By Lisa Long. Between July 2016 and June 2017, Cumberland County, North Carolina, had 27 human trafficking-related cases, exceeding the number of cases in nearby counties, including Wake County, which has a population three times greater than that of Cumberland. Does this mean that the Cumberland County/Fayetteville area has a greater human trafficking problem than anywhere else in the state? On the surface, it might look that way. Behind the statistics, however, is a collaborative community effort to fight against human trafficking in this particular jurisdiction. These anti-trafficking collaborations are made up of numerous moving parts, each turning in concert with the others. Coordination is necessary for the successful investigation and prosecution of human trafficking cases. The slightest misstep, and the entire effort may be in vain. In my experience, several components are vital to creating a successful anti-trafficking collaboration.
First, there must be a commitment and investment from the law enforcement officers tasked with the initial job of investigating the case. Fayetteville Police Department (FPD) and Cumberland County Sheriff’s Office (CCSO) each have dedicated human trafficking units within their departments. Their sole investigative purpose is to track down perpetrators and uncover sufficient evidence to make a case stick. While their commitment to investigate and uncover evidence is significant, their work also relies on (providing prosecutors with material critical to making and winning a case?) an effective prosecutorial element to advance. Cumberland County now has a dedicated Assistant District Attorney to work the human trafficking cases that FPD and CCSO present to them. Without having in place the combination of investigators and prosecutors trained in human trafficking, many traffickers would never be prosecuted or see the inside of a courtroom. Imagine the devastation and heartache the victim and the investigative parties experience if the case is never prosecuted.
Second, to ensure that the trafficking victim is mentally prepared, feels physically safe and supported, and is available to testify, it is imperative for an effective non-governmental organization (NGO) that serves victims of human trafficking to be involved from the beginning of the process. In Cumberland County/Fayetteville, this NGO is 5 Sparrows. 5 Sparrows is often involved on the front end of these cases, providing guidance and insight in relation to victims. Prior to the raid of a suspected trafficking site, for example, local law enforcement in this area will provide the NGO with the broad outlines of an operation and its goals, allowing 5 Sparrows to prepare for victims’ needs accordingly. This planning includes reaching out to restoration programs to secure a bed; bringing in foreign-language interpreters; or simply having food, clothing and hygiene items available for the victims. Traffickers intentionally foster in their victims a fear of law enforcement. The presence of support groups like 5 Sparrows may be the impetus for a victim to talk with law enforcement about their situation.
Efforts to systemically combat sexual assault and domestic violence have expanded in important ways over the last 20 to 30 years. Across the nation, there are numerous shelters, resources and treatment programs in place that specialize in providing victims of sexual assault and/or domestic violence with “wraparound services” or individualized plans of care to assist them in a successful recovery once they signal they want this kind of help. However, we haven’t had the same success when it comes to serving victims of human trafficking. This is in part because treating victims of human trafficking requires a drastically different approach than serving victims of sexual assault and domestic violence.
For a successful anti-trafficking coalition, each partner must understand the particular nuances to treating and serving human trafficking victims. Human trafficking victims have survived multiple sexual assaults, and in some cases multiple individuals have inflicted intimate partner violence upon them. While survivors of human trafficking need to be served using a victim-centered approach, individuals providing services must also understand the pathology of a person that has endured extreme trauma and pain.
A final component vital to a successful anti-trafficking collaboration is media attention to this issue and coverage by local media. Some popular media, including news, have contributed to the normalization of the exploitation of individuals for sex and labor. In turn, these media representations may stigmatize survivors and create barriers to public understanding of the severity and implications of this horrible crime. An easy and immediate change that journalists can make is to choose their words appropriately. For example, one should never refer to a juvenile human trafficking victim as a prostitute, a recent addition to the Associated Press Stylebook that governs most reporting. Other language-based considerations include referring to “johns” instead as sex-buyers, and “pimps” as traffickers. These might sound like minor adjustments, but in fact, they can go a long way in shifting public attitudes, a necessary component to successful anti-trafficking efforts.
Trafficking occurs in all 50 states and in all communities, whether urban, suburban or rural. Counting cases is likely to remain a facet of news coverage, but requires context to be genuinely meaningful for audiences. Municipalities with a high number of cases might be those that have trained a wide swath of their population to detect and respond to trafficking – teachers and utility workers, for example. In addition to exercising care with word choice, journalists covering trafficking might ask questions of sources to get at what’s behind the numbers, such as:
Lisa Long is the program coordinator for the Master of Justice Administration Program at Methodist University. She is also employed part-time by 5 Sparrows, a Fayetteville, NC-based non-profit organization that provides victim service support to human trafficking victims. There, she is the service support coordinator and the training director. Lisa is a graduate of Methodist University, where she received a master’s degree in justice administration. She has a bachelor’s degree in sociology and journalism from the University of Kentucky. She is currently pursuing a doctoral degree in criminal justice with a concentration in behavioral science from Nova Southeastern University.
Prior to joining Methodist University, Lisa worked as a criminal intelligence analyst for the Fayetteville (NC) Police Department. While at FPD, Lisa specialized in cases involving sex trafficking, domestic violence, sexual assaults, missing persons and runaways. Lisa was instrumental in the formation of the Crime Information Center at the Fayetteville Police Department, which is a real-time crime center, providing live closed-circuit camera feeds and intelligence data to police officers in the field.
Lisa is also actively involved in community. She serves as a board member and secretary for the Greater Fayetteville United non-profit organization. She is also a board member for the Fayetteville Police Athletic League. She is a member of the Phi Kappa Phi National Honor Society and the Alpha Phi Sigma National Criminal Justice Honor Society. In her spare time, Lisa enjoys working out, listening to all types of music and spending time with family. Lisa has four sons, and her husband Mike is retired from the U.S. Army.
By Erin Coyle. Following recent undercover operations targeting prostitution in North Carolina and Florida, law enforcement authorities in those states posted to their social media accounts booking photographs—“mug shots”—of individuals swept up in the stings, inviting the public to add comments. “Naming and shaming” suspected sex buyers is sometimes wielded as an effective way to combat sex trafficking by targeting the demand for commercial sex—but the claim is difficult to prove. What is clear, however, is that when individuals whose mug shots appear online are found to be arrested for prostitution-related charges or victims of human trafficking, the shame can be particularly harmful and long-lasting—“a permanent digital scarlet letter,” as a lawyer for the American Civil Liberties Union put it in an interview.
Many arguments exist to discourage the publication of booking photographs. In the United States, some federal courts recently recognized privacy interests in association with booking photographs that news outlets requested be disclosed under a federal law. Legislatures in several states also have considered limiting access to booking photographs in the last six years.
Privacy scholars define privacy as a right to be let alone(PDF), human dignity, autonomy, secrecy (PDF), and a right to protect (PDF) one’s self and one’s information from unwanted exposure.
Scholarship connects privacy to people’s need to control how others may access information about them—especially access to information that people might feel embarrassed, humiliated, or vulnerable from having released to others without their consent. Although the fact that a person was arrested commonly is considered information that might provide details about the focus and effectiveness of law enforcement, images that reflect a person’s arrest may display a highly stressful experience worthy of privacy protection. Concerns that publicly disclosing mug shots might cause depicted persons to endure shame, reputational harm, and exploitation increased after commercial websites started posting mug shots online, some demanding money in exchange for removing the photographs.
Law enforcement agencies routinely photograph arrested persons to record who has been charged with involvement in criminal activity, and those booking photographs are public records that may be disclosed under many state public records laws. Law enforcement in many states, release booking photographs via the press, social media accounts, or websites. Advocates for publicly releasing the images say sharing them sheds light on law enforcement processes, protects against misidentification, and acts as a deterrent against future criminal activity. Journalists also advocate for disclosure for greater oversight of the criminal justice process.
In the United States, a booking photograph indicates a person has been arrested, but does not indicate that a court of law has found (or will find) the photographed person guilty of committing a crime. Nonetheless, an Eleventh Circuit Court of Appeals opinion stated in 2011 that a mug shot “is a vivid symbol of criminal accusation, which, when released to the public, intimates, and is often equated with, guilt. Further, a booking photograph captures the subject in the vulnerable and embarrassing moments immediately after being accused, taken into custody, and deprived of most liberties.” A person whose mug shot is publicly distributed may be perceived as guilty in the court of public opinion.
In the opinion of the court, booking photographs are created for law enforcement purposes, and releasing those records could “result in an unwarranted invasion of personal privacy.” Accordingly, in the Eleventh Circuit, those records may be considered exempt from public release under the Freedom of Information Act unless releasing the images would serve a public interest that could justify their disclosure. Privacy interests associated with booking photographs sought under the federal law must be balanced carefully against the public interest served by disclosure on a case-by-case basis.
The Tenth Circuit Court of Appeals in 2012 and the Sixth Circuit Court of Appeals in 2016 also recognized privacy interests in association with booking photographs, which may allow federal agencies not to publicly disclose mug shots. The Sixth Circuit's majority opinion specifically addressed concerns about modern technology that may exacerbate threats to privacy. In the twentieth century, booking photographs typically were publicly released via newspapers or television broadcasts, then later stored in places where someone would have to physically retrieve a copy at a later time. In this century, booking photographs posted online may be found and viewed for years by any person—prospective employers, landlords, or romantic partners. Sixth Circuit Judge Deborah L. Cook wrote, “A disclosed booking photo casts a long, damaging shadow over the depicted individual.”
In the past six years, some states have considered ways to protect privacy interests that may be harmed when booking photographs are released online—either by law enforcement or by commercial websites that publish mug shots online. In 2017 Illinois limited public access to any booking photographs—only allowing the release to a person with a relevant case or claim. California, New Hampshire, and Alabama adopted statutory provisions specifically to protect the privacy and safety of human trafficking victims by addressing identifying information and images of trafficking victims or persons arrested on prostitution-related charges. California’s Penal Code requires law enforcement agents to inform any person who reports being a victim of human trafficking of a right for the victim’s name, address, and image to be confidential as well as for the name, address, and image of the victim’s family members to remain confidential. New Hampshire’s Trafficking in Person’s law similarly states that the identity and images of any human trafficking victim as well as the identity and images of any victim’s family members shall be confidential. Alabama’s Human Trafficking Safe Harbor law makes arrest photographs for some prostitution-related arrests exempt from public disclosure and prevents publication of those images, unless permitted by a court order. Said Rep. Jack Williams (R-Birmingham), who sponsored Alabama’s law, “We're trying to look at these women less as criminals and more as victims, and we don't want to see them be victimized.” Preventing publication of images, however, might be considered unconstitutional.
Scholarship asserts that publishing mug shots might threaten privacy interests of depicted persons. Considering that trafficking victims lack autonomy when forced into what some anti-trafficking advocates call a modern form of slavery, and could face stigma due to those experiences, publicly disclosing records of this loss of self-determination could be considered a further threat to their autonomy, control over information, and, thus, privacy. Some state and federal laws likely may allow law enforcement agencies to shield those images from disclosure when the resulting harm to victims’ privacy interests would outweigh public interests served by releasing the images.
Erin Coyle, Ph.D. (firstname.lastname@example.org), is an associate professor in the Manship School of Mass Communication at Louisiana State University. Her research focuses on privacy, access to government information, and freedom of expression.
By Minh Dang - In the midst of one of Southern California’s worst storms in over a decade, the United States Advisory Council on Human Trafficking (“the Council”) met for a strategic planning retreat. I had convinced other members of the Council and the State Department to come to California in February, since most of our meetings were scheduled in Washington, D.C.
Although California failed to extend a warm welcome for our first session, I felt immense gratitude for this group of people and for the existence of the Council. Council members are innovative, thoughtful, committed, and willing to bring their whole selves to the table. Members hail from a diversity of nationalities, citizenship status, gender identity and geographic locations. Like any other group of people, our perspectives on specific issues don’t always align. However, what is similar among all of us and is salient throughout our work is our shared and deep commitment to using our experiences and expertise to prevent the suffering of others.
By Chanda Marlowe - Visitors to Backpage.com can look for jobs and shop for appliances, but as of January 9 they can’t shop for sex. The classified ad website closed its adult ads section in the United States, citing government pressure. Clicking on links to body rubs, escorts and strippers takes the user to a screen that reads, “The government has unconstitutionally censored this content.”
For their part, law enforcement officials, including the National Association of Attorneys General, had long accused Backpage of providing an outlet for sex trafficking of minors. And it has been the target of multiple lawsuits.
In one case, a federal appeals court ruled on March 14, 2016 that three teenagers who were trafficked for sex through classified advertisements on Backpage.com could not sue the website—despite the fact the judge said the ads “evoke outrage.”