Intersection of Trafficking and the Criminal Justice System: Understanding Experiences, Challenges, and Policies that Protect from Criminalization Through the Lens of the Human Trafficking Framework
Arduizur Carli Richie-Zavaleta, DrPH, MASP, MAIPS (she/her); Valerie Nguyen, MPH (she/her) & Kate Burba (she/her) | September 23 | 3:15-4:15 pm EDT
Topic: Research, Legal | Knowledge Level: Beginner
Human trafficking (HT) is both a public health concern and a violation of victims’ human rights. Human beings are forced and coerced into exploitation through both sex and labor trafficking. Survivors of HT are frequently treated as offenders within the criminal justice system, despite the fact that their criminalized behaviors often result directly from their exploitation. This analysis examines the intersection of survivors of HT and their involvement in the criminal justice system, including its negative impacts on survivors’ mental health outcomes and the barriers they face to reintegration. Additionally, the study reviews policies designed to support survivors within the societal reintegration process. The analysis draws on 13 peer-reviewed studies focused on the United States, 8 reports, and 19 additional governmental and nongovernmental sources and examines the policy landscape at multiple levels. A human rights framework guides both the analysis and the recommendations for future practices. Findings highlight the lack of trauma-informed practices, limited training and awareness among law enforcement and prosecutors, and cultural norms and practices embedded in institutional practices places blame on victims and contribute to further retraumatization, particularly for women survivors who enter the justice system. Moreover, the results emphasize the absence of comprehensive legal protections for survivors with criminal records resulting from their victimization and a lack of standardized procedures for survivor identification. Some key recommendations include strengthening legal protections for survivors during and after involvement in the carceral system and expanding training for legal professionals and service providers to improve identification of survivors through survivor-centered, trauma-informed approaches.
Presentation Objectives:
• Provide a comprehensive overview of the intersection of human trafficking and the criminal justice system through a public health and human rights lens, identifying systemic gaps and opportunities for policy change
• Identify how survivors’ criminalized behaviors are often direct results of experiences within the carceral system and exploitation