Ending Human Trafficking

221 – Keys to Successful Prosecution


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 Dr. Sandie Morgan and Dave Stachowiak discuss prosecution with Juliet Oliver, Deputy District Attorney Human Exploitation & Trafficking Unit Orange County District Attorney’s Office. Juliet has specialized in the prosecution of cases involving pimping, pandering, and human trafficking of both adults and minors. They discuss trading sex for survival, protocols for child sexual assault, and a couple of cases that Juliet prosecuted.

Key Points

  • Pimping is the act of receiving the proceeds, in some fashion, that is made from the prostitution activity of a victim.
  • Pandering relates specifically to the acts of trying to induce or persuade another individual to engage in prostitution activity. They do not have to have the intent to collect money from the prostitution activity.
  • In order to have prosecution for victims of survivor sex, especially for minors, there must be a pimp or trafficker responsible for the behavior in order to look at in a trafficking context.
  • Because human trafficking can present itself very differently and potentially not raise many red flags, it’s important to educate the population, especially those that are in hospital settings and local law enforcement, on the signs of a potential victim.
  • Resources

    • 169 – Dr. Jodi Quas: Communicating with Child Victims
    • Calhoun Article
    • Jefferson Article
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      Transcript

      Dave [00:00:00] You’re listening to the Ending Human Trafficking podcast. This is Episode 221 – Keys to Successful Prosecution.

      Production Credits [00:00:08] Produced by Innovate Learning, Maximizing Human Potential.

      Dave [00:00:29] Welcome to the Ending Human Trafficking Podcast. My name is Dave Stachowiak.

      Sandie [00:00:34] And my name is Sandie Morgan.

      Dave [00:00:36] And this is the show where we empower you to study the issues, be a voice, and make a difference in ending human trafficking. Sandie, we talk often about partnerships and of course, one of the wonderful partnerships that we have in, so many of the conversations we have is with law enforcement and with the legal side of government. And today, I’m, so glad that we’re going to be able to learn even more about successful prosecution. I’m glad to welcome to today’s show Juliet Oliver. She has been a deputy district attorney for the Orange County District Attorney’s Office since November 2008. Since becoming a deputy D.A., she has prosecuted a wide variety of juvenile and adult cases from driving under the influence to attempted murder. In March 2016, she was selected to join the Human Exploitation and Trafficking Unit, known as the HEAT Unit. She was a member of that unit until March 2020. There, Juliet specialized in the prosecution of cases involving pimping, pandering, and human trafficking of both adults and minors. Juliet has presented on the topic of human trafficking to many different audiences and is trained on the topic of the investigation and prosecution of human trafficking cases to law enforcement and other agencies locally and across the state. Juliet, we’re, so glad to have you on the show with us.

      Juliet [00:01:56] Thank you, so much. I’m delighted to be on your show. Thank you, so much for having me.

      Sandie [00:02:01] Well, we are going to dig right in, Juliet, because I have lots of questions. And I often have people who bring their questions to me and say, can you find out, blah, blah, blah. And, so to have somebody with your expertise here is a real gift. So, thank you for carving time out to record this podcast with us.

      Juliet [00:02:23] It’s absolutely my pleasure.

      Sandie [00:02:24] And I love that women are represented on the HEAT unit in our district attorney’s office. And we’re recording this in March 2020 and its Women’s History Month. So, I think that what you’re doing really is making history, and I just want to commend you. And when people start talking to me and I’m not that legal person, I know a lot about human trafficking. So, I sometimes flounder to find ways to answer their questions. One of the questions people often ask is, so what’s the difference between pimping and pandering? So, I thought I should ask you that and get it recorded.

      Juliet [00:03:08] Excellent. OK. Yes. So, the difference between pimping and pandering, really the pimping is the act of receiving the proceeds, in some fashion, that are made from the prostitution activity of a victim. So, the pimps need not actually have any particularized intent to encourage the victim to engage in any type of prostitution activity. But let’s say an individual engages in prostitution activity and turns over any portion of the proceeds therefrom to another individual. And that individual knows that those are in fact, proceeds from prostitution activity. That individual is guilty of pimping. And, so it need not be actual monetary proceeds, it can be proceeds in the form of the cost of a hotel room for the night. It could be clothing and shoes, things that the victim might purchase for the individual who might be, you know, who we would identify as the person charged with pimping. So, I usually describe pimping as the individual, the defendant, the suspect can really take a sideline approach to somebody engaging in prostitution activity. If he or she is engaging in the activity, turning over that money or like I said, any other thing of value, to another person that is guilty of pimping.

      Juliet [00:04:39] As it relates to pandering, however, no money has to be involved whatsoever. Nothing of value has involved whatsoever. It is the act, now, the actions specifically of the pimp or the trafficker trying to induce or persuade another individual to in fact, engage in prostitution activity. And, so there’s various different theories of liability that we as prosecutors can use when we go down the pandering path. And one of the most common ones is that a person procures another person for the purposes of prostitution. So, someone who I like to talk about it facilitates someone’s acts of prostitution. So, something we see commonly might be the pimp driving one of his victims to a local track to engage in a prostitution activity, that would be a form of pandering. Or the pimp takes his victims to various different hotels and is the one renting that particular hotel room and is paying for the hotel to enable his victim to specifically engage in the prostitution activities, that would be a form of pandering.

      Sandie [00:05:51] What about if they do that online?

      Juliet [00:05:54] Exactly. Many forms of pandering we see online, especially now with, of course, the rise in social media. And because prostitution activity, unfortunately, is very rampant online, pandering can include ...

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