The violence of Hmong gangs and the crime of rape

FBI Law Enforcement Bulletin,The, Feb, 2003 by Richard Straka

To conduct a thorough investigation and to be respectful of the victim, investigators should consider several factors. They may have to talk to the victim several times, just to get new information and to gain her trust. Only one person should interview the victim, usually someone who has gained the victim's trust. If it can be avoided, a male Hmong officer should not interview the victim. The Hmong officer can help identify the suspects, but the victim may hesitate to discuss the matter with a Hmong male. The investigator should attempt to find help from the Hmong community for the victim and her family. Also, according to the lead investigator of the Fresno, California, cases, investigators should "recognize the impact of threats, violence, retaliation, length of time held, prostitution, culture issues, and overall condition of the victim. Keep these issues in mind when starting to interview. These victims have been severely traumatized. Remember that everyone shows or reacts to a situation differently. Don 't go into the interview expecting the victim to act in any certain way." (6)

In prostitution cases, it may prove difficult to identify the pimps and to obtain evidence. The pimps are Hmong who usually only offer the girls to other Hmong, often older members of the community. They bring the victims to unknown locations or motels, as well as transporting them to other cities and states.

One of the most difficult aspects of the investigation is keeping the victim from disappearing. Many of these young Hmong girls have been runaways. After they do come forward, they are under opposing pressure from the police, suspects, friends, and family members. Investigators must maintain almost constant contact with the victim and continue to reassure her that she did the right thing by coming forward.

Even after the investigation concludes, other people, such as defense attorneys and members of the Hmong community, will scrutinize the victims. The effects of the crime on its victims may be minimized or viewed as typical teenage behavior. After the guilty charges in the Fresno case, the local newspaper reported comments, such as "A bunch of kids were doing the wrong thing. It was a big party, a moving summer party. You blame somebody else, I'm not saying these guys are all these innocent angels. They're not. They're gang members, but certainly forcible rape, to me, is out of the question. The girls themselves were gang members, too, a lot of people disagree with the girls for charging the boys with raping them. We, as parents, would want to put them both into jail. Not everyone believed the girls." (7) Although cultural issues may interfere, prosecution of these cases must continue.

Conclusion

Law enforcement can more effectively investigate and prosecute cases of Hmong gang rapes and prostitution. Networking among law enforcement agencies throughout the country is imperative due to the mobility of Hmong gangs. More important, understanding the Hmong culture and the role of the gangs in the community and following the specific guidelines for investigation will equip the law enforcement profession to better address the needs of the victims involved in gang rapes and prostitution. Working with the victims will bring the perpetrators to justice and ultimately put a stop to Hmong gang rapes.