Alameda County DA's Office: Crusade to Rescue Youth, Prosecute Pimps (Series Part 5) | Oakland Local

Published on Thursday, May 06, 2010
Last updated on 05:40PM, Friday, May 14, 2010

Alameda County Deputy District Attorney Sharmin Eshraghi Bock at the California State Capitol

By Barabara Grady and Sarah Terry-Cobo

This is Part 5 of an eight-part, four-day Oakland Local investigative series on youth sex trafficking.

In Alameda County, Deputy District Attorney Sharmin Eshraghi Bock has been on a hard-fought campaign to change California law.

Together with state Assemblyman Sandre Swanson (D-Oakland), Bock has crafted laws that switch the criminalization in prostitution to the pimps and johns and away from girls. They successfully drafted and pushed through law AB 499, which recognizes that youth who are traded are victims in this crime who deserve services. They also drafted, introduced and ushered into law AB 17, which toughened the sentencing of and restitution required from convicted pimps.

However, the biggest challenge is convicting the pimps. It's difficult for police even to have grounds to arrest them...

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Complete series index | Take action!


California's human trafficking law AB 236.1 requires that law enforcement show that a suspect used force or coercion against a minor to prove trafficking took place. Other states' laws are similar.

This aspect of the law fails to recognize the dynamics of the commercial sex slave trade, many experts say.

Usually, a pimp convinces his recruit that he is her boyfriend, Bock says.

"A young girl experiencing her first love, she doesn't get that she's being exploited or victimized," she said. "Many children and women become trafficking victims simply because they don't know what love is and they're looking for love in all the wrong places."

"What is force or coercion?" she continued. "She's going out to dinner with him. Sure he raped her, but later they were friends."

"Look at Jaycee Dugard. It is not a mystery; she bonded with her captors. It is called the Stockholm Syndrome."

...You know it's hard out here in California to arrest a pimp...

Pimps who do get arrested and charged with trafficking a minor know the law is on their side. They know, according to investigator Jim Saleda, of the Oakland Police Department's Child Exploitation and Vice Unit, and deputy DA Bock, that a girl is unlikely to testify voluntarily in court against her pimp. It's doubly unlikely she will say he forced or coerced her into action.

"It is really hard to get one of these girls to turn on her pimp. They are afraid they'll be beat up," said Saleda.

"We've had some girls dumped," he said, shaking his head. "As in murdered and dumped."

Bock splits her time between the courtroom in Oakland, the statehouse in Sacramento, and flying around the country educating public servants. But while the arduous process of changing laws remains unfinished, she refuses to sit around waiting.

Instead -- using charges of kidnapping, rape or assault -- the Human Exploitation and Trafficking (HEAT) unit she leads at the DA's office has brought 148 pimps to court over the past four years and won 110 felony convictions.

Working with Saleda and Lt. Kevin Wiley, head of the Oakland Police Department's vice and child exploitation unit, the three build cases from the arrest through conviction and sentencing.

Fixing Broken State Laws

State prosecutors fighting the scourge of human trafficking of children won a victory on April 13, 2010: The General Assembly's public safety committee voted unanimously to pass a bill out to the floor that would remove some of the obstacles to prosecuting traffickers.

California Assembly Bill 2319 amends the state's human trafficking law (AB 236.1) so that, to prove trafficking, prosecutors no longer must show that a suspected trafficker used force, fraud or coercion to violate the liberty of a child.

In these cases, prosecutors say this requirement constitutes unrealistic proof -- since most pimps are deceptive and emotionally manipulate youths into becoming commercial sex slaves. Force often is not necessary because children do not realize pimps are manipulating them.

"Minors, as many of our laws recognize, are more vulnerable and gullible than adults," Bock told the Public Safety Committee. Children, she noted, often become enamored with their captors.

San Francisco District Attorney Kamala Harris, while testifying in support of AB 2319 before the Public Safety Committee, said, "It is crucial that California update the law" to reflect the realities of child trafficking.

"There is a dangerous gap that exists in the law as it stands -- and that gap makes it more difficult for prosecutors to prosecute the law against traffickers of children," Harris added. "As prosecutors, we should not have to prove that traffickers used force, fraud or coercion. Just the fact that the victim of human trafficking is a child should be enough legally to establish that that level of crime occurred."

"Commercial sexual exploitation of minors is the most hidden form of child abuse in our country. It is our fastest growing epidemic," Bock told the committee.

Bay Area district attorneys' offices are not the only agencies leading the fight for tougher penalties. A concerned citizen group, California Against Slavery, is collecting signatures to help make the Golden State's trafficking laws the strictest in the nation. Activist Daphne Phung was inspired by an MSNBC documentary about a human trafficking case in Detroit -- and quickly learned that laws here are also lax. She's building momentum by educating students and the public about this issue.

This group's network of volunteers, students and activists has criscrossed California in an attempt to gather the 600,000 signatures needed to put their voter initiative on the ballot. Unable to reach the goal before the March 31 deadline, the group is working to put the issue on the 2012 state ballot.

Calling on citizens to help

Alameda County District Attorney Nancy O'Malley and her deputies decided to take wider action -- and not just depend on a changed law to fight youth trafficking.

This spring, they launched HEAT Watch: a five-part plan to ramp up action against youth trafficking. The group is asking local citizens to participate.

HEAT Watch is partly modeled after the neighborhood watch program: If you see youth who appear to be on the street and exploited for prostitution, call the HEAT Watch 24-hour hotline: 510-208-4959.

Through HEAT Watch, local law enforcement agencies are collaborating more with agencies in other jurisdictions, "because human trafficking knows no borders," O'Malley said. Also, traffickers often move captives from state to state.

In fact, a commercial sex trade circuit exists that includes Las Vegas, Los Angeles and other places like Atlanta, Ga., New York and Hawaii.

It's important to educate law enforcement, policy makers and the general public about the true nature of the commercial sex trade -- and how youths are lured or kidnapped into it, O'Malley said. Her office is reaching out to local businesses in neighborhoods where prostitution happens, asking them to watch for exploited youths and to alert authorities, she said.

HEAT Watch offers sexually exploited youth an array of services that not only comfort them after trauma, but help them escape the bondage of pimps and street life. Alameda County is setting up a diversion program to help victims find support and help to turn their lives around after being commercially sexually exploited.


NEXT in this series: Part 6, Rescuing trafficked youth: Building a house for kids with no home...

COMPLETE SERIES INDEX: Youth Trafficking in Oakland


This story was produced under a fellowship sponsored by the G.W. Williams Center for Independent Journalism, a project of Tides Center.

We also would like to thank Robert Rosenthal and California Watch for their support -- as well as our reporters Barbara Grady and Sarah Terry-Cobo, and photographer Alison Yin -- for their amazing work.

Support more independent quality reporting like this! Please donate to Oakland Local on Spot.us. We are seeking additional support for continued coverage.

About Barbara Grady
Barbara Grady's picture
Barbara Grady, a freelance reporter, researched and wrote this story with the support of a fellowship from the G.W. Williams Center for Independent Journalism. Before her current stint of writing about social issues for various news and non-profit organizations, Barbara was on staff at the Oakland Tribune and, earlier, at Reuters News Agency. She received a national Society of Professional Journalists 'excellence in journalism' award for a series published in 2008.

Alameda County DA's Office: Crusade to Rescue Youth, Prosecute Pimps (Series Part 5) | Oakland Local

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Alameda County DA unveils anti-human trafficking effort | Oakland Local

Emilie Raguso Tue, 2 Mar at 12:13am

From the DA's office Monday...

Alameda County District Attorney Nancy E. O’Malley announces the unveiling of H.E.A.T. Watch, the Alameda County District Attorney’s Office’s model program to combat Human Exploitation and Trafficking (H.E.A.T.)

H.E.A.T. Watch is an innovative blueprint to combat the H.E.A.T. epidemic victimizing our youth, plaguing our communities, and impacting our businesses. H.E.A.T. Watch brings together under one umbrella five strategies to combat H.E.A.T. at local, regional, and national levels, because human trafficking knows no borders and exists right before our very eyes. H.E.A.T. Watch challenges everyone to open their eyes and ears, to WATCH and take ACTION.

“Our H.E.A.T. Watch blueprint will guide other communities in their effort to combat
exploitation taking place in their neighborhoods. This is more than geographic
regionalization; this must be an organization of community partners cooperating for one common goal. We extend an invitation to our surrounding counties to participate in H.E.A.T. Watch, and join our local, regional and national efforts to combat human trafficking,” says O’Malley.

The five components of H.E.A.T. Watch are:

1. Education and Engagement of Local Businesses and Communities
Based upon the neighborhood watch model, H.E.A.T. Watch educates and engages local businesses, communities, schools, and faith based organizations to be the eyes and ears of their neighborhoods. Just as Neighborhood Watch keep streets safe and prevents neighbors from becoming victims of crime, H.E.A.T. Watch challenges our businesses and communities to open their collective eyes and ears to keep our children and our streets safe. Raising community awareness about the H.E.A.T. epidemic, dispelling myths and misconceptions that perpetuate the problem, and teaching individuals to recognize and report exploitation, are critical building blocks to a successful effort.

“We are educating and engaging businesses and communities to keep their eyes and ears open and tell us what they see on the street every day – in essence they are our Neighborhood Watch for human trafficking,” says O’Malley. “Sadly, many victims of human trafficking are children. It’s important to recognize that these children are all of our children, and they can be rescued when someone opens their eyes, pays attention, and takes action.”

O’Malley has created an anonymous tip line – (510) 208-4959 – and an email address
HEATWatch-DA@acgov.org - for reporting suspected child commercial sexual
exploitation and human trafficking. Requests for anonymity will be honored.

“Give us the details and we will do the rest,” says O’Malley.

2. Enforcement Training, Intelligence Sharing, and Coordinated Operations
H.E.A.T. Watch promotes the education of law enforcement and facilitation of a
coordinated H.E.A.T. response. The Alameda County District Attorney’s Office H.E.A.T. Unit will continue its leadership role of providing training, education, and sensitization of local, regional and national law enforcement. H.E.A.T. Watch facilitates interagency sharing of information as well as coordination of enforcement operations.

In the fight to combat trafficking in Alameda County, Deputy District Attorney Sharmin Bock, head of the District Attorney’s Office H.E.A.T. Unit, works closely with the Oakland Police Department, Sheriff’s Department, Fremont Police Department, BART, and other local, state, and federal law enforcement partners. Bock provides hands on training and case-by-case assistance with complex cases and also multi-jurisdictional cases crossing city, county, and state lines. As a nationally recognized human trafficking expert, Bock trains and advises state and federal law enforcement agencies across the country and Hawaii. Her guidance resulted in the first ever closure of a massage parlor on the island of Oahu.

In the summer of 2010, the Alameda District Attorney’s Office, in conjunction with the Oakland Police Department, will provide its 2nd National Conference to Combat H.E.A.T. The conference will provide intensive training with a practical focus for law enforcement, lawyers and advocates countrywide.

“I am proud of the leadership role my Office has taken in the state and country in training law enforcement at both state and federal levels; I continue to be committed to this important endeavor,” says O’Malley.

Bock is a conference coordinator. Parties interested in participating should contact her at 510-272-6222.

3. Vigorous Prosecution of Offenders
Vigorous prosecution of those who financially benefit from the trafficking enterprise, and ensuring that traffickers receive the maximum sentence supported by the facts and law, is a key component of H.E.A.T. Watch.

District Attorney Nancy O’Malley formed the H.E.A.T. Unit in 2005 prior to the passage of Penal Code Section 236.1, California’s Human Trafficking Statute. It is believed Bock was the first to file charges under Penal Code section 236.1. In January 2010, Bock requested imposition of the first human trafficking fine under AB 17, which was signed by the Governor on 10/11/09. The H.E.A.T. Unit also prosecutes traffickers under traditional pimping and pandering, sexual assault, kidnapping and burglary laws, which in some instances carry a life sentence.

The net of human trafficking is cast broadly; those who solicit children under the age of 14 for sex, those who lure children into the commercial sex trade, and those who aid in the exploitation, are all prosecuted as traffickers. Enforcers, who act as security guards and conspire to exploit victims for financial gain, are also charged as felons and traffickers.

HEAT Stats 1/1/06 (since passage of Penal Code section 236.1) – 1/11/2010
These stats do not differentiate between child and adult victims, though the majority of H.E.A.T. victims are minors and US citizens, who have been domestically trafficked. These statistics also do not include juveniles who have been arrested for trafficking in their capacity as pimp, bottom girl, or enforcer. The stats only track adult traffickers who have been charged with violating Penal Code Sections 236.1, 266h, 266i, 266j, and 209(a) where the purpose of the kidnap is the use of the female body for financial gain.

1/1/2006 – 1/11/2010 Defendants Cases
Charged 148 123
Convicted 109
Pending 10
Probation Violation 11
Parole Violation 1
Forfeiture Proceedings 3
Dismissed 11 (includes 2 recharged cases)
Acquitted 1
Outstanding Warrant 1
Deferred to Federal Prosecution 1

Recognizing that children who are exploited and trafficked are victims of child abuse, and not criminals, is another key component of H.E.A.T. Watch prosecution efforts.

“Referring to these children as commercially sexually exploited youth, as opposed to
prostitutes, acknowledges their victimization and instead shifts responsibility where it rightfully belongs – to the pimps, buyers and facilitators - the traffickers who facilitate and engage in sex with children,” says Bock.

In Alameda County, these young girls are directed away from criminal prosecution and directed to specialized services through a diversion program run by the District Attorney’s Office and created by AB 499, legislation which passed as a result of the effective partnership between Assembly Member Swanson (Oakland) and O’Malley’s Office.

“For four years we have been fighting to shatter the perception of children as prostitutes and criminals undeserving of protection. These young people are victims of child abuse. We are committed to continue our ongoing efforts to educate the community, prosecute the offenders, and rescue these girls,” says O’Malley.

4. Engage and Enlist Policy Makers, Legislators & Community Decision Makers
Elected officials, as well as key decision makers, must be educated about the true nature and dynamic of child commercial sexual exploitation. In order to pass legislation and policy that is necessary to end human trafficking, H.E.A.T. Watch challenges all leaders to open their eyes and ears to the reality of the problem, which is growing faster than the laws used to contain the problem. After arming leaders with facts rather than fiction, H.E.A.T. Watch enlists their help to create laws in every state across the Nation to end the epidemic violating our youth.

Legislative changes are key. The Alameda County District Attorney’s Office continues to be a national leader in the enactment and implementation of laws, and the education of lawmakers. The Alameda County District Attorneys Office filed the first human trafficking case under section 236.1, which focuses on prosecuting traffickers. The Alameda County District Attorney’s Office drafted and sponsored AB 499, which recognizes victimization and provides resources to break the hold of traffickers. The Alameda County District Attorney’s Office sponsored AB 17, which hits traffickers in the pocketbook: increasing fines up to $20,000 and forfeiting assets. Fifty percent of these funds will be directed to support services for sexually exploited minors. Assembly Member Swanson carried both Assembly Bills 499 and 17. Assembly Member Swanson and Bock are currently fighting in Sacramento for the passage of AB 559 to clarify California’s human trafficking law. Bock has worked with legislators in Georgia and Hawaii to develop effective legislation to combat trafficking.

“Because human trafficking knows no borders, I am committed to sharing the expertise of the Alameda County District Attorney’s Office in order to get the job done and end this least recognized form of child abuse in our country,” says O’Malley.

5. Wrap Around Services and Housing to Meet Specialized Needs of Victims
H.E.A.T. Watch recognizes that the commercial sexual exploitation of minors is child
abuse and modern day slavery whether or not force is used. “Because coercion eludes the coerced, many children do not even realize they are victims of exploitation,” explains Bock. Sexually exploited children must be supported at every stage in the investigation and prosecution of these cases.

H.E.A.T. Watch provides specialized, wrap around services, designed to meet the unique needs of sexually exploited minors. The Alameda County District Attorney’s Office supports victims of exploitation, who are often hard to locate or too fearful to cooperate. It can be said that the Stockholm syndrome, where victims identify with their captors, is in full force and effect with this vulnerable population.

The Alameda County District Attorney’s Office is a leader in creating strong support
systems, such as the SPA (Safe Place Alternative), the SEM (Sexually Exploited Minor) Network, the District Attorney’s Office H.E.A.T. Victim Witness Advocacy Program, and SEMRISE (Sexually Exploited Minors Reclaiming Innocence and Stemming the Epidemic). Services are provided from point of first contact, on the street or at the SPA, and continue through the court process and beyond. Efforts are currently underway to create and fund a regional Safe House.

“One of the greatest challenges of prosecuting a trafficking case is making sure the victim is on the train when the train pulls into the courtroom. Without the victim’s participation in the prosecution, we don’t have a case. As a result of the specialized services and programs Nancy O’Malley created, our H.E.A.T. victims in Alameda County feel supported, less vulnerable, and better able to face their exploiters in court. It takes a village to prosecute a trafficker and rescue a victim – that’s our goal and thanks to O’Malley’s visionary leadership, in collaboration with our partners, the H.E.A.T. Unit is getting the job done,” says Bock.

About Emilie Raguso
Emilie Raguso's picture

Emilie Raguso is a multimedia reporter in Oakland who focuses on issues of criminal justice, food and Oakland culture. She is passionate about social media, documentary photography and sustainable living. Her work has appeared on Salon and NPR, as well as in The Modesto Bee, Greater Good magazine and the East Bay Express. Write her at eraguso@gmail.com, follow her on Twitter (@emraguso) and see more of her work at http://raguso.us.

* Emilie Raguso's blog

Alameda County DA unveils anti-human trafficking effort | Oakland Local

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