Who is Involved?
The following professionals and agencies might be involved in the criminal justice response to human trafficking, if it is reported to law enforcement (OVC/BJA, 2017):
- Local and state criminal trafficking investigations may include the local police department, sheriff or state police, specialized state police investigators, and/or the local prosecuting attorney’s office.
- Federal criminal human trafficking investigations usually include the FBI and the Department of Homeland Security’s HSI (one or both), the local United States Attorney’s Office (USAO), and sometimes the Human Trafficking Prosecution Unit in the Criminal Section of the Civil Rights Division at the U.S. Department of Justice.
- In local, state and federal cases, civil agencies (local, state and federal) may be brought into a criminal investigation to assist. Civil agencies may also refer a case to criminal agencies for criminal investigation.
- Successful investigations include one or more service providers that offer support to the human trafficking victim. Some victims may be represented by a civil attorney, immigration attorney (if they are foreign nationals) or both.
Building Strong Cases
A few key points (OVC/BJA, 2017):
- Human trafficking cases in the criminal justice system can be extremely challenging. However, good working relationships among investigators, prosecutors, victim service providers and civil/immigrant attorneys working on victims’ behalf, and their willingness and ability to collaborate, are essential to successful investigations and prosecutions.
- It is critical that responders—particularly those within the justice system—be able to work across jurisdictions to investigate and prosecute these cases.
- Human trafficking investigations and prosecutions must be purposely victim-centered, as victims often testify if there is a trial. Taking the time and effort to create safe environments for victims and address their needs is paramount.
- Victim advocates—both community-based or government-based—can play a role in helping to build a foundation of trust with victims.
- Victims required a range of services for stability, safety and recovery. However, the provision of assistance must not be tied to reporting or cooperating with investigation or prosecution.
- Those who have been trafficked have rights as crime victims even if they have committed illegal acts during their exploitation.
The information in this section is drawn from a WVFRIS Sexual Assault Services Training Academy (SASTA) course, Human Trafficking 101 for Advocates.