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Trafficking crimes tough to measure, harder to combat

lthough lawmakers and advocates have long agreed that Texas is a national center of human trafficking, they are still trying to figure out what to do about it.

Over the past year, a joint interim committee of the Texas Legislature organized by state Sen. Leticia Van de Putte, D-San Antonio, has been taking testimony around the state. On Tuesday, the committee will be in Houston, recognized as an epicenter of human trafficking due to its international airport and location on the I-10 corridor.

Trafficking is generally a federal crime, but last year a report issued by Texas Attorney General Greg Abbott noted that the state receives the largest number of sex trafficking hotline calls around the country, accounting for 12 percent of the national total. In response to the report, Gov. Rick Perry publicized and signed into law Senate Bill 24, which allows for judges to sentence a trafficker to up to 99 years in prison.

But human trafficking is a uniquely difficult crime to quantify, and that means it's tough to tell whether the harsher penalties are yielding any results, said Maria Trujillo, executive director of the Rescue and Restore Coalition in Houston.

"There isn't really a way to measure whether it deters people because it is such an underground crime," Trujillo said. "We don't even have a starting point in terms of the number of people involved. It's hard to find hard data."

The attorney general's report also addresses that issue, saying that collecting information about the crime "is still a significant challenge, because victims are difficult to identify, and until recently, there was not a standardized reporting system for human trafficking cases."

Advocate Dottie Laster, who runs her a consulting service on trafficking prevention, said that even though law enforcement seeks to follow federal guidelines that distinguish between prostitution and trafficking — which changes whether a person is perceived as a crime victim or as a perpetrator — they often get it wrong. Federal laws consider anyone under 18 a victim. The Texas Supreme Court agreed in a 2010 case, but Laster said that even in that instance, nobody ever went after the trafficker, a 36-year-old man who had sold a 13-year-old.

She said cases fall through the cracks, and that if local law enforcement chooses not to investigate or does not have the resources to do so, "there is not a push for punishment." 

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"What I see more often is victims getting arrested," she said. "They don't go after the trafficker."

Laster said federal efforts to investigate and prosecute trafficking have been obstructed by disagreements with U.S. Immigration and Customs Enforcement, which can invade a space looking for illegal immigrants before an investigation into trafficking can be done.

"I need to see a change in culture and attitude," Laster said, "to where we are hostile to this crime, not just apathetic to it."

Trujillo said that results, measurable or not, will only come after a concerted effort to educate judges and law enforcement. She said Tuesday's hearing will be about improving training.

"We would talk to a DA's office and they wouldn't know there are new tools, new punishments," she said. "Those laws will be more effective once they know they can use them."

TucsonSentinel.com's original reporting and curation of border and immigration news is generously supported in part by a grant from the Ethics and Excellence in Journalism Foundation.

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Todd Wiseman/Texas Tribune

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