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65 U.S. Att'ys Bull. 175 (2017)
Prosecuting Sex Trafficking Cases Using a Drug-Based Theory of Coercion

handle is hein.journals/usab65 and id is 847 raw text is: Prosecuting Sex Trafficking Cases Using a Drug-Based Theory of Coercion Lindsey Roberson Trial Attorney Human Trafficking Prosecution Unit Civil Rights Division Shan Patel Trial Attorney Human Trafficking Prosecution Unit Civil Right Division I. Introduction In November 2013, a federal jury in the Middle District of Florida found Andrew Blane Fields guilty of five counts of sex trafficking by force, fraud, and coercion, and three narcotics counts.' At trial, the prosecutors presented evidence that Fields distributed controlled substances to the sex trafficking victims as a part of his scheme to manipulate and control their drug supply in order to coerce them to commit commercial sex acts for his profit.2 The prosecution's theory of nonviolent drug-based coercion under 18 U.S.C. § 1591 presented a case of first impression for the court, and on appeal, the U.S. Court of Appeals for the Eleventh Circuit upheld the defendant's convictions and his 405-month sentence, finding that the trial court's explanation regarding victims with special vulnerabilities was a direct application of the statutory definition of 'serious harm' to the facts of the case.3 This article explains why such a theory of coercion was successful at this and similar trials. The article also includes practical tools for building better victim identification through education, improving investigative strategies, and prevailing on appeal in cases involving drug-based coercion. II. Overview: Intersection of the Opioid Epidemic and Sex Trafficking In 2016, the Drug Enforcement Administration (DEA) confirmed what many in the law enforcement community already knew: Over the past 10 years, the drug landscape in the United States has shifted, with the tripartite opioid threat (controlled prescription drugs, fentanyl, and heroin) having risen to epidemic levels, impacting significant portions of the United States.4 While it is common knowledge that many drug users ingest drugs to numb the pain, opioids are, in fact, some of the most 1 Press Release, Office of Pub. Affairs, U.S. Dep't of Justice, Convicted Sex Trafficker Sentenced to More Than 30 Years in Prison (Jan. 29, 2014). 3 United States v. Fields, 625 F. App'x 949, 952 (11th Cir. 2015). DRUG ENF`T ADMIN., U.S. DEP'T OF JUSTICE, 2016 NATIONAL DRUG THREAT ASSESSMENT SUMMARY at v (2016). United States Attorneys' Bulletin November 2017 175

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