The reason for this is interesting, and you really wouldn't think about it unless you have the inside information. I defend many human trafficking sex crime-related offenses in the Orange County, California, area. California Penal Code 236.1 defines the crime of human trafficking.
Speaking to the prosecutors, one of the biggest reasons many cases are filed is the number of youth coming into that area because of Disneyland, and the prosecutors feel as though it's their job to protect the community and that area.
The Orange County Human Trafficking Task Force is a dedicated group of law enforcement professionals and community members working together to combat human trafficking in our area.
They've got task forces out there looking for individuals engaging in sex trafficking-related offenses. A lot of the crimes that I'm seeing prosecuted are internet-based. People are putting up different profiles and advertising various social media applications to sell sex, and selling sex is one thing.
The prosecutors will deal with those who do that. Still, once you get into the area of underage women being used to commit sex-related offenses, they start talking about human trafficking, which is an effective broad mean term.
Often, what's going on is not that serious or sinister. Still, it allows them to throw out a big net when they're investigating human trafficking-related offenses. It gives them a lot more leeway to prosecute and arrest different people. They get search warrants for social media accounts to surveil people—even wire-tap people if they think that will assist their investigation.
Human Sex Offenses are Aggressively Prosecuted
In today's political climate, prosecutors have ample resources and funds to aggressively investigate and prosecute sex crime-related offenses. As I write this post, Orange County, Santa Ana, is witnessing a record number of arrests related to human sex offenses, sex crime trafficking, and all associated offenses. This aggressive prosecution demands immediate action if you or a loved one are charged with these offenses.
So, if you or a loved one are charged with one of these offenses, you better get an attorney who knows what they're doing — who's handled these types of cases before. Because, again, they are prosecuted by a very harsh District Attorney's office has marching orders to stamp out these types of crimes, obviously to protect the victims of these types of offenses.
So, in doing so, they're doling out prison sentences like it's candy, and the judges, a lot of the time, are backing them because of the age of the victims, because of the allegations related to the offense, and just because of the political climate right now.
Sex-related offenses, specifically human trafficking in children, are on the rise, and those individuals who are charged a lot of times are already presumed guilty before one piece of evidence has been presented to anybody.
Understanding your defense options is crucial in these cases. Sometimes, the accused are guilty, sometimes they are not as guilty as the prosecutors claim, and sometimes they are wrongfully accused and prosecuted. The Orange County prosecutor must prove all the elements of the crime, depending on the specific charges. This knowledge can empower you in your legal battle.
See CALCRIM 1243 Jury Instructions for human trafficking cases and CALCRIM 1244 for causing a minor to engage in a commercial sex act.
Defenses for Human Trafficking Charges
When I get involved in these human sex trafficking-related offenses , I sit down with a client and delve into the details of their situation. We discuss what they did, what they didn't do, and what they're responsible for. From there, we can develop a defense strategy that best fits their case.
Because it's one thing to say that you're not guilty and move through the process and accept the case for trial. That's pretty easy, but it's another thing to say; okay, I did something I shouldn't have done, but what these guys are accusing me of and claiming what I did is not entirely true.
Part of my role is to show that there's more to the situation than what the prosecutors are claiming. This is what I would call 'damage control'-managing the narrative of the case to ensure a fair and reasonable outcome, taking into account your rights, freedom, reputation, and criminal record.
Once we gather all of that information and discuss it, we can develop a plan that makes sense for you moving forward and then start putting the pieces in place to resolve your case in the best possible manner.
