Laws cracking down on human trafficking are on the books in all 50 states, but convictions are notoriously elusive, and state prosecutors haven't come close to matching the success their federal counterparts have had in winning cases.
States need to add resources into support trafficking victims, educate the public and train law enforcement if the numbers of prosecutions and convictions are to improve, officials and experts say. In at least a dozen states, attorneys general are not even authorized to pursue human trafficking charges.
Records requested from all 50 states by The Associated Press indicate a low conviction rate since Washington became the first state to enact a human trafficking law in 2003. A previous study suggested a 45% conviction rate through roughly the first decade of the laws.
FILE - In this Feb. 19, 2019, file photo, a sign is posted outside of Orchids of Asia Day Spa in Jupiter, Fla., one of several spas closed in south Florida as a result of a six-month investigation into sex trafficking. An Associated Press review found at least 2,700 defendants have been charged with human trafficking at the state level across the U.S., but only about 1,000 were convicted of any crime since states started enacting the laws in 2003. Nearly 300 cases resulted in no conviction and hundreds of other cases remain pending. (Hannah MorsePalm Beach Post via AP, File)
In contrast, the conviction rate for prosecutions under the federal Trafficking Victims Protection Act, enacted in 2000, is about 80%, according to Justice Department data.
"We're not fully where we need to be, but it's encouraging to see states pursue these cases," said Bradley Myles, executive director of the Polaris Project, which lobbied for passage of the state laws. "Prosecutors are still learning how to prosecute these cases successfully. We're in the process of seeing the field mature more. It's going to take time."
Underscoring the difficulties is the misdemeanor case against New England Patriots owner Robert Kraft, whose attorneys May 13 succeeded in getting video evidence suppressed . The decision, if upheld, could force prosecutors to drop charges against Kraft and potentially others among the 300 men facing solicitation charges as part of a sweeping investigation of massage parlor prostitution and possible human trafficking in Florida.
Some spa owners and operators also face felony prostitution charges, but none of the defendants has been charged under the state's human trafficking law.
Some local officials point out that prosecutors do often win convictions on other, oftentimes lower charges that can still take suspected human traffickers off the street for a time, not unlike how murder charges are sometimes downgraded to manslaughter. The study that found a 45% conviction rate also found that 72% of human trafficking cases that were examined did lead to some sort of conviction.
In the Florida prostitution case, many of the spa operators are being prosecuted under the state's Racketeer Influenced and Corrupt Organizations Act, which calls for the same maximum penalty, 30 years in prison, as for human trafficking.
That means prosecutors won't have to rely on the testimony of trafficking victims, which is frequently difficult to procure, in order to build their cases while still being able to pursue long sentences, said Jeffrey Hendriks, a prosecutor in Fort Pierce handling six of the felony cases.
"From a legal analysis, what's the loss? We want to try to put these people away for up to 30 years. Why rest your whole case on the victims?" Hendriks said. "I don't want to sound flip, but that's the analysis. It's just a better fit."
Most states aren't required to track prosecutions and convictions for human trafficking crimes.
The AP asked state attorneys general or other state agencies for tallies of human trafficking prosecutions, human trafficking convictions and convictions on other charges in their states since their local law was enacted. The AP also asked for how many cases resulted in no conviction or are still pending.
Five states did not respond. Of those that did, many supplied figures for one or some of the categories but not others, so full tallies and direct comparisons aren't possible. But the AP's review does suggest there have been many hundreds of prosecutions for human trafficking nationally, but relatively few convictions, let alone for human trafficking crimes.
At least 2,700 defendants nationwide have been charged since Washington state enacted the first law in 2003, the AP found. Only about 440 were convicted specifically of sex, labor, child or other trafficking crimes.
Nearly 500 others were convicted of lesser but related crimes, such as prostitution and drug charges. Nearly 300 others resulted in no conviction, either because of a not guilty verdict or because charges were dropped or dismissed, and more than 200 cases are pending.
Some states should consider giving their attorneys general authority to prosecute human trafficking cases, suggested Julie Dahlstrom, a law professor who heads Boston University's Immigrants' Rights & Human Trafficking Program.
State attorneys general in Connecticut, Idaho, Illinois, Indiana, Kentucky, Louisiana, Maine, Minnesota, North Dakota, Tennessee, Washington and West Virginia told the AP they lack the authority to prosecute human trafficking cases, either because primary criminal prosecutorial powers lie with district and county attorneys or because state law doesn't specifically allow them to prosecute the crimes.
But even in states where the attorney general has prosecutorial powers, convictions are still low, the AP review suggests.
In Massachusetts, at least 216 people have been charged with human trafficking crimes under the state's 2011 law, but just 18 have been convicted of them, the AP found. About 50 others were convicted of other crimes, 70 weren't convicted at all, and about 80 have pending cases.
That's a conviction rate of just over 8%.
State Sen. Mark Montigny, a Democrat from New Bedford who has proposed changes to increase the success rate, has proposed requiring the state to provide training programs for local law enforcement agencies; launch a human trafficking public awareness campaign; compile an annual report of investigations and prosecutions statewide; and designate additional public money to trafficking survivor support services.
"Sadly, these numbers are not surprising," Montigny said. "Prosecutions and convictions are unlikely to increase unless and until we enact necessary reforms."
Follow Philip Marcelo at twitter.com/philmarcelo.
LAS VEGAS (AP) — A $12 billion passenger bullet train linking Las Vegas and the Los Angeles area was dubbed the first true high-speed rail line in the nation on Monday, with the private company building it predicting millions of ticket-buyers will be boarding trains by 2028.
“People have been dreaming of high-speed rail in America for decades,” said U.S. Transportation Secretary Pete Buttigieg before taking a stage with union representatives and company officials at the future site of a terminal to be built just south of the Las Vegas Strip. “It’s really happening this time."
Buttigieg cited Biden administration support for the project that he said will bring thousands of union jobs, boost local economies and cut traffic and air pollution.
Brightline West, whose sister company already operates a fast train between Miami and Orlando in Florida, aims to lay 218 miles (351 kilometers) of new track almost all in the median of Interstate 15 between Las Vegas and Rancho Cucamonga, California. It would link there with a commuter rail connection to downtown Los Angeles. A station also is planned in San Bernardino County’s Victorville area.
Company officials say the goal is to have trains exceeding speeds of 186 mph (300 kph) — comparable to Japan’s Shinkansen bullet trains — operating in time for the Summer Olympics in Los Angeles in 2028.
“I believe we’ll look back at today and say, ’This was the birth of an industry of high-speed rail,'” Brightline Holdings founder Wes Edens said Monday.
The company aims to link U.S. cities that are too near each other for air travel to make sense and too far for people to drive.
Las Vegas has no Amtrak service. The idea of a bullet train to Los Angeles dates back decades under various names including DesertXpress. Brightline West acquired the project in 2019, and company and public officials say it has all required right-of-way and environmental approvals, along with labor agreements.
Brightline received Biden administration backing including a $3 billion grant from federal infrastructure funds and recent approval to sell another $2.5 billion in tax-exempt bonds. The company won federal authorization in 2020 to sell $1 billion in similar bonds.
Brightline West says electric-powered trains will cut the four-hour trip across the Mojave Desert to a little more than two hours. It projects 11 million one-way passengers per year, with fares that Edens said will be comparable to airline ticket costs. The trains will offer rest rooms, Wi-Fi, food and beverage sales and the option to check luggage.
Officials hope the train line will relieve congestion on I-15, where drivers often sit in miles of crawling traffic while returning home to Southern California from a Las Vegas weekend. An average of more than 44,000 automobiles per day crossed the California-Nevada state line on I-15 in 2023, according to Las Vegas Convention and Visitors Authority data.
Florida-based Brightline Holdings' Miami-line debuted in 2018 and expanded service to Orlando International Airport last September with trains reaching speeds up to 125 mph (200 kph). It offers 16 round-trips per day with one-way tickets for the 235-mile (378-kilometer) distance costing about $80.
Other fast trains in the U.S. include Amtrak’s Acela, which can top 150 mph (241 kph) between Boston and Washington, D.C. But fast train connections for other U.S. cities have been floated, including Dallas to Houston; Atlanta to Charlotte, North Carolina; Chicago to St. Louis; and Seattle to Portland, Oregon. Most have faced delays.
In California, a proposed 500-mile (805-kilometer) rail line linking Los Angeles and San Francisco was approved by voters in 2008, but has been beset by rising costs and routing disputes. A 2022 business plan by the California High-Speed Rail Authority projected the cost had more than tripled to $105 billion.
The Las Vegas strip is shown behind the groundbreaking sight of a high-speed passenger rail line between Las Vegas and the Los Angeles on Monday, April 22, 2024, in Las Vegas. A $12 billion high-speed passenger rail line between Las Vegas and the Los Angeles area has started construction. (AP Photo/Ty ONeil)
CORRECTS TO SEN. CATHERINE CORTEZ MASTO Sen. Catherine Cortez Masto, D-Nev., speaks at the groundbreaking for a high-speed passenger rail on Monday, April 22, 2024, in Las Vegas. A $12 billion high-speed passenger rail line between Las Vegas and the Los Angeles area has started construction. (AP Photo/Ty ONeil)
Kids play in confetti at the groundbreaking ceremony for a high-speed railway on Monday, April 22, 2024, in Las Vegas. A $12 billion high-speed passenger rail line between Las Vegas and the Los Angeles area has started construction. (AP Photo/Ty ONeil) (AP Photo/Ty ONeil)
U.S. Secretary of Transportation Pete Buttigieg speaks at the groundbreaking for a high-speed passenger rail on Monday, April 22, 2024, in Las Vegas. A $12 billion high-speed passenger rail line between Las Vegas and the Los Angeles area has started construction. (AP Photo/Ty ONeil)
A plane takes off behind a groundbreaking for a high-speed passenger rail on Monday, April 22, 2024, in Las Vegas. A $12 billion high-speed passenger rail line between Las Vegas and the Los Angeles area has started construction. (AP Photo/Ty ONeil)
Sen. Jacky Rosen, D-Nev., speaks at the groundbreaking for a high-speed passenger rail on Monday, April 22, 2024, in Las Vegas. A $12 billion high-speed passenger rail line between Las Vegas and the Los Angeles area has started construction. (AP Photo/Ty ONeil)
Sen. Catherine Cortez Masto, D-Nev., left, and Sen. Jacky Rosend, D-Nev., right, speak at the groundbreaking for a high-speed passenger rail on Monday, April 22, 2024, in Las Vegas. A $12 billion high-speed passenger rail line between Las Vegas and the Los Angeles area has started construction. (AP Photo/Ty ONeil)
Nevada Governor Joe Lombardo leaves the stage at a groundbreaking for a high-speed passenger rail on Monday, April 22, 2024, in Las Vegas. A $12 billion high-speed passenger rail line between Las Vegas and the Los Angeles area has started construction. (AP Photo/Ty ONeil)
U.S. Secretary of Transportation Pete Buttigieg, center, Sen. Catherine Cortez Masto, right, drive rail spikes into a symbolic rail, on Monday, April 22, 2024, in Las Vegas. A $12 billion high-speed passenger rail line between Las Vegas and the Los Angeles area has started construction. (AP Photo/Ty ONeil)
FILE - This photo taken Wednesday, Jan. 25, 2012, shows the site of a proposed station for a high-speed rail line to Las Vegas, background, at the end of the Dale Evans Parkway exit from Interstate 15, on the far outskirts of the Mojave Desert city of Victorville, Calif. Brightline West and U.S. transportation secretary and other officials projecting that millions of ticket-buyers will be boarding trains by 2028. (AP Photo/Reed Saxon)
FILE - This photo Jan. 25, 2012, photo shows the site of a proposed station for a high-speed rail line to Las Vegas, foreground, with Interstate 15 in the background, on the far outskirts of Victorville, Calif., the Mojave Desert city on the route from Los Angeles to Las Vegas. Brightline West and U.S. transportation secretary and other officials projecting that millions of ticket-buyers will be boarding trains by 2028. (AP Photo/Reed Saxon)
This Jan. 25, 2012, photo shows the site of a proposed station for the high-speed rail line to Las Vegas at the end of the Dale Evans Parkway exit from Interstate 15, on the far outskirts of the Mojave Desert city of Victorville, Calif. Brightline West and U.S. transportation secretary and other officials projecting that millions of ticket-buyers will be boarding trains by 2028. (AP Photo/Reed Saxon)
FILE - A Brightline train is shown at a station in Fort Lauderdale, Fla., on Jan. 11, 2018. A fast-tracked plan to build a high-speed passenger rail line between Las Vegas and the Los Angeles area is set to mark the start of construction. Brightline West and U.S. transportation secretary and other officials projecting that millions of ticket-buyers will be boarding trains by 2028. (AP Photo/Wilfredo Lee, File)
