Wednesday, March 28, 2012

Victims Are Not Willing to Report




Are we blaming the victim for low numbers of cases? 

How many times have we heard the statement, victims are unwilling or afraid to report the crime of human trafficking, in the news? Human trafficking task force members are often quoted as saying that victims of trafficking are too afraid to speak so it’s hard to identify them. A recent example is in the Austin American Statesman Article Sex Traffickers Prove harder to Catch as they Move on Line. There Austin police Department task Force member Billy Sifuentes is quoted as saying "it is difficult to count the number of people operating in the shadows," Sifuentes said. "Who can say how many victims we actually have? Who can say when many of these girls are not willing to report?" When speaking about a case in th article he points out that ‘Although [Sifuentes] said he is certain some of the women she employed were forced into the trade, detectives were not able to find any trafficking victims. As with similar cases, he said the main reason for that was their fear of retaliation.’

In my experience, this is a bit of a myth and misunderstanding. Yes, it’s often very dangerous and difficult for victims to speak about the trafficking, their traffickers, and the multitude of crimes committed upon them. They must recall a multitude of rapes, abortions, assaults, threats to their loved ones and sometimes even murder, it’s excruciating for them to relive the experiences tucked away in their memory. This is why it’s imperative to listen and respond when they do find the courage to speak out about these atrocities.

I recently had the absolute pleasure of handing one of our clients her approved t-visa. Her first question was “can I work now?”

While driving to meet her to deliver the visa, I recalled the amount of effort that went into her case. It was so frustrating to recall how much she had endured, possilbly 1000 rapes, the trauma, the torture, the photos of bruises and even more that would deeply disturb most people, and probably make them very angry. I then thought about the hero who saved her, a former law enforcement officer, who would later marry her. He was trained in how to report crimes and how to follow up. He tried for 2 and half years to report her case and advocate for assistance for her. He had taken her from the bad guys, which was very brave, but it was not the most difficult part of saving her- in fact it turned out to be the easiest part of saving her.

He spoke to human trafficking task forces, wrote letters and emails, and even wrote the President of the United States asking for help. What is amazing is that even though he is not an expert in human trafficking he found the correct organizations and individuals to report this case and, according to him and the victim, all pleas were unanswered or were answered with terse replies like “stop calling us.” He reported calling a member of the Human Trafficking task force with the FBI every week for 6 months. None of his messages were returned.

They were referred to the Bernardo Kohler Center by a fellow survivor of human trafficking. We met with the victim and her husband. It was heart wrenching to hear her story but even more upsetting to see the letters and emails and hear about the numerous attempts to report her case. Upon reflecting her first visit at BKC Ana* reflected “it made me very afraid and it was painful, every time we sought help we kept thinking that it would be just like all the other times. After we spoke then they would either say they could not help of that they would never call back. I felt like I was in Mexico, because you want to report crimes but the people don’t care.”

The Bernardo Kohler Center (BKC) took her case. She had hand written a 168 page statement and had been told that it would cost $1500 to translate her story. Thanks to BKC volunteer translators we had it translated for free and within days. We provided both Spanish and English versions of her statement to the Investigators of the Texas Attorney General’s Office and again, no response for the victim. We needed a simple form signed that documented her reasonable efforts to report the case, which is one of the requirements for a T-visa. Many emails and calls were unanswered. When no response or signed form came, we documented the extensive efforts to report her case, and we decided to file without one. This case had illegal drug sales, public corruption, money laundering and many other crimes. It was a very brutal ring who was operating with impunity and most likely has others who are victims. A quick search of social sites showed that is was currently in operation in the jurisdictions where the victims attempted to report. Eventually we did make some progress with a law enforcement agent and are hopeful that this case will be investigated.

This victim bravely told her story and stands by it- but what if no one listens? How can a victim begin her life or even live in any type of freedom if she is not protected as the Trafficking VICTIMS Protection Act legislates. I am so happy that she was not detained- this would have added even more trauma to an already horrible series of experiences.

Soon after receiving her newly approved T-visa Ana said “Oh my God! I felt like someone finally would listen to me someone finally wanted to help me. With this, I can help more people because someone finally listened to me. I keep pushing myself to something good from this. I hope I can help others who no one will believe now with this T-visa I have a little power to help others. Now, I have something that I can show- I can show that there are some people who believe. I am going to speak out to help other victims to be heard.”

I hope that the Amnesty International Report will bring attention to human trafficking and other civil rights violations. I hope that when a victim of trafficking braves the barriers to escaping, speaking and surviving the hell on earth of modern slavery that all will listen and take protective action, not punishing action. I hope that in the year 2012 the United States will become safe for victims and hostile to traffickers. We have the laws to do so now all we need is to have the will.

I have worked in this field for close to 10 years and I have seen progress, but how long should someone stay in a burning building before receiving relief, how long should someone who is drowning hold their breath? And how long should someone who is exploited and enslaved in the United States wait for freedom and justice?

Dottie Laster


*Ana a pseudo name used to protect her and her family's identity

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