Consider the following fact pattern to answer the questions below.
Anna is a 16 year old high school student living with her parents in the suburbs of Cincinnati, OH. At 6 years old, she was molested by her uncle on 3 occasions. As a teenager, she has struggled with depression and strained relationships with parents. At the mall one day, a 23 year old man, Nick Risk, approaches her and her friends and makes conversation about clothes. Later in the day when Anna is coming out of the restroom, Nick approaches Anna again and asks her if she wants to go shopping at a bigger mall the next weekend with him. A 6 month relationship develops that grows more controlling. One day, Mr. Risk tells Anna he needs money to pay his rent and asks her to sleep with his friend, whom Anna has never met, to make some money. Anna agrees and then continues to agree to sleep with more men at Mr. Risks request. Anna drops out of school at age 17, moves in with Mr. Risk and begins traveling around Ohio to various cities and locations to sleep with men. When Anna objects, Mr. Risk physically harms Anna and threatens to leave her. At a truck stop near Dayton, OH, a waitress sees Anna with Mr. Risk and sees a dark shadow under one eye. She calls the police but by time they reach, Anna and Mr. Risk have driven on. One day Mr. Risk threatens to tell Anna’s family about what her uncle did to her as a child. Anna’s food, clothing and travel are paid for by Mr. Risk. She never has money in her pocket and no cell phone. She isn’t allowed to call family and friends.
1. From the state and federal statutes we have read about thus far, identify the criminal code sections to charge under and provide analysis of how the facts fit into the elements of those sections.
2. Discuss the various civil courses of action and their remedies which Anna may be able to pursue. Provide support for your answer through the facts in this case which demonstrates an understanding of how those civil courses of action can be used.
3. Identify one or more characteristics demonstrated in Anna’s story of a trafficking victim that are unique to those particular victims of crime. What challenges and options do trafficking cases present in terms of victim support in terms of prosecution and ongoing victim care?
4. As Christians, should our chief objective in a trafficking prosecution be justice for victims by creating deterrents against future crimes or care for victims? As a prosecutor with a reluctant star witness, how would you balance the tension between the need for justice and respect for the victims desire not to have to testify? If Anna received convictions for prostitution, do you think her convictions should be vacated or her record expunged?
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