Current investigator practices and beliefs on interviewing trafficked minors.

Abstract

Despite significant increases in attention during the past 2 decades to the problem of sex trafficking, especially of minors, little is known about how investigators identify, engage, and ultimately question suspected victims. Here we address this gap by surveying investigators in the United States about their interactions with and beliefs about minor trafficking victims. Local, state, and federal law enforcement investigators and related legal professionals (N = 148) completed an online questionnaire about their current practices and challenges they face when identifying and interviewing suspected minor victims of trafficking; their knowledge surrounding youth, sex trafficking, and interviewing; and factors believed to be important to the successful prosecution of traffickers. Common indicators of sex trafficking reported by respondents included the victim's background and behavior during an interview and physical corroboration. Frequent challenges included the minor's previous interactions with authorities and their relationship to the trafficker. Finally, victim disclosure and corroborating physical evidence were believed to be most important for successful prosecution. Results have policy and training implications regarding methods of improving identification and prosecution of traffickers.

Successful Criminal Prosecutions of Sex Trafficking and Sexual Abuse of Minors: A Comparative Analysis

“…In such a case, the trafficker engages in sexual activity with youth while also exploiting them in exchange for earnings or material goods. Research on trafficking prosecutions has primarily surveyed professionals about their perceptions of victims and perceived challenges to prosecution (e.g., Brewer et al, 1997; Dianiska et al, 2023) or analyzed aggregate state or federal case-level criminal filings or outcome data (e.g., Farrell et al, 2016; Smith et al, 2009). These lines of inquiry, while valuable, do not provide insight into what trafficking cases actually look like in terms of their common characteristics or into whether trafficking case characteristics diverge from those in cases involving other sex crimes against minors, most notably child sexual abuse (CSA).…”

“…Youth may be evasive and hostile when questioned by law enforcement officers, failing to believe that such professionals are there to help or protect the youth (Henderson et al, 2021). This hostility may reduce the officers’ provision of support during an interview and increase their use of interrogative practices to obtain information (Dianiska et al, 2023), both of which are associated with decreases in disclosure completeness in victims and suspects (Meissner et al, 2012; Saywitz et al, 2019). In addition, law enforcement and other professionals may not believe claims made by youth who appear complicit with the sexual activities, who behave in a hostile manner, or who have a history of delinquency (Luna et al, 2023; Winks et al, 2023).…”

“…A few studies have examined criminal cases involving trafficking (e.g., Dianiska et al, 2023; Farrell et al, 2016; Smith et al, 2009), focusing on the type of evidence considered important to prosecutors and on the perceived importance of victims’ cooperativeness, testimony, and participation. Perhaps unsurprisingly, electronic and physical evidence (e.g., digital downloads, social media) are weighed very heavily by law enforcement when asked what types of evidence are most important to collect (Dianiska et al, 2023), and by prosecutors when deciding whether to file criminal charges (Farrell et al, 2016). These types of physical evidence, which may be perceived of as more objective than eyewitness or victim testimony, can be used to show control, payment, or coercion.…”

“…In addition to prosecutors weighing physical evidence very heavily in their decision-making about moving forward with a case, they also seriously consider victims’ disclosures, cooperativeness, and availability to testify (Dianiska et al, 2023; Farrell et al, 2016; Reid, 2013; Smith et al, 2009). Prosecutors, for instance, express concerns that victims who believe that they are in a romantic relationship with their trafficker will be uncooperative and may fail to appear for court (Farrell et al, 2012).…”

“…Cooperative victims may answer questions completely and disclose their experiences openly (Katz et al, 2021), whereas uncooperative victims may be evasive, unhelpful, or even hostile when asked about the abuse or sexual activities (Lindholm & Cederborg, 2016). Both cooperative and uncooperative responses have been documented in analyses of trafficking victims’ statements in forensic interviews and trials (Henderson et al, 2021; Nogalska et al, 2021), and law enforcement officers see evasiveness as one of their biggest challenges when interviewing trafficked minors (Dianiska et al, 2023). Prosecutors similarly cite a lack of victim cooperation as their biggest barrier to trafficking case prosecution (Farrell et al, 2016).…”