Upload
others
View
2
Download
0
Embed Size (px)
Citation preview
Important Webinar Information
Text to join NCJTC email list
Text NCJTC to 22828
You will receive an email
You can update preferences
Prosecuting Child Sex Trafficking Cases
Brooke Grona-Robb
April 15, 2020
This webinar is supported under Cooperative
Agreement number 2017-MC-FX-K003 from the
Office of Juvenile Justice and Delinquency
Prevention (OJJDP), U.S. Department of Justice.
Points of view or opinions expressed in this
document are those of the authors and do not
necessarily represent the official position or
policies of OJJDP or the U.S. Department of
Justice.
Webinar Information
AMBER Alert Training & Technical Assistance Program
MissionTo safely recover missing, endangered,or abducted children through the coordinated efforts of law enforcement, media, transportation, and other partners by using training and technology to enhance response capacities and capabilities and increase public participation.
During the Webinar
• All attendees will be muted.
• Have a question? Use the question/message box.
• Questions and comments are not seen by other attendees.
• Questions will be answered by a panelist or posed to the presenter (time permitting).
Post Webinar Information
• At the end of the webinar, a short survey will appear in a separate web browser window.
• Pop-up blocker must be turned “off.”
• You will receive an email within two (2) weeks with instructions on how to access our webinar library, the recording of this webinar, additional webinars and self-paced courses.
Certificate of Attendance
• Live Webinar = YES
• Recorded Webinar = NO
• What do I need to do?
- Attend the entire live webinar
- Complete the survey
• A Certificate of Attendance will be emailed to you fromthe GoToWebcast system once you submit your survey
• Attending as a group? Email names to [email protected]
Poll QuestionsPoll questions may be asked during the webinar.
This is your time to weigh in with your thoughts.
Please respond promptly; polls are open for a short period of time.
Brooke Grona-RobbAttorney
Dallas, Texas
Contact Information
General Inquiries –
[email protected] | www.ncjtc.org | (855) 866-2582
Learning Objectives
Assist prosecutors to understand how to work with law enforcement investigating cases involving trafficking
Discover how to prepare a successful case
Explain how you can present a case at trial
1
2
3
How are trafficking investigations different?
• Not traditional child abuse cases○ Outcry
– Situational
– None
○ Evidence available
○ Eye witnesses
○ Impending danger that CPS generally can’t solve
Photo by Marc-Olivier Jodoin on Unsplash
• Not traditional organized crime○ Victim-based offense
– But, uncooperative
– But, criminal engagement
○ Exigent situations
○ Victim-based services are needed– Recovery
– Medical
– Therapeutic
Photo by Marc-Olivier Jodoin on Unsplash
How are trafficking investigations different?
Investigative Decisions
What do I have?
What do I do?
Who is available for the 2 am decision?
Anticipated Response is needed
Photo by Hans-Peter Gauster on Unsplash
Photo by Atharva Tulsi on Unsplash
Call: NCMEC tip
Anticipated response:
• Locate
• Make date
• Date protocols
❑ Need to make case?
❑ Safety measures necessary
❑ Surveillance
❑ Takedown procedure
❑ Intervention team location and involvement
• Surveillance
Photo by Atharva Tulsi on Unsplash
Photo by Atharva Tulsi on Unsplash
• Interview
• Medical services
• One-party recorded conversation
• Stabilization services
• Arrest team
• Defendant’s interview
• Evidence capture
Call: NCMEC tip
Anticipated response:
Team Approach
Photo by Matteo Vistocco on Unsplash
• Define team members
• Care coordinator
• Advocate
• Law Enforcement
• Medical
• Juvenile
• CPS
• Prosecutor
Photo by Matteo Vistocco on Unsplash
• Define team roles
• “Yes, we can” approach
• Hold every member
accountable
• Evaluation
Team Approach
Photo by Tammy Gann on Unsplash
• Relationship-building
• Needs-based
• Survivor involvement
• Understanding of subculture
• Recognition of trauma
• Corroboration of abuse
Victim-focused
Corroboration
What Charges to Bring
Child Pornography
Compelling Prostitution
Aggravated Promotion of Prostitution
Engaging in Organized Crime
Solicitation of a Minor
Kidnapping
Sexual Assault
Harboring a Runaway
Human TraffickingPhoto by Brandon Lopez on Unsplash
Punishment range
Ease of proof
Victim benefits
Corroboration requirement for co-defendants
Sex offender registration
Consecutive sentences
Concurrent trials
Charging Decisions
Photo by Tim Swaan on Unsplash
• Culpability
• Victimization
• Evidence
• One victim, one trial
Considerations in Charging
Photo by Bill Oxford on Unsplash
What do you have to prove in sex trafficking?
Defendant
Child
Recruit, Harbor, Transport
Prostitution
Evaluate at time of charging
Evaluate at time of plea
Evaluate at time of trial
Photo by Cam Adams on Unsplash
Motion practice can force plea
Voir Dire
• Rapport
• Legal issues
• Consent
• Knowledge of child’s age
• Biases
• Teenagers
• Prostitution
• Questionnaire
• Lower expectationsPhoto by Renate Vanaga on Unsplash
Evidence in HT Cases
Victim’s testimony
Phone content: contacts, text messages, application content
One-party consent call
Advertisements
Phone records
Jail calls
Accomplice testimony
DNA
Medical Records
Hotel records Photo by La-Rel Easter on Unsplash
Victim Testimony
• Establish a relationship
• Be proactive—motion in limineand pre-trial hearings on extraneous bad acts
• Prepare her for the attack—generally she’ll know what’s coming better than you do
Photo by Nadine Shaabana on Unsplash
• Accept her as she is—You can’t change her for trial
• Provide her with basic resources as needed for trial—clothes, food, snacks
Victim Testimony
• Allow for emotion
- Ask for breaks if needed
• Change her focus to you and not the Defendant
• Get out her back-story
• Support her details with evidence
Photo by Nadine Shaabana on Unsplash
Corroborate on essential facts of
offense
OR
Corroborate on other matters to show she
is a truth-teller
Corroboration is Key to Successful Prosecution
Corroboration on Essential Facts
• One-party consent call
• Text messages
• Advertisements
• Buyers
• Social media
• Hotel records
• GPS location data
• Surveillance footage
• Phone records show contact between parties
• GPS shows traveling together
• Police reports or surveillance might show they were together at a location she described
• Records might show he used other names to rent hotel room
• His family might place them together
Corroboration on Other Matters
• She knows where he is from
• She knows his phone number
• She knows his family
• She can identify his car, house, phone, clothes
• She knows his history
Corroboration on Other Matters
Be Prepared for Anything
• She might not show up
• She might not take the witness stand
• She might make new disclosures
• She might lie to protect him
• She might lie to protect herself
• Mom might testify for your trafficker
• Courtroom dynamics
• Case never ends
Be Prepared for Anything
Brooke Grona-RobbAttorney
Dallas, Texas
Contact Information
General Inquiries –
[email protected] | www.ncjtc.org | (855) 866-2582
REMINDERTo receive a certificate you must:
1.Attend the entire live webinar
2.Complete the evaluation
A Certificate of Attendance will be emailed to you from the GoToWebcast system once you submit your survey.
You will also receive an email in 2 weeks containing instructions on how to access the recording of this webinar.
Thank you for your participation!
This presentation was produced with grant funding awarded under the AMBER Alert Training and Technical Assistance Program provided by the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice.
Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse this presentation (including, without limitation, its content, technical infrastructure, policies, and any services or tools provided).
Additionally, points of view or opinions expressed are those of the presenter(s) and do not necessarily represent the official position or policies of the National Criminal Justice Training Center of Fox Valley Technical College.