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Prosecuting Child Sex Trafficking Cases

Brooke Grona-Robb

April 15, 2020

This webinar is supported under Cooperative

Agreement number 2017-MC-FX-K003 from the

Office of Juvenile Justice and Delinquency

Prevention (OJJDP), U.S. Department of Justice.

Points of view or opinions expressed in this

document are those of the authors and do not

necessarily represent the official position or

policies of OJJDP or the U.S. Department of

Justice.

Webinar Information

AMBER Alert Training & Technical Assistance Program

MissionTo safely recover missing, endangered,or abducted children through the coordinated efforts of law enforcement, media, transportation, and other partners by using training and technology to enhance response capacities and capabilities and increase public participation.

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Certificate of Attendance

• Live Webinar = YES

• Recorded Webinar = NO

• What do I need to do?

- Attend the entire live webinar

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• A Certificate of Attendance will be emailed to you fromthe GoToWebcast system once you submit your survey

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Brooke Grona-RobbAttorney

Dallas, Texas

gronarob@fvtc.edu

Contact Information

General Inquiries –

info@ncjtc.org | www.ncjtc.org | (855) 866-2582

Learning Objectives

Assist prosecutors to understand how to work with law enforcement investigating cases involving trafficking

Discover how to prepare a successful case

Explain how you can present a case at trial

1

2

3

How are trafficking investigations different?

• Not traditional child abuse cases○ Outcry

– Situational

– None

○ Evidence available

○ Eye witnesses

○ Impending danger that CPS generally can’t solve

Photo by Marc-Olivier Jodoin on Unsplash

• Not traditional organized crime○ Victim-based offense

– But, uncooperative

– But, criminal engagement

○ Exigent situations

○ Victim-based services are needed– Recovery

– Medical

– Therapeutic

Photo by Marc-Olivier Jodoin on Unsplash

How are trafficking investigations different?

Investigative Decisions

What do I have?

What do I do?

Who is available for the 2 am decision?

Anticipated Response is needed

Photo by Hans-Peter Gauster on Unsplash

Photo by Atharva Tulsi on Unsplash

Call: NCMEC tip

Anticipated response:

• Locate

• Make date

• Date protocols

❑ Need to make case?

❑ Safety measures necessary

❑ Surveillance

❑ Takedown procedure

❑ Intervention team location and involvement

• Surveillance

Photo by Atharva Tulsi on Unsplash

Photo by Atharva Tulsi on Unsplash

• Interview

• Medical services

• One-party recorded conversation

• Stabilization services

• Arrest team

• Defendant’s interview

• Evidence capture

Call: NCMEC tip

Anticipated response:

Team Approach

Photo by Matteo Vistocco on Unsplash

• Define team members

• Care coordinator

• Advocate

• Law Enforcement

• Medical

• Juvenile

• CPS

• Prosecutor

Photo by Matteo Vistocco on Unsplash

• Define team roles

• “Yes, we can” approach

• Hold every member

accountable

• Evaluation

Team Approach

Photo by Tammy Gann on Unsplash

• Relationship-building

• Needs-based

• Survivor involvement

• Understanding of subculture

• Recognition of trauma

• Corroboration of abuse

Victim-focused

Corroboration

What Charges to Bring

Child Pornography

Compelling Prostitution

Aggravated Promotion of Prostitution

Engaging in Organized Crime

Solicitation of a Minor

Kidnapping

Sexual Assault

Harboring a Runaway

Human TraffickingPhoto by Brandon Lopez on Unsplash

Punishment range

Ease of proof

Victim benefits

Corroboration requirement for co-defendants

Sex offender registration

Consecutive sentences

Concurrent trials

Charging Decisions

Photo by Tim Swaan on Unsplash

• Culpability

• Victimization

• Evidence

• One victim, one trial

Considerations in Charging

Photo by Bill Oxford on Unsplash

What do you have to prove in sex trafficking?

Defendant

Child

Recruit, Harbor, Transport

Prostitution

Evaluate at time of charging

Evaluate at time of plea

Evaluate at time of trial

Photo by Cam Adams on Unsplash

Motion practice can force plea

Voir Dire

• Rapport

• Legal issues

• Consent

• Knowledge of child’s age

• Biases

• Teenagers

• Prostitution

• Questionnaire

• Lower expectationsPhoto by Renate Vanaga on Unsplash

Evidence in HT Cases

Victim’s testimony

Phone content: contacts, text messages, application content

One-party consent call

Advertisements

Phone records

Jail calls

Accomplice testimony

DNA

Medical Records

Hotel records Photo by La-Rel Easter on Unsplash

Victim Testimony

• Establish a relationship

• Be proactive—motion in limineand pre-trial hearings on extraneous bad acts

• Prepare her for the attack—generally she’ll know what’s coming better than you do

Photo by Nadine Shaabana on Unsplash

• Accept her as she is—You can’t change her for trial

• Provide her with basic resources as needed for trial—clothes, food, snacks

Victim Testimony

• Allow for emotion

- Ask for breaks if needed

• Change her focus to you and not the Defendant

• Get out her back-story

• Support her details with evidence

Photo by Nadine Shaabana on Unsplash

Corroborate on essential facts of

offense

OR

Corroborate on other matters to show she

is a truth-teller

Corroboration is Key to Successful Prosecution

Corroboration on Essential Facts

• One-party consent call

• Text messages

• Advertisements

• Buyers

• Social media

• Hotel records

• GPS location data

• Surveillance footage

• Phone records show contact between parties

• GPS shows traveling together

• Police reports or surveillance might show they were together at a location she described

• Records might show he used other names to rent hotel room

• His family might place them together

Corroboration on Other Matters

• She knows where he is from

• She knows his phone number

• She knows his family

• She can identify his car, house, phone, clothes

• She knows his history

Corroboration on Other Matters

Be Prepared for Anything

• She might not show up

• She might not take the witness stand

• She might make new disclosures

• She might lie to protect him

• She might lie to protect herself

• Mom might testify for your trafficker

• Courtroom dynamics

• Case never ends

Be Prepared for Anything

Brooke Grona-RobbAttorney

Dallas, Texas

gronarob@fvtc.edu

Contact Information

General Inquiries –

info@ncjtc.org | www.ncjtc.org | (855) 866-2582

REMINDERTo receive a certificate you must:

1.Attend the entire live webinar

2.Complete the evaluation

A Certificate of Attendance will be emailed to you from the GoToWebcast system once you submit your survey.

You will also receive an email in 2 weeks containing instructions on how to access the recording of this webinar.

Thank you for your participation!

This presentation was produced with grant funding awarded under the AMBER Alert Training and Technical Assistance Program provided by the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice.

Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse this presentation (including, without limitation, its content, technical infrastructure, policies, and any services or tools provided).

Additionally, points of view or opinions expressed are those of the presenter(s) and do not necessarily represent the official position or policies of the National Criminal Justice Training Center of Fox Valley Technical College.