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A4 U.S. NEWS
Monday 27 May 2019
State prosecutors struggle with human trafficking cases
By PHILIP MARCELO ficking. That means prose-
Associated Press cutors won’t have to rely on
BOSTON (AP) — Laws the testimony of trafficking
cracking down on hu- victims, which is frequently
man trafficking are on the difficult to procure, in order
books in all 50 states, but to build their cases while
convictions are notoriously still being able to pursue
elusive, and state prosecu- long sentences, said Jef-
tors haven’t come close to frey Hendriks, a prosecutor
matching the success their in Fort Pierce handling six of
federal counterparts have the felony cases.
had in winning cases. “From a legal analysis,
States need to add re- what’s the loss? We want
sources into support traf- to try to put these people
ficking victims, educate away for up to 30 years.
the public and train law Why rest your whole case
enforcement if the num- on the victims?” Hendriks
bers of prosecutions and said.
convictions are to improve, “I don’t want to sound flip,
officials and experts say. but that’s the analysis. It’s
In at least a dozen states, just a better fit.”
attorneys general are not Most states aren’t required
even authorized to pursue to track prosecutions and
human trafficking charges. In this Dec. 1, 2017 file photo, silhouettes telling the stories of survivors are placed along the stairs convictions for human traf-
Records requested from all leading to the second floor at the Sanctum House, a shelter for survivors of human trafficking, in ficking crimes.
50 states by The Associated Detroit, Mich. The AP asked state at-
Press indicate a low con- Associated Press torneys general or other
viction rate since Washing- ing Victims Protection Act, state laws. “Prosecutors are whose attorneys May 13 state agencies for tallies
ton became the first state enacted in 2000, is about still learning how to pros- succeeded in getting vid- of human trafficking pros-
to enact a human traffick- 80%, according to Justice ecute these cases success- eo evidence suppressed ecutions, human trafficking
ing law in 2003. A previous Department data. fully. We’re in the process . The decision, if upheld, convictions and convic-
study suggested a 45% “We’re not fully where we of seeing the field mature could force prosecutors tions on other charges in
conviction rate through need to be, but it’s encour- more. It’s going to take to drop charges against their states since their local
roughly the first decade of aging to see states pursue time.” Kraft and potentially others law was enacted.
the laws. these cases,” said Bradley Underscoring the difficul- among the 300 men facing The AP also asked for how
In contrast, the convic- Myles, executive director ties is the misdemeanor solicitation charges as part many cases resulted in no
tion rate for prosecutions of the Polaris Project, which case against New England of a sweeping investigation conviction or are still pend-
under the federal Traffick- lobbied for passage of the Patriots owner Robert Kraft, of massage parlor prostitu- ing.
tion and possible human Five states did not respond.
trafficking in Florida. Of those that did, many
Some spa owners and op- supplied figures for one or
erators also face felony some of the categories but
prostitution charges, but not others, so full tallies and
none of the defendants direct comparisons aren’t
has been charged under possible. But the AP’s re-
the state’s human traffick- view does suggest there
ing law. have been many hundreds
Some local officials point of prosecutions for human
out that prosecutors do of- trafficking nationally, but
ten win convictions on oth- relatively few convictions,
er, oftentimes lower charg- let alone for human traf-
es that can still take sus- ficking crimes.
pected human traffickers Nearly 500 others were con-
off the street for a time, not victed of lesser but related
unlike how murder charg- crimes, such as prostitution
es are sometimes down- and drug charges. Nearly
graded to manslaughter. 300 others resulted in no
The study that found a 45% conviction, either because
conviction rate also found of a not guilty verdict or
that 72% of human traffick- because charges were
ing cases that were exam- dropped or dismissed, and
ined did lead to some sort more than 200 cases are
of conviction. pending.
In the Florida prostitution Some states should con-
case, many of the spa sider giving their attorneys
operators are being pros- general authority to prose-
ecuted under the state’s cute human trafficking cas-
Racketeer Influenced and es, suggested Julie Dahl-
Corrupt Organizations Act, strom, a law professor who
which calls for the same heads Boston University’s
maximum penalty, 30 years Immigrants’ Rights & Hu-
in prison, as for human traf- man Trafficking Program.q