Introduction
Human trafficking is a complex social phenomenon that is defined as an art of coercion, deception, use of force or exploitation into labour or sexual activities, crime, marriages, organ trade or domestic servitude (Feingold, 2005). In numbers everyone, regardless of their gender and age are trafficked domestically and abroad for personal gains of their oppressors. Trafficking in humans globally according to the United Nations Convention against Transnational Organized Crime (UNTOC) is a heinous crime and massive violation of human rights. Either the country of origin, transit or the destination must protect and withhold the rights of the trafficked individuals and bring the traffickers to book according to the United Nations Trafficking in Persons Protocol (Gallangher, 2010).
International law against human trafficking provides various options to victims of human trafficking as they manoeuvre through the various criminal justice systems in search of justice. The Trafficking in Persons Protocol insists in use of the domestic criminal justice systems and measures that will curb and prevent further trafficking. Therefore; persons identified to have committed the crime of trafficking under the domestic law are then charged with that criminal offence. Only through this way will the criminal justice systems be effective and reactive to human trafficking with an eventuality of punishing the offenders. Criminal justice systems play a vital role in ensuring that the occurrence of the acts of human rights violation is reduced or the commission of the crime is prevented through the determination of charges, prosecution as a prevention strategy, witness protection, offering counsel, preserve the evidence, compensation of the victims and eventually to the sentencing of the offenders (Raymond, 2002).
The T-Visa and the U-Visa were created to motivate persons who may have committed certain serious crimes to collaborate with the investigating officers tasked to prosecute the criminal offenders. Both the T-Visa and U-Visa are eligible for the crimes of human trafficking based on the conditions and circumstances under which the crime is committed (Hipolito, 2010). The immigration benefit of U-Visa in the United States of America is only appropriate to victims who are direct or indirect victims of the criminal act, hold vital information concerning the crime, have suffered either mental or physical abuse as a victim of the criminal activity and victims who are likely to help, are helpful and have been beneficial to the law enforcers, judges, prosecutors and other officials in the investigation, prosecution, charging and sentencing of the offenders (Gill et al., 2012).
The immigration benefit of T-Visa in the United States is only necessary to victims of trafficking who are at the Commonwealth of the Northern Mariana, U.S port of entry, American Samoa or in the United States due to human trafficking; it is also necessary for persons of interest who are or were victims of the intense type of trafficking as stipulated in the federal law, victims who have agreed to help the law enforcement agency in the investigation and prosecution of the offenders and individuals would be in severe harm or serious trouble if evicted from United States (Pollock et al., 2010). For eligibility of both the U-Visa and T-Visa, the victims should be admissible to the U.S upon thorough check on the victims' immigration history, criminal history and other factors about the crime otherwise apply for an inadmissibility waiver.
Victims testifying as the witness is a sensitive matter because, in most cases, their rights and privacy is affected when not well protected. The victims’ rights such as the rights to assistance through the legal process, access to justice, rights to respect and be treated with compassion, rights to compensation, right to be represented in court, heard and appropriate actions taken and right to protection of their privacy is a priority. The witnesses have the right to protection of personal safety where their location and contacts remain confidential, placed under secure shelter and if necessary, accorded police protection. Besides, witnesses who are victims of human trafficking require protection of psychological well-being. Psychological well-being entails availing counsellors to the witnesses, informing them on what to expect from the courts, use prosecutors, police or judges who are trained and sensitive to the needs of the victim-witnesses (Goodey, 2008).
When dealing with children victims, then a group of experts should be included, unlike when dealing with adults. Children victims should be assigned specific skills investigating officers. Forensic interviews used to interview and related to victim children should be developed by the social workers, children development expertise and psychologists. It is necessary to understand both the verbal and physical cues of children during interviews to know when they are giving the right information, lying or hiding something vital to the investigation. Throughout this process, the civic rights and interests of the child are critical. Measures taken into consideration include: dedicate ample time with the child, use simple, appropriate and child-friendly language, use only trained staff to interview the kids, get the background and history of the child before interviews, ensure the space and environment is conducive for a conversation, ensure that the child comprehends everything, the age and mental capacity should be considered while preparing the questions, avoid pushing, pressuring and pursuing details while handling them, add regular breaks in the interviews to avoid exhaustion, boredom or upsetting the children and ensure that while closing you reassure the child that they have performed exceptionally (Goodey, 2008).
