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Prosecuting Human Trafficking Cases: Issues & Special Considerations. Rachel Yasser, AUSA, USAO, Human Trafficking Coordinator Patrick Mays, ASA, Montgomery County. OVERVIEW. Charging Considerations in Sex Trafficking Cases: Applicable Statutes & Their Penalties
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Rachel Yasser, AUSA, USAO, Human Trafficking Coordinator
Patrick Mays, ASA, Montgomery County
Other Statutes to Consider:
(1)Knowingly recruit, entice, harbor, transport, provide or obtain by any means a person, or to benefit from such activities;
(2) In or affecting interstate or foreign commerce;
(3) Knowing that the person will be caused to engage in commercial sex act;
(4) Knowing or in reckless disregard of fact that either:
(a) Person is a child under 18, or
(b) Force, fraud or coercion used.
* Statute does not require that either offender or victim actually travel. Does require interstate nexus (cell phone, computer, hotel).
* Have to prove Knowledge or Reckless Disregard of Age.
(1) Using the mail or any facility or means of interstate or foreign commerce,
(2) To knowingly persuade, induce, entice, or coerce,
(3) Any child under 18,
(4) To engage in prostitution or any illegal sexual activity, or attempt to do so.
*Have to prove Knowledge of Age.
*No knowledge of age necessary under law, unless illegal sexual activity requires showing.
A person may not knowingly
As easy as following the signs
-Nature of target- Criminal record? Sex offender? Multiple targets? Juvenile targets?
-Nature of offense- Presence of aggravating factors (i.e., drugs, guns, violence, gangs, force, CP, child abuse, large enterprise ($$), multi-jurisdictional)?
-Status of victim- Multiple victims? Age? Cooperative? Within this jurisdiction/accessible?
-State charges- Is there TIME to conduct investigation? Can state adequately handle?
3. Strength of Evidence, or Potential to Strengthen? Admissibility issues?
These cases rise and fall with the victims and other vulnerable witnesses!
Sources: The Washington Post, aimgroup.com
Clicking on the “report suspected exploitation of minors and/or human trafficking” link takes you to the website for the National Center for Missing or Exploited Children.
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***COmE** GeT** A ** TaSTe** Of** ThIS** HoT**ToTTy** - 23
On your way home ** get N. A. U. G. H. T. Y. - 18
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Poster's age: 18
• Location: oxon hill
• Post ID: 4810594 southernmaryland
-Highly likely she never told him
-ID- real or fake?
-What did she discuss about home life? Siblings? School? Friends?
-Directed to lie about age or state a certain age when confronted by police or john?
-Online- did she ever show pimp FB page? Email?
-Her appearance: Braces? Pigtails? HS or Church CLOTHING? Picture of her at scene or shortly thereafter
-Her appearance on Advertisement (backpage, etc), and any other indicators of age (“young,” “fresh,” “innocent…”)
At every stage, have someone she feels safe with there (victim advocate, sister, an agent…).
*why Grand Jury may be a good idea.