plan, or funds programs to help victims of human trafficking. Victim services and protection may include counseling, job assistance, housing, continuing education, legal services, and/or a human trafficking caseworker privilege.

7. ACCESS TO CIVIL DAMAGES: A statute that provides victims of human trafficking with the ability to seek civil damages from their traffickers.

8. VACATING CONVICTIONS FOR SEX TRAFFICKING VICTIMS: A statute that permits victims to have convictions for prostitution that were committed as a result of being trafficked vacated from their criminal records.

OK, let’s now look at SB 197 and see what it addresses. It provides that …the Court shall order forfeiture of real or personal property used in or derived from human trafficking activities. That strengthens #4 for which Delaware only deserves partial credit. Very important.

It requires mandatory victim restitution and enables victims to receive civil damages. That addresses #7 and goes even further. So far, I’m really liking this bill…

The bill makes provisions to vacate convictions for sex trafficking victims. #8!

The bill diverts juveniles to the Department of Services of Children Youth and Their Families, and directs that they be considered ‘abused and neglected’ children. #5 down! The bill also provides for creation of plans for many victims, which would make them eligible for the types of services addressed in #6.

The bill creates a Human Trafficking Coordinating Council. Lotsa key people working together here, and they have a lot of responsibility. #3 addressed!

The bill requires that public awareness signs be posted at locations all over the state. The hotline # must be part of the sign. In addition to normal sign locations, signs also must be posted at adult entertainment establishments and ‘…entities found to be maintaining a criminal nuisance involving prostitution under Section 7104 of Title 10 of the Delaware Code’. That properly addresses #4.

The provision on training is a little less clear. According to the bill, the coordinating council shall ‘coordinate training on human trafficking prevention and victim services for state and local employees who may have recurring contact with victims or perpetrators’. That seems pretty close to #2 above.

So, unless I’ve misinterpreted something, the only element of the Polaris list that does not appear to be addressed by this bill is:

“1. INVESTIGATIVE TOOLS FOR LAW ENFORCEMENT: A statute that amends existing Racketeering (RICO) statutes to include the crime of human trafficking or authorizes the use of wiretapping by law enforcement in human trafficking investigations.”

I’ll leave it to the bill’s supporters to let us know if that is addressed or, as is quite possible, is already a tool for law enforcement here.

Well. I originally started this article b/c I had been informed that Delaware was lagging behind on this issue. I made sure that there was nothing coming up by checking the bill tracking at Legislative Council, only to discover that this bill had been introduced on April 10. I think it’s a great bill and should be passed before the General Assembly goes home. Delaware will immediately go from having one of the least effective statutes to one of the most effective statutes in the entire country.

As often as I disparage what legislators do and don’t do, this is legislating at its best. And, whether it is/was the AG, his designee, or whomever who may have worked with the key parties, all involved deserve gratitude for not only fighting the scourge of human trafficking, but for intently focusing on the victims.

Now go pass the damned thing!!