National Indian Country Clearinghouse on Sexual Assault

Human Trafficking publications

 

Publications:


Statutes - 10

Additional Resources - 40

 

Statutes

 

18 U.S.C § 1584 - Sale Into Involuntary Servitude 18 U.S.C § 1584 - Sale Into Involuntary Servitude

 

This statute criminalizes a person who knowingly and willfully holds to involuntary servitude or sells into any condition of involuntary servitude.

 

 

18 U.S.C § 1589 - Forced Labor 18 U.S.C § 1589 - Forced Labor

 

Title 18, United States Code, Section 1589 was passed as a part of the Trafficking Victim's Protection Act (TVPA). This statute makes it illegal to provide or obtain the labor or services of a person through prohibited means. Section 1589 broadens the definition of the types of coercion that could result in forced labor.

 

 

18 U.S.C § 1590 - Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor 18 U.S.C § 1590 - Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor

 

This statute makes it illegal to recruit, harbor, or transport persons for labor or services under any conditions that violate the offenses listed in Chapter 77 of Title 18.

 

 

18 U.S.C § 1591 - Sex trafficking of children or by force, fraud, or coercion 18 U.S.C § 1591 - Sex trafficking of children or by force, fraud, or coercion

 

Title 18, United States Code, Section 1591 criminalizes sex trafficking. Sex trafficking is defined as causing a person to engage in a commercial sex act under certain conditions. The specific conditions are the use of force, fraud or coercion, or conduct involving persons under the age of 18.

 

 

18 U.S.C § 1592 - Unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor 18 U.S.C § 1592 - Unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor

 

Title 18, United States Code, Section 1592 makes it illegal to destroy, remove, confiscate, or possess any official or false government identification documents of another person. This statute was created to prevent or restrict human trafficking as defined in Section 103 of the Trafficking Victims Protection Act of 2000.

 

 

18 U.S.C § 1593 - Mandatory Restitution 18 U.S.C § 1593 - Mandatory Restitution

 

Title 18, United States Code, Section 1593 requires restitution orders that the defendant will pay the full amount of the victim's losses as determined by the court.

 

 

18 U.S.C § 1594 - General Provisions 18 U.S.C § 1594 - General Provisions

 

Title 18, United States Code, Section 1594 states that any person who is convicted of violating any section of Chapter 77 of Title 18 shall be punished either in the same manner of the completed violation or fined and imprisoned for any term of years, or for life, or both.

 

 

18 U.S.C § 1595  - Civil Remedy 18 U.S.C § 1595 - Civil Remedy

 

This statute states that an individual who is a victim of any violation of Chapter 77 of Title 18 may bring a civil action against the perpetrator.

 

 

18 U.S.C. §§ 7101-12 - The Trafficking Victims Protection Act 18 U.S.C. §§ 7101-12 - The Trafficking Victims Protection Act

 

The Trafficking Victims Protection Act (reauthorized in 2003, 2005, and 2008) defines a human trafficking victim as a person induced to perform labor or a commercial sex act through force, fraud, or coercion. Any person under age 18 who performs a commercial sex act is considered a victim of human trafficking, regardless of whether force, fraud, or coercion was present. Notably, there is no requirement of actual transportation of the victim. The TVPA enhances pre-existing criminal penalties in other related laws, affords new protections to trafficking victims and makes available certain benefits and services to victims of severe forms of trafficking once they become certified by the U.S. Department of Health and Human Services.

 

 

Title IX - Safety for Indian Women Title IX - Safety for Indian Women

 

Title IX Safety for Indian Women contains historic provisions recognizing and affirming the sovereignty of tribes to exercise special domestic violence criminal jurisdiction over all persons. Congress enacted a partial-Oliphant fix in Title IX of the Violence Against Women Reauthorization Act of 2013 to respond to crimes committed by non-Indian offenders in Indian Country.

 

 

Additional Resources

 

A Perfect Storm A Perfect Storm

 

Andrea L. Johnson, A Perfect Storm: the U.S. Antitrafficking Regime's Failure to Stop the Sex Trafficking of American Indian Women and Girls. This law review article discusses why American Indian/Alaskan Native women are more susceptible than the general population to becoming victims of human trafficking. It also looks at shortcomings in the current judicial and law enforcement models in preventing the trafficking of AIAN women.

 

 

Characteristics of Suspected Human Trafficking Incidents, 2007-2008 Characteristics of Suspected Human Trafficking Incidents, 2007-2008

 

Characteristics of Suspected Human Trafficking Incidents, 2007-2008. This report, compiled and authored by the Bureau of Justice Statistics, presents findings from the Human Trafficking Reporting System (HTRS). The HTRS was developed in 2007 to collect data on alleged human trafficking incidents from state and local law enforcement agencies. As of September 30, 2008, it had collected information on incident, suspect, and victim characteristics from 38 human trafficking task forces, funded by the Department of Justice. Incident data include the number of suspects and victims, number of agencies involved in the incident, confirmation of incident as human trafficking, and type of lead agency. Victim data include demographic characteristics such as age, race, gender, and citizenship status.

 

 

Characteristics of Suspected Human Trafficking Incidents, 2008-2010 Characteristics of Suspected Human Trafficking Incidents, 2008-2010

 

Characteristics of Suspected Human Trafficking Incidents, 2008-2010. This report, compiled and authored by the Bureau of Justice Statistics, describes the characteristics of human trafficking investigations, suspects, and victims in cases opened by federally funded task forces between January 2008 and June 2010. This report provides information about investigations, persons involved in suspected and confirmed incidents of human trafficking, and case outcomes.

 

 

Combatting Sex Trafficking in Indian Country - (2016) Combatting Sex Trafficking in Indian Country - (2016)

 

This document prepared by Melina Angelos Healey for the Center for the Human Rights of Children Native Trafficking Project provides resources for drafting a tribal sex trafficking provision in addition to a PowerPoint presentation that explores the legal side of sex trafficking in Indian Country.

 

 

Coming Together to Address Human Trafficking in Native Communities - (2017) Coming Together to Address Human Trafficking in Native Communities - (2017)

 

Presented by the NIWRC and Polaris, this presentation explores the trafficking of Indigenous victims and the resources available to assist tribes.

 

 

Commercial Sexual Exploitation of Children in New York City, Volume One: The CSEC Population in New York City: Size, Characteristics, and Needs (September 2008) Commercial Sexual Exploitation of Children in New York City, Volume One: The CSEC Population in New York City: Size, Characteristics, and Needs (September 2008)

 

This study, sponsored by the National Institute of Justice, presents the methodology and findings of a study that examined the size, characteristics, needs, and geographic spread of commercially sexually exploited children (CSEC) in New York City.

 

 

Commercial Sexual Exploitation of Children in New York City, Volume Two: Formative Evaluation: The New York City Demonstration (September 2008) Commercial Sexual Exploitation of Children in New York City, Volume Two: Formative Evaluation: The New York City Demonstration (September 2008)

 

This report presents the methodology and findings of a formative, participatory evaluation of New York City's demonstration project of the Coalition to Address the Sexual Exploitation of Children (CASEC), which focused on child prostitution in the city.

 

 

Commercial Sexual Exploitation of Children: What Do We Know and What Do We Do About It? (December 2007) Commercial Sexual Exploitation of Children: What Do We Know and What Do We Do About It? (December 2007)

 

This National Institute of Justice report examines the problem of commercial sexual exploitation of children and the response to the problem through intervention and prevention programs.

 

 

DOJ, HHS, DHS:  Federal Strategic Action Plan on Services for Victims of Human Trafficking in the United States - (2013-2017) DOJ, HHS, DHS: Federal Strategic Action Plan on Services for Victims of Human Trafficking in the United States - (2013-2017)

 

This document is a 5-year plan for strengthening coordination, collaboration, and capacity across governmental and nongovernmental entities dedicated to providing support to the victims of human trafficking.

 

 

Federal Prosecution of Human Trafficking, 2001-2005 Federal Prosecution of Human Trafficking, 2001-2005

 

This report, compiled and authored by the Bureau of Justice Statistics, presents Federal criminal case processing statistics on peonage and slavery statutes in the U.S. criminal code with a focus on human trafficking offenses created by Congress in the Trafficking in Victims Protection Act of 2000. The report includes national data on the number and type of human trafficking offenders referred to and prosecuted by U.S. attorneys. It describes human trafficking case processing, including number of convictions and types of sentences imposed. Data are presented on matters referred by investigating law enforcement agency and Federal judicial district.

 

 

Finding Victims of Human Trafficking (September 2008) Finding Victims of Human Trafficking (September 2008)

 

This study, which was funded and distributed by the National Institute of Justice, responds to a Congressional mandate and examines human trafficking experiences among a random sample of 60 counties across the United States.

 

 

Garden of Truth: The Prostitution and Trafficking of Native Women in Minnesota Garden of Truth: The Prostitution and Trafficking of Native Women in Minnesota

 

This report, compiled by the Minnesota Indian Women's Sexual Assault Coalition and Prostitution Research & Education and written by Melissa Farley, Nicole Matthews, Sarah Deer, Guadalupe Lopez, Christine Stark, and Eileen Hudon, explores the results of interviews with 105 Native women, around half of which were victims of human trafficking. This report explores the prevalence of human trafficking amongst Native women and describes some of the long-term, adverse consequences of trafficking on Native women.

 

 

Handbook on Justice for Victims Handbook on Justice for Victims

 

This handbook, developed by the United Nations Commission on Crime Prevention and Criminal Justice, outlines the basic steps in developing comprehensive assistance services for victims of crime.

 

 

Human & Sex Trafficking - (2016) Human & Sex Trafficking - (2016)

 

In this brief, the NCAI Policy Research Center gives insight on human trafficking in American Indian and Alaska Native communities from its root causes and historical content to current trends.

 

 

Human Trafficking & Native Peoples in Oregon:  A Human Rights Report - (2014) Human Trafficking & Native Peoples in Oregon: A Human Rights Report - (2014)

 

This report prepared by the International Human Rights Clinic Willamette University College of Law focuses specifically on Native populations within Oregon. It is a human rights legal fact-finding report that sets out to measure whether federal, state, and local government officials are meeting their obligations under international, national and state law in prosecuting traffickers, protecting survivors, and preventing trafficking among the Native population in Oregon.

 

 

Human Trafficking (including Sex Trafficking) of American Indians and Alaskan Natives - Framing Paper Summary - (2017) Human Trafficking (including Sex Trafficking) of American Indians and Alaskan Natives - Framing Paper Summary - (2017)

 

This summary published by the Department of Justice summarizes consultation questions on conducting research and providing training and technical assistance to address human trafficking of American Indians and Alaska Natives.

 

 

Human Trafficking:  Action Needed to Identify the Number of Native American Victims Receiving Federally-Funded Services - (2017) Human Trafficking: Action Needed to Identify the Number of Native American Victims Receiving Federally-Funded Services - (2017)

 

This report prepared by GAO focuses on federal efforts to address human trafficking, exploring how agencies collect and maintain data on investigations and prosecutions of human trafficking in Indian Country or of Native Americans and if federal grant programs are available to help address such trafficking.

 

 

Human Trafficking:  Information on Cases in Indian Country or that Involved Native Amerians - (2017) Human Trafficking: Information on Cases in Indian Country or that Involved Native Amerians - (2017)

 

This report prepared by GAO addresses the extent to which tribal and major city law enforcement agencies (LEAs) have encountered human trafficking in Indian Country, the factors affecting the ability of LEAs to identify and investigate this specific human trafficking, and availability of services to Native American victims of human trafficking.

 

 

Human Trafficking:  Investigations in Indian Country or Involving Native Americans and Actions Needed to Better Report on Victims Served - (2017) Human Trafficking: Investigations in Indian Country or Involving Native Americans and Actions Needed to Better Report on Victims Served - (2017)

 

This testimony is based on GAO reports issued in March and July 2017 regarding federal trafficking data occurring in Indian country or involving Native Americans.

 

 

Information for Victims of Trafficking in Persons and Forced Labor - (2002) Information for Victims of Trafficking in Persons and Forced Labor - (2002)

 

This brochure from the Office for Victims of Crime provides basic information about the rights of victims of trafficking in the United States and describes assistance and protections that may be available to these victims.

 

 

Law Enforcement Response to Human Trafficking and the Implications for Victims:  Current Practices and Lessons Learned - (2006) Law Enforcement Response to Human Trafficking and the Implications for Victims: Current Practices and Lessons Learned - (2006)

 

Funded by a National Institute of Justice grant, the purpose of this exploratory study is to examine the understanding of human trafficking among law enforcement agencies currently working on the issue, provide an overview of how law enforcement agencies are responding to trafficking, and highlight the implications of this response for trafficking victims.

 

 

More Than 1,200 Alleged Incidents of Human Trafficking Reported in the U.S. More Than 1,200 Alleged Incidents of Human Trafficking Reported in the U.S.

 

This press release discusses the major findings of the Characteristics of Suspected Human Trafficking Incidents, 2007-2008 report. This report, compiled and authored by the Bureau of Justice Statistics, presents findings from the Human Trafficking Reporting System (HTRS). The HTRS was developed in 2007 to collect data on alleged human trafficking incidents from state and local law enforcement agencies. As of September 30, 2008, it had collected information on incident, suspect, and victim characteristics from 38 human trafficking task forces, funded by the Department of Justice. Incident data include the number of suspects and victims, number of agencies involved in the incident, confirmation of incident as human trafficking, and type of lead agency. Victim data include demographic characteristics such as age, race, gender, and citizenship status.

 

 

Most Suspected Incidents of Human Trafficking Involving Allegations of Prostitution of an Adult or Child Press Release Most Suspected Incidents of Human Trafficking Involving Allegations of Prostitution of an Adult or Child Press Release

 

This press release discusses the Characteristics of Suspected Human Trafficking Incidents, 2008-2010. This report, compiled and authored by the Bureau of Justice Statistics, describes the characteristics of human trafficking investigations, suspects, and victims in cases opened by federally funded task forces between January 2008 and June 2010. This report provides information about investigations, persons involved in suspected and confirmed incidents of human trafficking, and case outcomes.

 

 

National Intimate Partner and Sexual Victims Survey National Intimate Partner and Sexual Victims Survey

 

This two-page fact sheet, produced by the Centers for Disease Control, summarizes the major conclusions of the National Intimate Partner and Sexual Violence Survey (NISVS).

 

 

National Intimate Partner and Sexual Violence Survey Executive Summary National Intimate Partner and Sexual Violence Survey Executive Summary

 

This four-page executive summary, produced by the Centers for Disease Control, summarizes the major conclusions of the National Intimate Partner and Sexual Violence Survey (NISVS).

 

 

National Intimate Partner and Sexual Violence Survey Report National Intimate Partner and Sexual Violence Survey Report

 

The National Intimate Partner Sexual Violence Survey was conducted by the Centers for Disease Control and Prevention. According to the report, on average, 24 people per minute are victims of rape, physical violence, talking, or violence by an intimate partner in the United States. Over the course of a year, that equals more than 12 million women. These findings emphasize that sexual violence, stalking, and intimate partner violence are important and widespread public health problems in the United States. This report not only focuses on raw data but also focuses on the long-term health implications of sexual violence.

 

 

New Language, Old Problem:  Sex trafficking of American Indian women and children - (2011) New Language, Old Problem: Sex trafficking of American Indian women and children - (2011)

 

This summary published by the National Resource Center on Domestic Violence discusses research with Native women and girls in the sex trade. This summary also discusses gaps in legal protections and victims support services and implications for professionals.

 

 

Office for Victims of Crime (OVC):  Trafficking Video Resource Guide Office for Victims of Crime (OVC): Trafficking Video Resource Guide

 

This resource guide published by the Office for Victims of Crime is a part of an ongoing effort to provide current, relevant information to professionals serving victims of human trafficking in the United States.

 

 

Prosecuting Human Trafficking Cases: Lessons Learned and Promising Practices - (June 2008) Prosecuting Human Trafficking Cases: Lessons Learned and Promising Practices - (June 2008)

 

This study examined the effectiveness of existing U.S. Federal and State legislation in providing prosecutors with the tools needed to gain convictions of those charged with human trafficking, defined as "the use of force, fraud, or coercion to exploit a person for profit."

 

 

Prostitution and Trafficking brochure - Prostitution and Trafficking brochure -

 

This 4-page brochure created by the Minnesota Indian Women's Sexual Assault Coalition (MIWSAC) explores the correlation and significance between prostitution and human trafficking.

 

 

Relocation Revisited: Sex Trafficking of Native Women in the United States Relocation Revisited: Sex Trafficking of Native Women in the United States

 

This law review article, written by Sarah Deer, links colonization to the current human trafficking problem in Indian Country.

 

 

Screening for Human Trafficking:  Guidelines for Administering the Trafficking Victim Identification Tool - (2014) Screening for Human Trafficking: Guidelines for Administering the Trafficking Victim Identification Tool - (2014)

 

This manual was created by the Vera Institute of Health in support with the National Institute of Justice. The manual content is based on results of research conducted by the Vera Institute of Justice, which collaborated with leading legal and victim services agencies in the United States, to produce the validated screening tool and best practices for identifying trafficked persons, and on other expert sources in government and non-governmental agencies.

 

 

Shattered Hearts:  The Commercial Sexual Exploitation of American Indian Women and Girls in Minnesota - (2009) Shattered Hearts: The Commercial Sexual Exploitation of American Indian Women and Girls in Minnesota - (2009)

 

This 123-page report prepared by Alexandra Pierce, Ph.D for MIWRC focuses on the commercial sexual exploitation of American Indian women and girls in Minnesota, including but not limited to sex trafficking.

 

 

State of Alaska Task Force on the Crimes of Human Trafficking, Promoting Prostitution and Sex Trafficking - (2013) State of Alaska Task Force on the Crimes of Human Trafficking, Promoting Prostitution and Sex Trafficking - (2013)

 

The State of Alaska Task Force on the Crimes of Human Trafficking, Promoting Prostitution and Sex Trafficking produced this report as the final culmination of the task force's work and includes the task force's final recommendations for the year of 2013.

 

 

The Devastating Impact of Human Trafficking of Native Women on Indian Reservations - (2013) The Devastating Impact of Human Trafficking of Native Women on Indian Reservations - (2013)

 

This 3-page document is a written testimony of Lisa Brunner from the National Indigenous Women's Resource Center. This testimony addresses the human trafficking issues that American Indian, Alaska Native, and Native Hawaiians currently face.

 

 

Trafficking in Native Communities - (2015) Trafficking in Native Communities - (2015)

 

This article prepared by the National Council of Juvenile and Family Court Judges summarizes the predictive risk factors, commercial sex trade data, and recommendations for addressing trafficking among the Native American population.

 

 

Trafficking of Native American Women for Prostitution in Minnesota:  Some Preliminary Findings Trafficking of Native American Women for Prostitution in Minnesota: Some Preliminary Findings

 

This report offers some preliminary findings Nicole Matthews, Melissa Farley, Guadalupe Lopez, Sarah Deer, Christine Stark on behalf of the Minnesota Indian Women's Sexual Assault Coalition (MIWSAC) and Prostitution Research & Education (PRE) concerning the trafficking of Native women in the United States.

 

 

Tribal Justice and Sex Trafficking Tribal Justice and Sex Trafficking

 

As part of the Human Trafficking and the State Courts Collaborative, this chapter discusses some of the issues that Native American's face when dealing with tribal, state, and federal justice when they are victims of domestic violence, sexual violence, and trafficking.

 

 

Understanding and Improving Law Enforcement Responses to Human Trafficking, Final Report (February 2008) Understanding and Improving Law Enforcement Responses to Human Trafficking, Final Report (February 2008)

 

This study, which was funded and distributed by the National Institute of Justice, sought the opinions of service providers for deaf sexual assault victims and the views of members of the deaf community, in order to identify service gaps for these victims and how law enforcement agencies can be a more effective resource for them.

 

 

Violence Against American Indian and Alaska Native Women and the Criminal Justice Response: What Is Known (2008) Violence Against American Indian and Alaska Native Women and the Criminal Justice Response: What Is Known (2008)

 

This report was funded by a National Institute of Justice Grant. Based on a synthesis of the empirical literature and original data analyses, this report presents an overview of the epidemiology of violence against American-Indian and Alaska-Native women as well as a review of the criminal justice responses to this violence.

 

 

National Indian Country Clearinghouse on Sexual Assault, a project by the Southwest Center for Law and Policy © 2018

This project was supported by  Grant No. 2011-TA-AX-K045 awarded by the Office on Violence Against Women. Points of view in this document are those of the author and do not necessary represent the official position of the U.S. Department of Justice. All rights reserved. | Privacy policy