Commentary: Diddy’s alleged sex crimes were hiding in plain sight
The indictment against music mogul Sean Combs should be a reminder that we often fail to recognise trafficking even when it’s right in front of us, says law professor Barbara McQuade for Bloomberg Opinion.
ANN ARBOR, Michigan: Victims of sex trafficking, it is said, are often hiding in plain sight. I was reminded of that truism this week when Sean Combs, the music mogul also known as Puff Daddy and Diddy, was indicted for alleged conduct dating back to 2008. The offences include racketeering conspiracy, sex trafficking and transportation to engage in prostitution.
According to the indictment, Combs forced women "to engage in frequent, days-long sexual activity with male commercial sex workers" in events "Combs referred to as 'Freak Offs'", which prosecutors described as "elaborate sex performances that Combs arranged, directed, and often electronically recorded". The potential sentence for the charges ranges from a mandatory minimum of 15 years to life in prison.
During a press conference on Tuesday (Sep 17), Manhattan US Attorney Damian Williams was asked why it took so long for law enforcement to intervene in the allegedly long-running scheme. Williams deflected the question, instead focusing on the current charges.
But one reason that sex rings can endure for years is that bystanders fail to recognise what is occurring right before their eyes.
WHY VICTIMS STAY
The myopia is caused by common myths about sex trafficking. People imagine victims bound and gagged, in handcuffs and chains and held captive in a dungeon. Instead, the victims usually walk openly in public, side by side with their traffickers.
Even when help is nearby, victims don’t run away. It can be difficult to explain to a jury why a victim would stay with someone who is forcing them to engage in commercial sex acts.
In the cases I saw when I worked as a federal prosecutor, traffickers bait their prey with one or more tactics. They might provide lavish gifts, addictive drugs or promises of a glamorous career in modelling.
The trafficker then uses those enticements as leverage against his victims. Nude photos created under the guise of creating a modelling portfolio are held over a victim’s head as potential revenge porn. Drugs are used to keep a victim, now addicted, dependent on the trafficker for another hit. Threats of physical harm and even beatings are used to coerce the victim into submission that may appear voluntary to onlookers who see the victim only in public.
The indictment accuses Combs of engaging in precisely these kinds of acts against his victims - "obtaining and distributing narcotics to them, controlling their careers, leveraging his financial support and threatening to cut off the same, and using intimidation and violence".
The indictment also alleges that some of his employees - his private security team, household staff and personal assistants - acted as intermediaries and concealed the abuse. I would expect to eventually see charges against these associates, perhaps after prosecutors explore whether they’ll cooperate in the prosecution of Combs.
BYSTANDERS DON’T RECOGNISE THE CRIME
But what about witnesses who weren’t on his payroll? What about the airport personnel and catering staff who must have seen some of this activity?
Or the hotel guests or employees who likely heard something when Combs kicked and dragged one of his victims in the hallway of the InterContinental Hotel in Los Angeles, a crime caught on surveillance cameras and revealed by CNN?
Most often, witnesses stay silent because they don’t realise what they are seeing. They may know that something is amiss, but write it off as a private argument. And when the offender is someone of wealth, fame and power, the reluctance to believe what they are seeing is even more pronounced.
An indictment like this one can raise awareness of how sex trafficking really works, which, in turn, can help reduce this horrific crime. There are now training programmes to help employees of petrol stations and hotels recognise the signs of trafficking - the person appears fearful of their companion; has outward signs of injury, such as bruising; appears to have been denied sleep, food or medical care; or seems to be under the direction or control of another person, such as asking permission to use the bathroom. Signs in women’s restrooms provide resources for victims of sex trafficking. These efforts are worthy, but only a start.
A case like the Combs indictment is not only an effort to bring an alleged offender to justice and to rescue his victims. It can also provide a teachable moment for the public. Not all victims of sex trafficking are in ropes and chains. Some are walking right before our eyes.
Barbara McQuade is a professor at the University of Michigan Law school, a former US attorney and author of Attack from Within: How Disinformation Is Sabotaging America.