Delaware To Tackle Human Trafficking

Filed in Delaware, National by on April 20, 2014

Make no mistake. Delaware needs to tackle human trafficking. According to activists, Delaware ranks near the bottom when it comes to addressing the issue of, let’s not mince words, slavery.

Which, IMHO, is why, as ‘Lazy Reader’ pointed out (major tip of the ‘Bulo sombrero), that Delaware has had this sudden proliferation of Asian massage ‘spas’. Within the past year, New Jersey has enacted perhaps the most comprehensive statute in the country. The Pennsylvania legislature is likely to pass a comprehensive bill by the end of the current legislative session, and already has a stronger statute than Delaware. As to Delaware, while it comes relatively late in the session, there should be no reason why SB 197(Blevins) doesn’t get enacted into law by the end of June.  I think that one of the elements driving the increased spa proliferation in Delaware is, in fact, likely the stronger statutes enacted elsewhere. Delaware offers a soft underbelly for those with no conscience.

Just to give you an idea of the extent of the sprouting of these spas, My Friend At Work (huge sombrero tip to her), who is deeply involved in this issue, suggested a website that pretty much lays it out there. While I will not give the website any undeserving traffic, it promotes, both under ‘escorts’ and ‘body rubs’, many of these spas. Generalized locations include Philly Pike in Claymont,  Shoppes of Camelot in Rehoboth, Market Street in Wilmington, Foulk Road in Brandywine Hundred, State Street in Dover, Naamans Road in Brandywine Hundred, N. Broad Street in Middletown,  Silverside Road in Brandywine Hundred, N. DuPont Hwy. in Dover, Chestnut Hill Plaza in Newark, S. Maryland Ave. in Wilmington, Pulaski Highway in Bear, and Jenmar Plaza in Newark.  These ads reflect just one day on this site. Most of the ads feature young Asian women in scanty attire. The sexually suggestive references are unmistakable. Some sites specifically mention Korean and Chinese women. While it’s possible that no prostitution takes place at these establishments, and that none of the women are coerced, the ads clearly imply that you will leave totally satisfied. Also, to assume that none of the women are/were coerced, one would have to assume that young Asian women in our area spontaneously decided en masse that they wanted to become scantily-clad masseuses, and that they wanted their pictures to appear on a sketchy website. BTW, many of these ads mention that their particular spas are ‘under new management’, meaning, I think, that the women and their bosses move around real quickly. Make no mistake, these are sophisticated operators, and they trade in fear.

Bear in mind that sex trafficking is just one form of human trafficking. When it comes to people from other countries, the MO is pretty similar. People are lured with the promise of a good job in the United States. They then have their visas taken by their handlers, who threaten them with deportation and often abuse them. Labor trafficking is also prevalent. Remember the nail salon boom of about a decade ago? While many were legit, some often used forced labor and/or were fronts for prostitution. People dealing in humans are also, in many cases, involved in illegal arms smuggling. Here is a brilliant series in four parts that will give you all the background you need:

http://wwe.wgbh.org/897/sex_and_labor_trafficking_in_new_england_part_one.cfm

http://wwe.wgbh.org/897/sex_and_labor_trafficking_in_new_england_part_two.cfm

http://wwe.wgbh.org/897/sex_and_labor_trafficking_in_new_england_part_3.cfm

http://wwe.wgbh.org/897/sex_and_labor_trafficking_in_new_england_part4.cfm

While this series specifically references the Boston area, the strategies employed by the traffickers is basically universal. I think you’ll agree that what these victims are forced to endure is utterly inhumane.

Let’s now talk the law. According to  Polaris Project, the leading legislative advocacy organization on behalf of battling human trafficking, Delaware ranks among the 7 least effective states in combating trafficking. Of the 12 categories that the Polaris Project identifies as key protections, Delaware has only enacted four into law, and really, it’s more like 3.5. This is must-reading for anyone interested in the issue. Check out the state-by-state charts, in particular. You’ll see that Delaware needs to do more.

Of the 12 categories identified by Polaris (all descriptions come from Polaris, my comments in parentheses), Delaware has the following:

1. SEX TRAFFICKING:A statute that criminalizes sex trafficking and includes  elements of inducing another through force, fraud, or coercion to engage in a commercial sex act. Some states have related laws in the prostitution code and were given credit if they had the same criminal elements.

2. LABOR TRAFFICKING: A statute that creates the crime of labor trafficking or trafficking in persons, in which a person is compelled through force, fraud, or coercion into providing labor or services.

3. LOWER BURDEN OF PROOF FOR SEX TRAFFICKING OF MINORS: A statute that ensures that the elements of force, fraud, or coercion are not required for a trafficker to be prosecuted for the sex trafficking of a minor.

4. ASSET FORFEITURE FOR HUMAN TRAFFICKING: A statute that provides for the forfeiture of assets used in the course of the crime or acquired with proceeds from the crime of human trafficking. (Unfortunately, Delaware really only deserves a half a point at best here. Although Delaware has, according to Polaris, authorized investigative tools to address this, the state does not have an asset forfeiture statute.)

Here’s what Delaware doesn’t have, keeping in mind that New Jersey now has every tool in the toolbox that Polaris recommends:

1. INVESTIGATIVE TOOLS FOR LAW ENFORCEMENT: A statute that amends existing Racketeering (RICO) statutes to include the crime of human trafficking or authorizes the use of wiretapping by law enforcement in human trafficking investigations.

2. TRAINING FOR LAW ENFORCEMENT: A statute that mandates or encourages law enforcement to be trained in human trafficking issues and the law.

3. HUMAN TRAFFICKING COMMISSION OR TASK FORCE: A statute that creates, establishes, or encourages a task force,commission or advisory committee dedicated to addressing human trafficking. (Bear in mind here that this is not one of those useless task forces we’re so used to seeing in Delaware. These are sophisticated criminals, and a multi-jurisdictional approach is essential to effectively shut them down and/or bring them to justice.)

4. POSTING A HUMAN TRAFFICKING HOTLINE: A statute that mandates or encourages the public posting of a human trafficking hotline, such as the National Human Trafficking Resource Center hotline or a state human trafficking hotline.

5. SAFE HARBOR–PROTECTING SEXUALLY EXPLOITED MINORS: A statute that recognizes sexually exploited individuals under 18 as victims of a crime in need of protection and services by granting immunity from prosecution or diverting minors from juvenile delinquency proceedings, and instead directing them to child welfare services.

6. VICTIM ASSISTANCE: A statute that provides assistance, mandates the creation of a victim services plan, or funds programs to help victims of human trafficking. Victim services and protection may include counseling, job assistance, housing, continuing education, legal services, and/or a human trafficking caseworker privilege.

7. ACCESS TO CIVIL DAMAGES: A statute that provides victims of human trafficking with the ability to seek civil damages from their traffickers.

8. VACATING CONVICTIONS FOR SEX TRAFFICKING VICTIMS: A statute that permits victims to have convictions for prostitution that were committed as a result of being trafficked vacated from their criminal records.

OK, let’s now look at SB 197 and see what it addresses. It provides that …the Court shall order forfeiture of real or personal property used in or derived from human trafficking activities. That strengthens #4 for which Delaware only deserves partial credit. Very important.

It requires mandatory victim restitution and enables victims to receive civil damages. That addresses #7 and goes even further. So far, I’m really liking this bill…

The bill makes provisions to vacate convictions for sex trafficking victims. #8!

The bill diverts juveniles to the Department of Services of Children Youth and Their Families, and directs that they be considered ‘abused and neglected’ children. #5 down! The bill also provides for creation of plans for many victims, which would make them eligible for the types of services addressed in #6.

The bill creates a Human Trafficking Coordinating Council. Lotsa key people working together here, and they have a lot of responsibility. #3 addressed!

The bill requires that public awareness signs be posted at locations all over the state. The hotline # must be part of the sign. In addition to normal sign locations, signs also must be posted at adult entertainment establishments and ‘…entities found to be maintaining a criminal nuisance involving prostitution under Section 7104 of Title 10 of the Delaware Code’. That properly addresses #4.

The provision on training is a little less clear. According to the bill, the coordinating council shall ‘coordinate training on human trafficking prevention and victim services for state and local employees who may have recurring contact with victims or perpetrators’. That seems pretty close to #2 above.

So, unless I’ve misinterpreted something, the only element of the Polaris list that does not appear to be addressed by this bill is:

1. INVESTIGATIVE TOOLS FOR LAW ENFORCEMENT: A statute that amends existing Racketeering (RICO) statutes to include the crime of human trafficking or authorizes the use of wiretapping by law enforcement in human trafficking investigations.”

I’ll leave it to the bill’s supporters to let us know if that is addressed or, as is quite possible, is already a tool for law enforcement here.

Well. I originally started this article b/c I had been informed that Delaware was lagging behind on this issue. I made sure that there was nothing coming up by checking the bill tracking at Legislative Council, only to discover that this bill had been introduced on April 10. I think it’s a great bill and should be passed before the General Assembly goes home. Delaware will immediately go from having one of the least effective statutes to one of the most effective statutes in the entire country.

As often as I disparage what legislators do and don’t do, this is legislating at its best. And, whether it is/was the AG, his designee, or whomever who may have worked with the key parties, all involved deserve gratitude for not only fighting the scourge of human trafficking, but for intently focusing on the victims.

Now go pass the damned thing!!

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  1. A new week. At least three more Asian spas pop up. Camden (DE), King Street in Wilmington, and Garden of Eden Road in Brandywine Hundred.

    Just in case anyone in law enforcement is interested.

  2. Lazy Reader says:

    Thank you El Som. Having seen one open up in a house near where I live, I was curious as to how all these places popped up again like weeds. Some years ago, Delaware had passed a comprehensive set of massage regulation laws, and these were used to shut down the places that were operating on route 202, route 13 and a couple of other clusters. All of them were closed over a period of about three or four months.

    Now, the downside is that the regulations were too restrictive of legitimate massage operations, and I understood from a physical therapist acquaintance of mine that Delaware was a difficult place to do business. The solution appears to have been to stop regulating massage at all.

    “While it’s possible that no prostitution takes place at these establishments”

    Oh, there are also online ‘review’ sites which describe in some detail, using acronyms such as “FS” for “full service” and “ST” for “soft touch”, just what goes on in these establishments.

    You’ll also see mention of “new girls” in those ads, as the houses shuttle them around various locations.

  3. This bill is really good, I’m telling you. The breadth of the bill is essential b/c we’re not dealing with locals here when it comes to the Asian spas. This is organized crime, emphasis on organized.

    However, there is sadly sex trafficking where one’s family prostitutes them out, there are the pimps who threaten and intimidate and mentally and physically abuse victims.

    The General Assembly can and, I think, will take a huge step to sharply diminish these inhumane practices.

  4. Aoine says:

    Be nice if training was MANDATED for law enforcement…..seeing as they will tell you they have neither training or resources for this type of thing…..and where will we get the money, and cops just tag and release when it comes to prostitution coz proving trafficking is FAR too complex and difficult and yadda yadda yadda,

    There had been an anti- trafficking law on the books since 2006, thank you Sen. Dori Connor……and how many prosecutions/ arrests/ convictions under this statute?…. Anyone? How many? Ummmmmmmmm…..geeee……..

    Nice law, looks good, nice reading and the resources that will be given to it if not mandated? Ever the optimist tho, this might be a changing point. Maybe.

    And gee whiz, new lights for cars and a new boat to go watch the polar bear plungers or the fireworks in Dewey is WAY WAY more important than some Asian chicks giving massages……

    Coz nothing bad ever happens in these places……

    http://philadelphia.cbslocal.com/2014/03/21/del-man-arrested-after-frightening-incident-at-massage-parlor/

    “Police say Hudson then left the business as well in a car and began following the women, who phoned a friend in New York who was able to call 9-1-1 and report the incident.
    Due to a language barrier, a male friend is said to have translated what was happening to police, who eventually located the victims in the parking lot of a Wawa near Dartmouth Drive in Lewes.”

    So exactly just HOW does one get a massage license in Delaware if one does not speak English? And the only ‘friend’ one has to call is in NEW YORK?

    Hello ……..? Is Law enforcement paying attention? Or is this a job for Captain Obvious?

  5. As I said, the people behind these spas are essentially organized crime. International organized crime. There is a reason why the same people are often involved in illegal arms smuggling. It’s not as simple as an undercover cop going in there for a massage. As I said, we’re not dealing with rubes here. These are some scary people.

    I think that the proliferation of these spas, and it’s unbelievable, is b/c other states have ramped up their game, and forced this type of activity out of surrounding states. That’s what this bill would do.

    It’s clear to me that whoever put this bill together worked very closely with those involved in developing best practices in combating human trafficking. I’m not easily impressed, and I’m impressed.

    I also believe that this bill is one of the best of its kind in addressing the victims of human trafficking. I’m easily disappointed, as everyone here knows, but I love this bill. It will make a whole lot of difference. I guarantee you that there will be next to no ‘Asian spas’ in Delaware a year from now.

  6. Aoine says:

    Actually, statistically, they are more likely involved in drug smuggling than arms dealing.

    This Bill WILL stop the proliferation of ” massage parlors” but only if it’s enforced. We can have good bills until the cows come home , but your own analysis says the same thing I did……it needs to be enforced and training done.

    The Bill is good, as it’s the Uniform Act on Trafficking, also introduced by other states, it’s designed to be good. I agree, I agree, I agree

    But- I will reserve judgement until I see the enforcement end of it come to fruition – multi- layered and multi- jurisdictional investigations like this are very complicated.
    And where are the victims services components? How many specially trained trafficking centers do we have in Delaware that are culturally specific, especially when it comes to Asians, Middle Eastern, and/or Latino trafficking victims? Or serving underage prostitutes? According to the FBI, There are NONE.

    I’m not a pie in the sky as you seem to be……there is many layers to this and as long as ALL components come together and more than a wink and a nod is given to good legislation – that being training and execution for law enforcement as well as money and training for specialized victims services, then we will have a win.

    It’s not just about stopping Massage parlors, they will only take their girls and go elsewhere…..but getting those responsible behind bars, but getting those enslaved out of the life and into a safe place so that they can HAVE a life, a real one.

  7. Joy says:

    The legislation is a great first step! It opens the door! It allows prosecutors to have something solid to sink their teeth into when they do come across a survivor who is willing to testify. Also, one of the most helpful (small but big) things that this offers is the mandatory posting of the Polaris poster with hotline number in hotspot locations (hotels/motels, gas stations, truck stops, bars, adult clubs, restaurants, etc.). These posters are available on dozens of languages and are a good conversation starter with folks working “on the front line” I.e hotel managers and employees, cashiers and waitresses, etc.. It is a good way to offer these people training and information on the signs and red flags to look for that indicate human trafficking. We have started doing these hotel blitzes in Pennsylvania. Every step forward gives hope to one more person who is trapped today. Vote! Call! Write! Get this thing passed and move us up a tier!

  8. DLeedomN2500 says:

    Driving this plague away is going to take lots of cooperation between police agencies and it will take coordination of the Board of Professional Regulation and the Department of Justice. DOJ is geared up; they will have new legislation and they have a Deputy who is dedicated (although overworked) to prosecuting trafficking cases. The Delaware State Police and local agencies NEED training NOW before the legislation is passed. And, it is available through the Feds….if they request it. So far, most of DSP arrests have been SUMMONS for prostitution as opposed to hard warrants and full set of prints. A good database is crucial for tracking arrestees to see if they are arrested again in the same or other jurisdictions. It could be helpful in establishing evidence for trafficking and finding the principals. Hopefully, arresting agencies obtained search warrants pursuant to the arrests and have seized cell phones, books and records, cash, computers, and any other evidence of possible trafficking or prostitution or racketeering (because Delaware ALREADY has all those statutes in place, we just never make any arrest under them).

    It is also important for the regulating agency, Massage Board, to tighten up the existing rules and regulations. The Polaris Project has great model regulations and they encourage states to copy and tweak for their own purposes. Presently, these rules are so weak that Delaware is a haven for these prostitution fronts.

    Twenty years ago, Delaware suffered from a proliferation of adult book stores and prostitutes who openly wandered the 13 and 40 corridor. At the time, DSP Troop 2 on Rt. 13, had a special unit to investigate. Capt. Ray Hancock headed that unit and he was successful in paring the numbers down substantially. For anyone who is familiar with the issues, the book stores were operating adult live peep shows, and it was suspected that organized crime was operating the stores and hiding proceeds through the use of tokens. This campaign also required pooling of resources, sharing information, and coordination between police and regulatory agencies. The Adult Entertainment Commission also assisted by enforcing their regulations and zoning regulations were enacted that really inhibited new stores from opening.

    Bottom line, we need to get ready to enforce the new legislation and as another commentor mentioned, get victim services in place.

  9. SB 197 is scheduled for consideration in the Senate Judiciary Committee meeting Wed., April 30. Committee chair Sen. Margaret Rose Henry is one of the bill’s co-sponsors. As are committee members Sen. Blevins, who is the prime sponsor, and Sen. Townsend. If your State Senator is either Sen. Harris McDowell, Sen. Gary Simpson or Sen. Greg Lavelle, you might want to let them know that you’d appreciate their support. Again, friendly and polite. I doubt that anyone will oppose this bill, but supporters should let their voices be heard to help make sure.