Human Trafficking in Ohio

1. Human Trafficking in Ohio Kathleen YS Davis The Partnership for Human Freedom National Underground Railroad Freedom Center

2. In the spirit of the abolitionist movement, the Partnership continues the struggle for freedom by addressing contemporary slavery alongside modern-day abolitionists. It is a natural extension of the Freedom Center’s mission to use lessons of history to inspire action to safeguard and promote freedom in the modern world. • The Partnership focuses on: • Amplifying efforts of abolitionists worldwide • Educating people about contemporary slavery • Inspiring people to become modern-day abolitionists

3. Overview • (A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (EXCEPTION: Minors under 18) • (B) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery • Simply put, • The use of force, fraud or coercion for forced labor and commercial sexual exploitation – U.S. Trafficking Victims Protection Act 2000

4. Overview • Human trafficking is NOT Smuggling • Transportation, entry status, control, decision-making capacity • But, smuggling can easily turn into human trafficking • Simply put, • Trafficking: Crime against Human Rights • Smuggling: Crime against a State

5. Overview • Human trafficking is not poorly paid and highly exploited labor • Can the individual leave voluntarily? • Human trafficking victims can be found in illegal and legal businesses • Poorly regulated/monitored industries • E.g. commercial sex, hard labor, domestic service, hospitality services, factory labor, peddling rings, etc • Simply put, • Human trafficking is found where there is: • Need for cheap labor/services • Vulnerable job seekers • Individuals willing to exploit through force, fraud, or coercion for their financial benefit

6. Overview Report tips or address concerns by contacting: • HHS National Hotline: 1-888-3737-888 • For all emergencies: 911

7. Why Ohio? • ALL states have incidents of human trafficking • Ohio is a transit, destination, and source state • Contributing factors • Geography • Demographics • Military base • Migrant labor pool

8. Proximity to Canada 146 miles shared border Lake Erie: Report by telephone to customs CIA: Toronto are and Cleveland major hub Organized Crime networks (Russian, Chinese) Extensive highways Drug routes into trafficking routes Midwest trafficking ring identified (Tina Frundt) Border to Gambling/Casino states Lawrenceburg and the massage parlors Geography

11. Demographics • 11 million (7th largest) • 2004 Census: 54% Hispanics and 49% Asian increase • Somali population 2nd largest in US (blend factor) • 110+ universities & Int’l corps: constant flow of FNs • E.g. OSU: 7th largest international student body • Cuyahoga & Franklin (Cleveland and Columbus): largest Asian concentration and popular locations for KMPs • Gender disparity: Latino Brothels • Immigrant communities: blend factor • 2004: 600,000+ minorities, 900,000+ women, 600,000+ children in Ohio below poverty • Coalition of Homeless: 60,000+ children experience homelessness each year in Ohio

12. Military Bases • “Bases have created the market for an infrastructure of sex clubs, brothels and massage parlors similar to those found near military bases abroad” • WPAFB: Dayton, Ohio • One of largest and most important bases (22,000) • Significant population of foreign born spouses • Likely cases of trafficking: forced labor, sexual servitude and domestic violence • Difficult to uncover: fear, language barriers, shame, cover up to protect servicemen • Ohio Deputy Attorney: most massage parlor cases prosecuted, women came to the US with US servicemen • Potential base networks: Fort Knox, Fort Campbell, Scott AFB, Fort Leonard Wood, Whiteman AFB, Andrews AFB, etc

13. Migrant Labor • Agriculture: 6 billion annually • Migrants recruited form Texas, Florida & Mexico • 2004: 15,000+ migrants employed • 2002: Ohio Dept of Job & Family Services estimated 70% were undocumented immigrants • 2003: CIS Office Policy Planning estimated 40,000 undocumented in Ohio • Migrants at risk of trafficking b/c of undocumented status • Most are arrested as “smuggled” and/or turned over for deportation • Recent activities in Ohio (e.g. Butler County, SB260) creates danger of trafficking b/c people unwilling to come forward • Lack of trust of authority and fear of traffickers

14. Ohio: Commercial Sex Networks • Asian Massage Parlors (AMPs) • Fronting as brothels • Nail salons, alternative health clinics, acupuncture, • Truck stops, strip malls, military bases, casinos, • Advertised in phone books, newspapers, online • Buzzer system, cameras, locked doors, blacked out windows, LE support stickers, no hours operation posted • Identified Columbus, Cleveland, Cincinnati, Toledo, Akron, etc • Women: Asian (Korean, Thai, Filipina, Chinese, Japanese) • All raids as of 2008 have not identified trafficking victims • “its sort of almost like a slave trade where the women are shipped from one location to another” – Franklin Cnty Deputy Chief • None have been screened as possible victims • Law enforcement still not aware of trafficking

15. Ohio AMP Red Flags Source: USA Sex Guide • “Although she was not really enthusiastic, she said she was new, but aren’t they all ;-)” • “…but the service and attitude of the girls suck.” • “…real nice gal but really not that anxious to go beyond a hand job.” • “Boom Boom is a typical Asian…always quiet.” • “Had the most beautiful Korean girl I have ever seen…she spoke little English.” • “…another cute Asian girl came in to observe…they really may have been breaking her in…” • “I got f/s but the girl…didn’t do much as the way of being happy to be there.” • “She rushed it and was very quick, she looked like she was in a hurry and couldn’t get out of the room quick enough…she did not have a clues what to do…she was a bore, it was a complete waste of money.” • “She was not pleasant at all. No talking at all…all around pretty disappointed.”

16. Ohio: Commercial Sex Networks • American Pimp Control in Ohio • Recruitment, lured into prostitution, abduction • Pimp control: girls are under physical and psychological control • “…I got to con them that Lincoln never freed the slaves…” • “Is everyone from Toledo a prostitute?” • FBI: Toledo top recruiting center nationwide • Ohio pimps: finesse and gorilla style • “these girls, they love the game…it’s the glamour, it’s the pimped-out ride…its snoop” • “both my hands were swelled up because I beat the $%#@# so much” • Harrisburg, PA: 21 of 31 girls under pimp control from Toledo • 16 of 18 pimps from Toledo • Cincinnati: pimp in the courtroom posting bond for girls • Minors in Ohio picked up and put into detention for prostitution

17. Ohio Related Pimp Cases • US v. Robinson (PA): sex trafficking (sent.) • US v. Maes (PA): sex trafficking (sent.) • US v. Willoughby (MI): sex trafficking (sent.) • US v. Banks (FL): sex trafficking (40yrs) • Ohio v. Murphy: trans for prostitution (sent.)

18. Ohio: Commercial Sex Networks • Latino Brothels • Residential homes, apt complexes, rural trailers • Advertise: word of mouth and fake business cards • Men brought to site by those running the brothel • Identified in Columbus, Cincinnati, etc • Cincinnati and Columbus: reports of minors • But very little known about Ohio LBs

19. Ohio: Labor Networks • Hospitality Services • Restaurants (Chinese and Mexican) • Hard Labor • Construction and landscaping

20. Smuggling or Trafficking?Mentor, Ohio • 5 state ring of employers bringing in Mexicans to work in restaurants (2 yr) • Charged workers large fees to enter US and work long hours • Employees living together and transported • Employers charged with smuggling and 8 workers detained • ICE: workers exploited for labor to pay off additional fees (debt bondage?) • Screening for victims? • Thoughts?

21. Why the need for Ohio Law? • Federal Authorities cannot detect, pursue and prosecute all human traffickers and assist all victims alone • Federal authorities have requested states to pass anti-trafficking legislation • Currently: 31 states have anti-trafficking provisions • Ohio is among 6 states w/o provisions (except that Ohio has 3 anti-trafficking bills) • July 2007: HHS launched Rescue & Restore Coalition in Columbus and Cincinnati, recognizing that trafficking is in Ohio • 2005: DOJ launched Innocence Lost initiative in Toledo • Reality: Can no longer argue slavery is not in Ohio

22. Why the need for Ohio Law? • No definitions: Involuntary servitude, debt bondage • Outdated reference to slavery • Ohio sentencing structure is grossly inadequate • E.g. Abducting to hold another in condition of involuntary servitude; 3rd degree max 5 years imprisonment • Club owner w/ underage girl performing nude gets 8 years while pimp on street w/ girl gets 5 years • Abduction, kidnapping • No address on psychological coercion • No mention of “others” • Serious harm only as physical harm (extortion or blackmail needed) • Need evidence of force, fraud and coercion if over age 13 • Compelling prostitution: • Not encompass all sex acts (e.g. stripping and pornography)

23. Why the need for Ohio Law? • Cleveland 2005: • FBI brought a trafficking case to state level to prosecute • Woman lured to US under false pretences and but purpose for prostitution • Woman was raped after refusing and was able to escape • Trafficker charged with sexual battery • No state level law on trafficking and Asst. Attorney felt limited

24. Ohio: What Is Being Done? • Legislation • Anti-trafficking bills introduced • SB205, HB15, SB23 • OPOTA • Human trafficking law enforcement curricula • Statewide trainings and conferences • Law enforcement, social service providers, etc • HHS Rescue & Restore Coalitions • Cincinnati and Columbus • Other groups • Cleveland, Toledo • Student organizations

25. Legislation • Ohio Anti-trafficking Legislation • SB23 (Goodman) • SB205 (Fedor) • HB15 (Chandler) NOTE: laws do not work if they are enforced

26. Chandler’s HB636 & HB15 • Criminal provisions • Defines human trafficking, debt bondage, etc • Trafficking and/or conspiracy to traffic is 1st degree felony • Mandatory law enforcement training • Duties of public officials/agencies • AG to train law enforcement, produce annual report, public awareness campaign • Victim services • AG to develop plan of action and assess current services • Restitution • Court to order offender to pay restitution to cover expenses • Victims able to bring civil suits • Taskforce • Investigate and evaluate current policies and services; implement plans to prevent trafficking • History: HB15 proponent and opponent hearings

27. Goodman’s SB352 & SB23 • Focus: criminal provisions prohibiting involuntary servitude, sexual servitude of minor and trafficking in persons for forced labor/services • Penalties range: 1st – 5th degree felonies • Court to impose restitution • AG and JFS report on existing victim service programs and provide recommendations • Issues: • criminal sentencing provide the higher crime with lesser charge and lower crime with higher penalty • Subjecting victim to forced labor = 3rd degree • Assisting/facilitating process of recruiting, transporting, harboring = 1st degree • No mention of debt coercion, coercion, deception, fraud • No LE training • History: SB23 proponent and opponent hearings DOJ State Model Legislation

28. Fedor’s SB356 & SB205 • Companion bill to HB15 • Criminal provisions • Mandatory law enforcement training • Duties of public officials/agencies • Restitution • Taskforce • Sex tourism (2905.33(A)) 2nd degree felony • AG required to contact fed authorities and support victimsrequest for benefits w/in 72 hours • History: no hearings yet • Issue: • Oversight: trafficking in persons not defined, only pattern of trafficking

29. Ohio Legislative Barriers • Misconceptions about human trafficking • 13th amendment banned slavery so no longer an issue • Forced labor only a problem outside US • Prostitution was a poor choice by women/girls • Synonym for alien smuggling • Benefiting undocumented migrants • Addressing slavery is a FEDERAL jurisdiction issue • Most are still unaware of the existence of the TVPA • Current Ohio laws (e.g. prostitution) are sufficient to address trafficking adequately • Ohio Prosecuting Attorney’s Association: duplicity of law • SB260: authorizing sheriffs and other state employees more power in “assisting” federal authorities by investigating, apprehending and detaining aliens who violate criminal AND civil provisions of federal immigration law • Increase fear and isolation of immigrant communities • See them as “criminals” rather than as potential “victims” • Expensive

30. What You Can Do • YOU can make a difference • Educate your church members, family, friends and community • Be vigilant citizens and report suspicious activities • Sponsor events to bring awareness or fundraise for organizations working on human trafficking • Contact your local leaders to build awareness • Contact representatives and educate them and get them to support legislation • Be conscious shopper and buy fair trade • Change requires action….be creative and take action!

31. Contact Kathleen Davis Director, Contemporary Slavery Programs Email: kdavis@nurfc.org