CRIM 1400 Lecture Notes - Lecture 21: New Laws
New Laws but Few Cases
● Findings
○ Institutional challenges
■ Lack of specialization
■ Lack of training and tools
■ Lack of victim services
■ Attitudinal challenges
■ Necessity of victim testimony
■ Negative attitude toward human trafficking victims and the challenge of
victim credibility
○ Victim statements often unreliable
● From offender to victim?
○ Federal, state, and local law enforcement face ongoing challenges in vic
identification
○ Reluctant to identify victims when they have participated in criminal activity
○ Facilitated own smuggling
● Safe harbor laws
○ Ensuring that trafficking victims are recognized and treated as victims
■ Protecting minors who are involved in commercial sex from being
prosecuted for prostitution
○ What about adults?
Non-Punishment Principle
● ...in Europe
○ Protecting victims of human trafficking who have committed crimes as a
consequence of their trafficked situation
○ Will allow victims to testify in court without fear of reprisal
○ Includes protection from immigration related offenses
● Mehak Case
○ One person brought from India to Netherlands in order to work
○ Work as domestic servant
○ 2004 Mehak the toddler joined
○ Beat Mehak to get the devil out of him
○ But beatings were done by Santosh who was forced to do so
find more resources at oneclass.com
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Document Summary
Negative attitude toward human trafficking victims and the challenge of victim credibility. Federal, state, and local law enforcement face ongoing challenges in vic identification. Reluctant to identify victims when they have participated in criminal activity. One person brought from india to netherlands in order to work. Beat mehak to get the devil out of him. But beatings were done by santosh who was forced to do so. Ensuring that trafficking victims are recognized and treated as victims. Protecting minors who are involved in commercial sex from being prosecuted for prostitution. Protecting victims of human trafficking who have committed crimes as a consequence of their trafficked situation. Will allow victims to testify in court without fear of reprisal.