SAN DIEGO MAN CHARGED WITH HUMAN TRAFFICKING, PANDERING, AND ATTEMPTED PIMPING OF TWO MINOR GIRLS

Case # 15NF2370

Date: September 2, 2015

SAN DIEGO MAN CHARGED WITH HUMAN TRAFFICKING, PANDERING, AND ATTEMPTED PIMPING OF TWO MINOR GIRLS

*Defendant was contacted after getting into a minor traffic accident

FULLERTON, Calif. – A San Diego man was charged yesterday for human trafficking, pandering, and attempting to pimp two minor girls. David Ben Rivas, 22, San Diego, is charged with two felony counts of human trafficking of a minor, two felony counts of pandering with a minor over 16 years old by procuring, and two felony counts of attempted pimping. If convicted, Rivas faces a maximum sentence of 14 years and eight months in state prison. Rivas is scheduled for pre-trial Sept. 10, 2015, at 8:30 a.m. in Department N-12, North Justice Center, Fullerton.

Circumstances of the Case

Rivas is accused of being a human trafficker/pimp who exploits women and/or children for financial gain. Victims are often required to turn over all payment they receive for sex acts from sex purchasers to their pimp.

In August 2015, Rivas is accused of pandering minor Jane Doe 1 and minor Jane Doe 2 by persuading the victims to perform commercial sex acts for his benefit. On Aug. 28, 2015, the defendant is accused of trafficking the victims by transporting Jane Doe 1 and Jane Doe 2 from Los Angeles to areas known for prostitution and human trafficking in Anaheim to solicit commercial sex.

At approximately 7:15 p.m. Aug. 28, 2015, Anaheim Police Department (APD) officers responded to a traffic collision on Ball Road involving an overturned vehicle. Rivas is accused of driving with the victims in one the vehicles that was involved in the collision. APD officers contacted Jane Doe 1 and Jane Doe 2 near the scene of the accident and after conducting a further investigation, arrested the defendant.

Members of the Orange County Human Trafficking Task Force (OCHTTF) and the Orange County District Attorney’s (OCDA) Office work proactively to protect women and minors from falling victim to commercial sexual exploitation. This case was investigated by OCHTTF, a partnership between APD, California Highway Patrol, Federal Bureau of Investigation, Huntington Beach Police Department, OCDA, Orange County Sheriff’s Department, and community and non-profit partners.

Deputy District Attorney Daniel Varon of the HEAT Unit is prosecuting this case.

Proposition 35 and HEAT

In November 2012, California’s anti-human trafficking Proposition 35 (Prop 35) was enacted in California with 81 percent of the vote, and over 82 percent of the vote in Orange County, to increase the penalty for human trafficking, particularly in cases involving the trafficking of a minor by force.

A component of the OCHTTF is the OCDA’s Human Exploitation And Trafficking (HEAT) Unit, which targets perpetrators who sexually exploit and traffic women and underage girls for financial gain, including pimps, panderers, and human traffickers. The HEAT Unit uses a tactical plan called PERP: Prosecution, to bring justice for victims of human trafficking and hold perpetrators responsible using Prop 35; Education, to provide law enforcement training to properly handle human trafficking and pandering cases; Resources from public-private partnerships to raise public awareness about human trafficking and provide assistance to the victims; and Publicity, to inform the public and send a message to human traffickers that this crime cannot be perpetrated without suffering severe consequences.  

Under the law, human trafficking is described as depriving or violating the personal liberty of another person with the intent to effect a violation of pimping or pandering. Pimping is described as knowingly deriving financial support in whole or in part from the proceeds of prostitution.  Pandering is the act of persuading or procuring an individual to become a prostitute, or procuring and/or arranging for a person work in a house of prostitution.

Penal Code Section 236.1 defines:

(1) “Coercion” includes any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; the abuse or threatened abuse of the legal process; debt bondage; or providing and facilitating the possession of any controlled substance to a person with the intent to impair the person’s judgment.

(2) “Commercial sex act” means sexual conduct on account of which anything of value is given or received by any person.

(3) “Deprivation or violation of the personal liberty of another” includes substantial and sustained restriction of another’s liberty accomplished through force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person, under circumstances where the person receiving or apprehending the threat reasonably believes that it is likely that the person making the threat would carry it out.

(4) “Duress” includes a direct or implied threat of force, violence, danger, hardship, or retribution sufficient to cause a reasonable person to acquiesce in or perform an act which he or she would otherwise not have submitted to or performed; a direct or implied threat to destroy, conceal, remove, confiscate, or possess any actual or purported passport or immigration document of the victim; or knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or immigration document of the victim.

(5) “Forced labor or services” means labor or services that are performed or provided by a person and are obtained or maintained through force, fraud, duress, or coercion, or equivalent conduct that would reasonably overbear the will of the person.

(6) “Great bodily injury” means a significant or substantial physical injury.

(7) “Minor” means a person less than 18 years of age.

(8) “Serious harm” includes any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor, services, or commercial sexual acts in order to avoid incurring that harm.

(i) The total circumstances, including the age of the victim, the relationship between the victim and the trafficker or agents of the trafficker, and any handicap or disability of the victim, shall be factors to consider in determining the presence of “deprivation or violation of the personal liberty of another,” “duress,” and “coercion” as described in this section.