28 Aug 2012
As difficult as some people may find it to believe, trafficking in human beings exists in this country, and if the allegations reported in a recent article are true, it’s happening right here in Austin.
According to the report, three people have been charged with operating a human trafficking ring after Round Rock police were contacted by two women who were being treated at the hospital for injuries. They advised the police that they had been kidnapped in Houston, and were then driven to Austin. The women say they were drugged during the ride. Two other women were subsequently discovered in a room where they had been kept. Police were told that the four women had been taken to various areas in the country and forced to work as prostitutes. The women ranged from 18 to 25 years of age.
The arrests of those charged in the ring took place in downtown Austin. The defendants allegedly threatened to kill the women and their children if they did not comply. Police say all four women were kept in rooms at a hotel near the Capitol.
According to investigators, this is the first time human trafficking charges have been filed in Austin. The investigation is ongoing, however, as there is a question as to whether the Austin charges can be linked to a nationwide human trafficking ring.
What Is Human Trafficking?
Human trafficking is an offense under section 20A.02(a) of the Texas Penal Code. That section prohibits trafficking in human beings in a number of circumstances, including forced prostitution. It provides as follows:
“A person commits an offense if the person knowingly:
(1) traffics another person with the intent that the trafficked person engage in forced labor or services;
(2) receives a benefit from participating in a venture that involves an activity described by Subdivision (1), including by receiving labor or services the person knows are forced labor or services;
(3) traffics another person and, through force, fraud, or coercion, causes the trafficked person to engage in conduct prohibited by:
(A) Section 43.02 (Prostitution);
(B) Section 43.03 (Promotion of Prostitution);
(C) Section 43.04 (Aggravated Promotion of Prostitution); or
(D) Section 43.05 (Compelling Prostitution);
(4) receives a benefit from participating in a venture that involves an activity described by Subdivision (3) or engages in sexual conduct with a person trafficked in the manner described in Subdivision (3);
(5) traffics a child with the intent that the trafficked child engage in forced labor or services;
(6) receives a benefit from participating in a venture that involves an activity described by Subdivision (5), including by receiving labor or services the person knows are forced labor or services;
(7) traffics a child and by any means causes the trafficked child to engage in, or become the victim of, conduct prohibited by:
(A) Section 21.02 (Continuous Sexual Abuse of Young Child or Children);
(B) Section 21.11 (Indecency with a Child);
(C) Section 22.011 (Sexual Assault);
(D) Section 22.021 (Aggravated Sexual Assault);
(E) Section 43.02 (Prostitution);
(F) Section 43.03 (Promotion of Prostitution);
(G) Section 43.04 (Aggravated Promotion of Prostitution);
(H) Section 43.05 (Compelling Prostitution);
(I) Section 43.25 (Sexual Performance by a Child);
(J) Section 43.251 (Employment Harmful to Children); or
(K) Section 43.26 (Possession or Promotion of Child Pornography); or
(8) receives a benefit from participating in a venture that involves an activity described by Subdivision (7) or engages in sexual conduct with a child trafficked in the manner described in Subdivision (7).
Several features of the law against human trafficking should be noted:
- Although the statute centers on prostitution, it also includes forced labor (including sweat shops and domestic servitude), as well as sexual offenses relating to children.
- In order to be convicted, you do not have to be involved in the kidnapping of a person or even forcing a person to engage in prostitution. The law covers anyone who knowingly benefits from the venture.
- Human trafficking is a second degree felony, unless (a) it involves children (sections 5, 6, 7 and 8), or (b) results in the death of the person trafficked, in which case it is a first degree felony.
- In addition, under section 20A.03 of the Penal Code, if the defendant engages two or more times in conduct which violates the human trafficking statute for a period of 30 days or more, the crime is also a first degree felony, punishable by up to life in prison.
We’ll have to wait to see what happens with the continuing investigation involving the four women in Austin, and with the case against the three individuals charged in the case. In the meantime, we note that the United Nations estimates that between 700,000 and 4 million women and children are trafficked worldwide annually, and that nearly every country has some involvement with the problem.
Law Office of David D. White, PLLC
1205 Rio Grande Street
Austin, TX 78701
(512) 369-3737