ILNews

Efforts begin to toughen human trafficking laws before Super Bowl

Back to TopCommentsE-mailPrintBookmark and Share

In 2012, Indianapolis will host its first Super Bowl. As businesses eagerly prepare to reap the profits that come along with the influx of fans, Indiana Attorney General Greg Zoeller is preparing for the worst.

Zoeller is pushing for legislation that will increase the scope of Indiana’s human trafficking laws in an effort to crack down on adults who profit from child prostitution. A draft of the revisions to Indiana Code 11-8-8-4.5 and I.C. 35-42-3.5-1 was presented to the Criminal Code Evaluation Commission on Oct. 19, and Zoeller aims to rush the proposed changes through the Legislature before the big game comes to town.

kuzma-abigail-mug Kuzma

Human rights advocates see this initiative as a step in the right direction, while some people have scoffed at the assertion that human trafficking is a problem associated with the Super Bowl, or that it’s even a problem in the United States. But the U.S. Bureau of Justice Statistics reports that more than 500 people fell prey to human traffickers between 2008 and 2010, the majority of them children. Even more surprising to some people – the majority of them were born and raised in this country.

Understanding trafficking

Indiana Deputy Attorney General Abigail Kuzma said that human trafficking is not a problem specific to the Super Bowl.

“It’s any large event – just to be really frank about it – where you have a number of men who are looking for a party,” Kuzma said. But the Super Bowl presents a prime opportunity for the attorney general’s office to draw attention to the problem.

A study, conducted by Richard Estes and Neil Alan Weiner of the University of Pennsylvania School of Social Work Center for the Study of Youth Policy, reported that on average, most females who work as prostitutes begin doing so between the ages of 12 and 14. The study reports that while pedophiles are the most likely to sexually exploit children, a group the study called “transient males” – which includes truck drivers, members of the military, seasonal workers and convention attendees – is the second-most likely to sexually exploit children.

Carollann Braum, who earned her LLM in International Human Rights Law from the University of Notre Dame Law School, said that the public may not understand that some females are coerced or forced into prostitution.

“You can have prostitutes or sex workers who are there voluntarily on their own free will, and then you can have trafficking victims side-by-side,” she said. “It’s difficult because human trafficking has to be determined on a case-by-case basis.”

Kuzma said many victims of trafficking may not self-identify as victims, especially if they were lured into prostitution at a young age. They tend to share characteristics that make them easier to control – like having broken relationships with their families, drug habits or, in the case of women and children who are brought in from other countries, the inability to speak the language or know where to turn for help.

“It’s important for people to know that it is happening right here, right now,” Kuzma said. “We have identified victims, we have rescued victims. And I think people are just shocked … we’re not talking about people being chained in rooms necessarily – although that has happened. You can manipulate someone very effectively with fear,” she said.

Prevention

In 2010, Christian Brothers Investment Services, an investment firm for Catholic institutions, issued a call to action for hotels in South Africa prior to the FIFA World Cup. CBIS urged hotels to educate hotel workers about the signs of human trafficking and to sign “The Code” – a pledge that travel and tourism companies can adopt to demonstrate opposition to human trafficking. Hotels may be havens for traffickers who try to isolate their victims from the public as much as possible.

On Oct. 5, federal investigators assumed control of a case in California where a couple allegedly had forced three females – two 16-year-olds and one 19-year-old – to work as prostitutes in a South San Francisco hotel. The captives were discovered after a tipster alerted police to a possible runaway staying at the hotel.

Kuzma said that hotels can help play a role in identifying victims, and that’s why the attorney general’s office hopes to do more to educate hotels about the signs of human trafficking.

“We are hoping to be able to set up training with hotel workers. They already are going to have a little bit of training on a kind of written Internet level that we drafted earlier,” she said. “We would like to do much more than that.”

Kuzma said hotel workers, taxi drivers, hospital workers and others can be on the lookout for signs that may indicate someone is a victim of trafficking. Victims will not have possession of their own identification documents or money and they may seem fearful or uncommunicative at hospitals and be accompanied by someone who is not a family member.

EXTRA
For a look at human trafficking statistics, click here.

“You’d be surprised at the number of cases where the tip-offs are from neighbors, ordinary people who notice something is just not right,” Kuzma said.

Laws and attitudes

Braum said while human traffickers – both traffickers in the sex trade or in forced labor – can be prosecuted under federal laws, states that align laws with federal statutes may have more options for maximizing penalties for traffickers.

“Most states do have laws on the books, but a lot of them aren’t as effective or aren’t being used as effectively as they could be,” Braum said. State laws may also be easier to enforce, or at least may expedite arrest locally.

Historically, prostitution, and its causes, has not been a high priority for law enforcement, Kuzma said. Adult women may still be treated as criminals, regardless of whether they’ve been forced into prostitution, and the customers – or “johns” – don’t suffer any meaningful consequences for their actions.

“A lot of times they are released on their own recognizance, but then if you do that, maybe you can’t find out if she’s a trafficking victim,” Kuzma said. “There’s been some significant research done about the deterrence of johns and their use of prostitutes … and certainly, significant fines, jail time – all those things are effective. The fact that we don’t even slap anybody’s hands is not helpful at all.”

Under Indiana law, solicitation of a minor is a crime, but Zoeller aims to remedy what he calls a loophole in the law that fails to separately address people who profit from the sale of sex with minors. A new draft of the proposed legislation is expected to be presented to the Criminal Code Evaluation Commission on Nov. 2.

Kuzma said that she hopes the public will begin to realize that prostitution is not a victimless crime.

“As we raise awareness, we’re thinking of long-term and not short-term,” she said. “‘Prostitution is the oldest profession – wink, wink – that’s not the right attitude here.”•
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

ADVERTISEMENT