Investigating CSEC Cases

1. Investigating CSEC Cases Module 6: “It took them almost a year and a half of being locked up a bunch of times in adult jail ‘til they realized I was juvenile.” - CSEC survivor

2. Investigating CSEC Cases and Interviewing Victims Objectives… • To focus onvictim-centered investigationand prosecution • Tolearn strategiesfor building a case against CSEC • To practiceappropriate protocolfor interviewing victims

3. Brainstorming Question: What does “victim-centered investigation” really mean in practice?

4. Tough questions for law enforcement and legal professionals… • How do you interact with sexually exploited kids on the street? • How do you build a case against an exploiter or trafficker to put them away? • What do you do to try to prevent a victim/witness from running away? • What do you do when interviewing a child who presents as an “unwilling victim,” who is resistant to police intervention, or who protects her exploiter? • What strategies do you use to build a case against an exploiter that is not hinged on a child’s testimony? • How do you deal with a child that goes AWOL and returns to the life? • How do you hold johns accountable for CSEC? How do you address demand?

5. “These are really the hardest cases I’ve ever worked on in all my years on the job. So hard. It’s so tough, so complex, there is so much involved. And people don’t want to believe that these are real victims.”- Sergeant, Special Projects Squad

6. Key Points for Effective CSEC Investigations Before you begin… • Understand that this will not be an easy case • Understand that these cases may not be a priority for your supervisor • Understand the dynamics of CSEC • Be willing to invest a lot of time • Be willing to work collaboratively

7. Key Points for Effective CSEC Investigations • As you work with the victims… • Be persistent and patient • Be respectful and nonjudgmental of your victims • Know what resources are available • Bring in people who are experienced with dealing with CSEC victims immediately

8. Key Points for Effective CSEC Investigations • As you begin to build your case… • Corroborate, corroborate, corroborate • Build on as many victims as you can • Continue to work with service providers to support your victims • Try to find a DA who understands these types of cases • Understand and anticipate your victims’ likelihood of “relapse”

9. Activity:On The Ground InvestigationUS v. Demetrius Johnson

10. Activity:On the Ground Investigation Working Group Questions: • What were the challenges in this case? • What aspects would you find particularly challenging? • How did the investigators approach these challenges? • How would you?

11. Activity:On the Ground Investigation Debriefing Questions:How do the “Key Points” relate to this investigation?Are there any“standout”points helpful to you?

12. Investigative Techniques Who are the players you want to investigate? • Traffickers/Exploiters • “Johns” • Strip-club owners • Pornographers • Owners of hotels and other businesses that support or profit from CSEC

13. Investigative Techniques Discussion Question: What techniques should be used to build a strong case?

14. Investigative Techniques • Surveillance • Interview neighbors regarding people coming and going • John’s sweeps • Use of under-covers • Phone taps • One party consent calls • Check web pages like MySpace • Internet advertisements like Craigslist

15. Investigative Techniques • Look for phone records, hotel records and bills, any medical records of violence, financial transactions, Western Union wire transfers, bus or plane tickets • Go to various tracks and/or indoor locations to seek additional victims of same pimp/trafficker • Get DA on board • Search warrant Use federal resources—contact FBI, NCMEC, ICAC, CEOS, etc. • Know trafficking routes: interstate and international • Look for evidence of interstate commerce

16. “We brought a girl in for an interview to build more information on a case we were working on. Initially she was really resistant, a little bulls**t, a little lip. Told us she wasn’t going to answer any questions. I bought some pizza and soda and just sat around talking s**t with her for a while, getting her to feel comfortable. In the end, she gave us so much info, really good stuff. When she was leaving she turned to me and said, “Damn, you guys really broke me down.” But all we did was spend a few dollars, spend a little time and she really opened up. Essentially pimps are willing to invest a little money, a little time. As cops we need to be able to invest that too.” What does this cop’s experience tell you aboutinterviewing CSEC victims?

17. Interviewing CSEC Victims What are yourobjectivesin interviewing a CSEC victim? What kind ofprotocolwill help you achieve those objectives?

18. Interviewing CSEC Victims Gain trust and confidence • First engagement can make a huge impression, whether you develop the relationship that lets you build a case and/or truly help the victim • Victims may be resistant upon first engagement, but if you start building trust immediately, they may later visit or contact you with the information you need • Be clear you are not there to hurt them (most adults in their lives may have) • Refer case to Special Victims Unit, Anti-Trafficking Unit, or other units experienced in dealing with CSEC • Invite CSEC-specific service providers to be involved in the case from the beginning. The child may have an existing relationship with service provider, or feel safer talking to a child advocate

19. Interviewing CSEC Victims Gain trust and confidence continued • Make sure the child understands his/her situation and/or legal rights by translating all legal terms into terms the child can understand • Provide a safe, non-threatening place for questioning • Do not be judgmental • While not condoning exploitation, appear neutral • Maintain appropriate boundaries • Do not treat victim like a perpetrator • Do not threaten victim with consequences for not cooperating with investigation for or testifying against exploiter

20. Interviewing CSEC Victims • Address Immediate Needs • Sleep - Let the child sleep if he or she was up all night. Children are much more receptive to questions after getting sleep • Clothing appropriate to place and temperature • Food • Medical attention • Determine appropriate guardianship (call and/or visit guardians) • Connect victim with CSEC-specificservices/service providers • Safe placement • This is challenging, but keeping a child close serves the officer and the child well. You may not get truthful information the first interview, but you may in conversations to come • Check up on the victim, and let the victim know you are checking up on him or her • Let the victim know you care • Prevent additional missing-persons reports

21. Interviewing CSEC Victims • Debriefing • Use CSEC-appropriate language and a calm, even tone • Prepare to spend more time than with most crime victims • Behave unlike most victims or confidential informants • Be respectfuland nonjudgmental • Use logic to sensitively to confront denial, i.e., “ I know you think he protected you when you had a bad date, but what happened after that date? He put you in a car with another date….Do you think thathe’s really protecting you?” • Involve service provider or child advocate • Get pedigree information and ask questions about background • Expect lies and misinformation • False name and background information • Protect pimp/exploiter i.e., “He’s just my boyfriend.” • The more information you get the better—somewhere in there, something will be true. Enter all information given into the system and look for missing-persons reports, etc.

22. Interviewing CSEC Victims • Debriefing cont… • Earn trust • For example: After ascertaining real identity let them know you could charge with (false impersonation), but you won’t. You are not interested in charging them with anything—you just want to know what’s going on, what they’re going through. • Identify pictures of pimps and other CSEC victims • Where is the child living? Where was he/she living? (Shelter, group home, family, etc.) • What help does the child need? (convert or keep case as a PINS instead of a criminal case.) • Ask about traveling to other states/cities/countries

23. Interviewing CSEC Victims • Sample Questions • Tell me about your family. • Is there anyone I can contact? I need to contact a family member. • Child may give you the phone number of a relative, or the phone number of her pimp or the “bottom.” Either way, this information is helpful for a case. • Where is the child living? Where was he/she living? (Shelter, group home, family, etc.) • What help does the child need? (convert or keep case as a PINS instead of a criminal case.) • Ask about traveling to other states/cities/countries

24. Bringing back the tough questions… • How do you interact with sexually exploited kids on the street? • How do you build a case against an exploiter or trafficker to put them away? • What do you do to try to prevent a victim/witness from running away? • What do you do when interviewing a child who presents as an “unwilling victim,” who is resistant to police intervention, or who protects her exploiter? • What strategies do you use to build a case against an exploiter that is not hinged on a child’s testimony? • How do you deal with a child that goes AWOL and returns to the life? • How do you hold johns accountable for CSEC? How do you address demand?

25. Film: OJJDP Teleconference ClipSpecial Projects Squad

26. Tough Questions Debriefing Question: Are there any responses you find particularly useful or valuable?