Part II: The Task Ahead - Improving the United States' Task Force Model to Better Serve Victims and Survivors of Human Trafficking.

• Author: Rodolph, Alicen

This is an abridged version of the article. The full article can be found on https://papers.ssrn.com/sol3/papers.efm?abstract_id=4132576. Part I of this article was featured in the January 2023 edition of NDAA's The Prosecutor magazine.

CHANGES FOR FUTURE SUCCESS

Proper Identification and Classification of Human Trafficking Cases

One of the most problematic issues in human trafficking cases is the process of properly identifying, classifying, and charging cases. The hidden and insidious nature of human trafficking complicates identification of victims and perpetrators. (1) Awareness of the crime in question, and the circumstances leading up to and surrounding the crime may clue officers and investigators in on a more insidious crime lurking beneath the surface. (2) Law enforcement and investigators are the first to interact with and assess these cases, thus all law enforcement should receive training on human trafficking, including trafficking indicators (3) and common "cultural blinders" that contribute to mislabeling. (4)

Improper identification and mislabeling of human trafficking cases not only hinders a proper judicial process but may cause significant harm to the victim and their reputation. (5) Proper training and implementation of prosecution-led investigations will contribute immensely to law enforcement's ability to identify and properly label human trafficking cases. To facilitate this, the federal government provides resources and training to federal government employees and offers a catalog of online resources for law enforcement and service providers. (6) Awareness, knowledge of indicators, and a willingness to take a second look can be the thing that begins a liberating and life-changing investigation for victims and survivors.

Comprehensive Survivor Services

Implementing a trauma-informed and victim-centered approach means offering comprehensive survivor services. Providing comprehensive survivor services encompasses a holistic viewpoint of meeting a victim or survivor's needs, and "engages survivors as active participants in the accessing of services and, in doing so, builds empowerment and agency." (7) These services include safe housing, mental health treatment, addiction treatment, medical services, immigration assistance, legal assistance, education, job training, and funding. (8) Victim-Witness Coordinators, prosecutors, and others involved in human trafficking cases should know of and refer survivors to these resources. And, referrals should be made at different intervals, as victims may initially decline services immediately after trauma or identification.

Unfortunately, advocates report lack of availability and access to service providers. Specifically, advocates note that foreign nationals face increased obstacles in securing victim protections (9) and that certain demographics lack available resources. (10) Advocates further argue the need for increased access to affordable services, (11) transitional and long-term housing, and services that are more inclusive and culturally competent. (12) Overall, advocates stress the need for improved collaboration and access to resources such as restitution and other aid and services available through the Victims of Crime Act (VOCA) and the TVPA. (13)

VOCA provides reimbursement to survivors for crime-related expenses such as health care, counseling, funeral and burial costs, lost wages, and loss of support. (14) These services are available to citizens and select non-citizens, yet unless a victim or someone working with them knows what resources are available, they may not receive assistance. Additionally, immigrant victims are reportedly hesitant to report their cases based on fear of removal even though the TVPA provides special visas to human trafficking victims. (15) While stipulations apply to the receipt of funding, visas, or other assistance, these resources are invaluable to victims and survivors as they rebuild and resume their lives. (16)

Finally, one of the biggest issues faced in cases resulting in convictions is the lack of restitution ordered. The TVPA mandates convicted traffickers to pay victims restitution...