Written by Heidi Chance, SME Sex Trafficking Trainer
Heidi Chance, a 25-year veteran of the Phoenix Police Department, dedicated her career to combatting sex trafficking, notably serving 13 years in the H.E.A.T (Human Exploitation and Trafficking) Unit.
As a detective who investigates sex trafficking cases, I have witnessed firsthand the immense challenges that law enforcement and prosecutors face in bringing traffickers to justice. Despite the tireless efforts of dedicated professionals, the successful prosecution of sex trafficking cases remains an uphill battle. In this article, I will outline the difficulties encountered in these cases, including the reluctance of victims to cooperate, the challenges of gathering concrete evidence, and the unfortunate rarity of successful prosecutions.
Victims' reluctance to cooperate
One of the most significant obstacles in prosecuting sex trafficking cases is the reluctance of victims to cooperate with law enforcement. Trafficking victims often suffer from severe psychological trauma, including fear, shame, and mistrust, which can make them hesitant to engage with authorities. Many victims fear retaliation from their traffickers, who may have threatened them or their loved ones with violence. This fear can be so overwhelming that victims remain silent rather than risk further harm.
“The threats are very real to victims, I have said many times that a pimp is the most reliable person you will ever meet.For example, if they say they are going to beat you up, they will beat you up. Victims feel that the retaliation will happen and so that plays a huge role in their reluctance to come forward and speak to law enforcement.” – Detective Chance
More about the victimology of a trafficking victim is explained in the online course “Power of Awareness'”, you can check it out by visiting here.
Moreover, traffickers often use psychological manipulation and coercion to maintain control over their victims. Victims may develop a form of trauma bonding or "Stockholm Syndrome," where they feel loyalty or even affection towards their trafficker despite the abuse they have endured. This complex emotional dynamic can lead victims to protect their trafficker or refuse to testify against them.
In some cases, victims may be undocumented immigrants who fear deportation or legal repercussions if they come forward. Additionally, societal stigma and shame associated with sex trafficking can further discourage victims from seeking help or cooperating with investigations. These factors create a significant barrier for law enforcement and prosecutors, who rely heavily on victim testimony to build their cases.
Challenges in gathering evidence
Beyond victim cooperation, gathering concrete evidence in sex trafficking cases is another formidable challenge. Traffickers are often skilled at concealing their activities, making it difficult for law enforcement to obtain the necessary evidence to support a prosecution. Unlike other crimes, such as robbery or assault, sex trafficking does not always leave behind clear physical evidence. Instead, investigators must rely on a combination of testimonies, digital evidence, financial records, and other circumstantial evidence to build their cases.
Digital evidence, such as text messages, social media communications, and online advertisements, can be crucial in proving trafficking activities. However, traffickers are increasingly using encrypted messaging apps and other sophisticated technologies to evade detection. This makes it challenging for law enforcement to access and interpret digital evidence.
Financial records can also provide valuable insights into trafficking operations, as traffickers often move large sums of money to fund their activities. However, uncovering and tracing these financial transactions requires significant resources and expertise. Additionally, traffickers may use complex laundering schemes to obscure the origins and destinations of their funds, further complicating the investigation.
Surveillance and undercover operations are other essential tools in gathering evidence, but they come with their own set of challenges. These operations require extensive planning, resources, and coordination, and there is always the risk of compromising the safety of both law enforcement personnel and victims.
Legal and systemic challenges
Even when law enforcement successfully gathers evidence and victims are willing to cooperate, the legal and systemic challenges of prosecuting sex trafficking cases remain significant. Prosecutors must navigate a complex legal landscape, where proving the elements of trafficking—such as force, fraud, or coercion—beyond a reasonable doubt can be exceptionally difficult.
“It is hard for a jury to wrap their heads around me testifying that the victim, who may have been freely walking down the side of the road, is a victim and was not free to leave.Therefore having informed juries who understand the dynamics of sex trafficking is crucial to the successful outcomes of these cases.” – Detective Chance
In many jurisdictions, the burden of proof for trafficking cases is high, requiring prosecutors to demonstrate that the victim was subjected to specific forms of exploitation. This often necessitates detailed and consistent victim testimony, which can be challenging given the trauma and fear victims may experience. Additionally, traffickers may use tactics such as threats or intimidation to dissuade victims from testifying or to undermine their credibility.
Furthermore, the criminal justice system is not always equipped to handle the unique needs of trafficking victims. Victims may require specialized support services, such as trauma-informed counseling, legal advocacy, and safe housing, to effectively participate in the prosecution process. Without these services, victims may become re-traumatized or disengage from the legal process altogether.
Rarity of successful prosecutions
Given these myriad challenges, it is unfortunately rare for sex trafficking cases to end in successful prosecution. Studies and reports consistently highlight the low rates of conviction for trafficking offenses. For example, a 2019 report by the Human Trafficking Institute found that in the United States, only a fraction of trafficking cases investigated by federal law enforcement agencies resulted in convictions.
The rarity of successful prosecutions is compounded by the fact that many trafficking cases are never even reported. Victims may not come forward due to fear, mistrust, or lack of awareness about their rights and available resources. As a result, many traffickers continue to operate with impunity, perpetuating the cycle of exploitation and abuse.
Despite these challenges, there are steps that can be taken to improve the prosecution of sex trafficking cases. Enhancing victim support services, such as providing trauma-informed care and legal advocacy, can help victims feel safe and empowered to participate in the legal process. Increasing resources and training for law enforcement and prosecutors can also improve the effectiveness of investigations and prosecutions. Additionally, fostering collaboration between law enforcement, community organizations, and advocacy groups can create a more comprehensive and coordinated response to trafficking.
As a detective who investigates sex trafficking cases, I have seen firsthand the immense challenges that law enforcement and prosecutors face in bringing traffickers to justice. However, by understanding these challenges and working collaboratively to address them, we can improve our efforts to combat sex trafficking and ensure that traffickers are held accountable for their crimes.
Visit achanceforawareness.com for more information about my online courses, other blog articles, and resources.
Heidi Chance, SME Sex Trafficking Trainer
Heidi Chance, a 25-year veteran of the Phoenix Police Department, dedicated her career to combatting sex trafficking, notably serving 13 years in the H.E.A.T (Human Exploitation and Trafficking) Unit. As an expert in forensic child interviews, abuse identification, online child protection, and undercover operations, she's a sought-after speaker, addressing law enforcement and many conferences. Heidi is featured in the PBS documentary "Sex Trafficking in America" and now uses her platform at Achanceforawareness.com to raise public awareness and provide training and consulting services to law enforcement, contributing to the fight against sex trafficking.
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