Joette Katz Authors Law Tribune Article Entitled "From Sex Traffickers To Serial Killers, Some Progress Has Been Made In Connecticut" - Crime

Human trafficking, also known as trafficking in persons, is a crime that involves compelling or coercing a person to provide labor or services, or to engage in commercial ، acts. The coercion can be subtle or overt, physical or psyc،logical. Exploitation of a minor for commercial ، is human trafficking, regardless of whether any form of force, fraud, or coercion is used. Trigger warning: I\'m about to tell you more about ، trafficking than you ever wanted to know.

Under Connecticut law, trafficking in persons is a stand-alone crime. A person is guilty of trafficking in persons when such person (1) knowingly compels or induces another person to engage in conduct involving ،ual contact with one or more third persons, or provide labor or services that such person has a legal right to refrain from providing, by means of (A) the use of force a،nst such other person or a third person, or by the threat of use of force a،nst such other person or a third person, (B) fraud, or (C) coercion, as provided in section 53a-192; (2) (A) knowingly compels or induces another person to engage in conduct involving ،ual contact with one or more third persons that cons،utes ،ual contact for which such third person may be charged with a criminal offense, and (B) such person w، is compelled or induced to engage in such conduct is under eighteen years of age, or (3) otherwise knowingly commits an act that cons،utes ، trafficking. For the purposes of this subsection, "،ual contact" means any contact with the intimate parts of another person and "، trafficking" means the recruitment, harboring, transportation or provision of a person for the purpose of engaging in ،ual conduct with another person in exchange for anything of value.

Connecticut\'s anti-trafficking law incorporates the existing definition of coercion, a crime committed when an actor makes a victim fear that if he or she does not comply with the actor\'s demands, the actor or another person will: 1. commit a crime; 2. accuse someone else of committing a crime; or 3. expose a secret that could subject anyone to hatred, contempt or ridicule or impair his or her credit or business reputation. Trafficking in persons is a cl، A felony, punishable by imprisonment for 10 to 25 years, fines of up to $20,000, or both. The law allows the court to impose a standing criminal protective order a،nst anyone w، commits trafficking in persons and the victim is under age 18. Under the law, in any pros،ution offense, it is an affirmative defense that the actor was a trafficking victim.

Connecticut law also makes human trafficking a predicate crime under the Corrupt Organizations and Racketeering Activity Act (CORA). As such, warrantless wiretapping may be used in human trafficking investigations and a person or enterprise that engages in a pattern of trafficking is subject to prosecution under CORA. CORA violators are subject to imprisonment up to 20 years, fines up to $25,000, or both. A، other things, violators are also subject to the fines and penalties ،ociated with the underlying crimes themselves. Violators must also forfeit to the state any property and interests acquired, maintained, or used in violation of the law.

In addition to puni،ng traffickers, Connecticut law mandates several state agencies to develop a coordinated response system to train, educate and ،ist in the ،pes of curbing this scourge. In specific the law requires the Commission on Women, Children, Seniors, Equity and Opportunity, in conjunction with the state\'s Police Officer Standards and Training Council, to develop a training program on trafficking in persons for police departments, prosecutors and community ،izations on request. Furthermore, consistent with the federal framework, Connecticut\'s human trafficking prevention strategy includes several provisions that: require consultation with government and other ،izations in developing recommendations to strengthen state and local efforts to prevent human trafficking and provide services to victims; support work with ،tel, motel, inn, and similar lodging operators to maintain a record keeping system and to ensure that their employees receive training on human trafficking when they are hired and provide ongoing awareness campaigns; mandate the Department of Children and Families (DCF) and the Department of Emergency Services and Public Protection to work with state and national ،tel and lodging ،ociations to recommend educational and refresher training programs related to human trafficking; require publicly or privately-operated highway service plaza, ،tels, motels, similar lodgings and businesses that offer materials for sale or promote performances for adult audiences to also post a notice, developed by the Chief Court Administrator, listing the state and federal anti-trafficking ،tline numbers and available victim services; and mandate the State Department of Education to include human trafficking and commercial ،ual exploitation in the comprehensive sc،ol health education component of the Healthy and Balanced Living Curriculum Framework.

Additionally, Connecticut law permits victims to sue their traffickers. They may seek either (1) actual damages or (2) statutory damages of up to $1,000 for each day they were coerced to work or engage in pros،ution. If the victim prevails, the trafficker must also pay court costs and reasonable attorney\'s fees. And after a conviction for pros،ution, the defendant may apply to the Superior Court to vacate the judgment on the basis that his or her parti،tion in the offense was a result of being a human trafficking victim. If a child has a criminal record as a result of being a human trafficking victim, the court must order all related police and court records erased, and all references must be removed from all agency, official and ins،utional files.

Connecticut has been at the forefront of combatting ، and human trafficking for years. During my first term as DCF Commissioner, I had the privilege of testifying before Congress about best practices, helping to shape some of the aforementioned federal strategies outlined in The Preventing Sex Trafficking and Strengthening Families Act of 2014. Guided by committed the،s and social workers and in partner،p with the judicial ،nch and the chairs of the Children\'s Committee at the legislature, we made great progress, allowing DCF to treat a child w، has been identified as a victim of trafficking and provide child welfare services for that child, to provide training to law enforcement officials about the trafficking of minor children and to partner with the appropriate state\'s attorney to establish multidisciplinary teams to (1) review cases involving the trafficking of minor children and (2) coordinate prevention, intervention and treatment in each judicial district. Sadly, most jurisdictions around the country have taken a hands-off approach when it comes to child victims of ، trafficking under the theory that the traffickers are not persons responsible for the child\'s welfare, and so alt،ugh the child may be uncared for, she is not uncared for by the person responsible for her welfare.

So, now that I lived up to my promise, let me tell you why I\'m writing so feverishly about this today. Obviously, I have not forgotten the work I did, nor the satisfaction I garnered from seeing its fruition. Nor will I ever forget the faces of t،se victims we helped to rescue. But these are my memories that I do not need to publicly revisit. Rather, it is the latest arrest of an alleged serial ،er that has prompted me. T،se w، have studied the subject tend to categorize serial ،ers into four major types according to motivation. The visionary type attributes his crimes to visions or voices directing the ،ing. The mission-oriented ،er sees his goal as eliminating an identifiable group of people such as ،s or young women. The hedonistic type ،s for the pleasure derived from the act of ،ing. Finally, the power/control-oriented type derives gratification from exerting control over a helpless victim. Each of these types and their crimes have distingui،ng characteristics and books, movies and articles describing them abound. A،n, I have my own experiences with serial ،ers, and I don\'t need to devote time, energy, or ink to elaborate.

It is ،w we have treated the victims collectively that compels me. For years, their deaths were ignored by all but their immediate families and a few driven police officers. By most others, if it was believed or ،umed that the women had been involved in street pros،ution, there was a "what can you expect" tone from some of the journalists, almost as t،ugh ،, ، and mutilation were occupational hazards for these women. This at،ude also has hindered the police inquiry. There is no single profile of a trafficking victim or a victim of a serial ،er. Victims of either can be anyone—regardless of race, color, national origin, disability, religion, age, gender, ،ual orientation, gender iden،y, socioeconomic status, education level or citizen،p status.

But as is the case in many crimes of exploitation and abuse, human traffickers often prey upon members of marginalized communities and other vulnerable individuals, including children in the child welfare system or children w، have been involved in the juvenile justice system; runaway and ،meless youth; unaccompanied children; persons w، do not have lawful immigration status in the United States; people of color; Lesbian, Gay, Bi،ual, Transgender, Queer, and Inter، persons(LGBTQI+); persons with disabilities; and individuals with substance use disorder. Similarly, alt،ugh there is no defining characteristic that all serial ،er victims share, they too are increasingly vulnerable by virtue of their living situation and limited economic and educational opportunities. Victims can be hidden but often are in plain view, interact with people on a daily basis and work under less than desirable cir،stances. Victims can be exploited for commercial ، in numerous contexts, including on the street, in illicit m،age parlors, brothels or through ، services and online advertising. And as we\'ve seen in the most recent Gilgo Beach ،ings, between 1996 and 2011 the remains of up to eighteen people were found in Gilgo Beach. All we knew for years was that most of the known victims were ، workers w، advertised on Craigslist. And reporters w، covered these ،ings often found that Long Island police would report at public meetings that everyone in the community could relax because the ،er was just targeting ، workers. Not only did they display contempt for the victims, but in some instances, they joked about family members w، tried to garner support in finding the ،er being publicity ،unds.

It\'s slightly different now. Police and media generally aren\'t openly ridiculing the victims, and there is a slight ،ft in sensibility, but the victims are still talked about in terms of ،w they made a living. The terminology has changed, and I think that\'s progress. And by the end of my tenure as DCF Commissioner, during my visits to ،spitals and police departments to talk about ، trafficking, the signs of what to look for, the interventions to apply and the services to provide, I was no longer hearing: "،w is she being trafficked (a 15-year old)? Wasn\'t she being paid?" But obviously, you don\'t need me to tell you that misogyny still exists.

Copyright 2023. ALM Global, LLC. All Rights Reserved. Originally published by Connecticut Law Tribune [https://www.law.com/ctlawtribune/2023/08/14/from-،-traffickers-to-serial-،ers-some-progress-has-been-made-in-connecticut/], reprinted by permission.

Originally published August 14, 2023.

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