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Disappear: An Insight into the Issue of Missing Persons
Jennelle John-Lewis
First Colonial High School
Legal Studies Academy
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Abstract
This paper is an in depth look at the different reasons as to why people go missing as well
preventative measures to keep more people from going missing. The author examines cases in
which the persons have been recovered and the perpetrators have been convicted. The paper
explores the breakdown of abduction perpetrators and the likelihood of recovering a missing
person. The author also addresses human trafficking and the number of victims who fall prey to
it as well as those who choose to go missing voluntarily.
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Disappeared: An Insight into the Issue of Missing Persons
Due to the stigma that missing persons only encompass those who are kidnapped, there is
a serious lack in transparency of the issue of missing persons. This inherent lack of knowledge
surrounding missing persons is overshadowing victims and families that need help due to the
extended leave of absence for any number reasons. A missing person is a person who has
disappeared and whose status as alive or dead cannot be confirmed as his or her location and fate
are not known. Missing persons is a term that encompasses not only juveniles (those under the
age of 18), but also any adult who has disappeared without a confirmed location. This included
those who are voluntarily missing. As of December 31, 2014, National Crime Information Center
(NCIC)contained 84,924 active missing person records. Juveniles under the age of 18 account
for 33,677 (39.7 %) of the records and 43,289 (51.0 %) records when juveniles are defined as
under 21 years of age(Japser, 2006). There are several different categories of missing persons
and a multitude of reasons as to why people disappear and this paper will explore those reasons
and the differences between the different categories.
Abduction
When people think of missing persons, abduction is the first thing that comes to mind.
Abduct is defined by Merriam-Webster dictionary as:to take (someone) away from a place by
force. Abduction is one of the most plausible reasons as to why people go missing, however, it
becomes fuzzy when trying to decide what constitutes as abduction and what kinds of abduction
are the most common.
Kidnapping
Nearly 800,000 children are reported missing each year. That's more than 2,000 a
day.There are three different categories of abductions: family abduction, which account for 49%
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of kidnappings, acquaintance abductions, which accounts for 27% of kidnappings, and stranger
abduction, which accounts for 24% percent of kidnappings. Family abductions involve more
female perpetrators than males and usually occur with children under the age of six. Family
kidnappings usually occur in context of custody disputes. Non-family related abduction can be
broken down into other categories with friend abduction accounting for 17%, acquaintance
abduction for 21%, neighbor abduction for 5%, caretaker for 4%, stranger for 45%, and other
perpetrators for 8% (Jasper, 2006).There were an estimated 58,200 child victims of nonfamily
abduction, defined more broadly to include all nonfamily perpetrators and crimes involving
lesser amounts of forced movement or detention in addition to the more serious crimes entailed
in stereotypical kidnappings in 1999. A stereotypical kidnapping is defined by the Department of
Justice as as A nonfamily abduction perpetrated by a slight acquaintance or stranger in which a
child is detained overnight, transported at least 50 miles, held for ransom or abducted with intent
to keep the child permanently, or killed(Finkelhor, Hammer, & Sedlak, 2002).Fifty-seven
percent of children abducted by a nonfamily perpetrator were missing from caretakers for at least
1 hour, and police were contacted to help locate 21 percent of the abducted children. Finding
missing children has become a bit easier with the help of a special program called Amber Alert.
The AMBER Alert Program is a voluntary partnership between law-enforcement
agencies, broadcasters, transportation agencies, and the wireless industry, to activate an urgent
bulletin in the most serious child-abduction cases ("AMBER Alert - America's Missing:
Broadcast Emergency Response," 2015)The goal of an AMBER Alert is to disseminate
information to the community to assist in the search for and the safe recovery of the
child.AMBER Alert programs have helped save the lives of 495 children nationwide.AMBER
Alerts also serve as deterrents to people who prey on children. AMBERAlert cases have shown
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that some perpetrators release the abducted child after hearing theAMBER Alert on the radio or
seeing it on television. Knowing that someone is publically searching for the child that they have
taken in many cases will cause the perpetrator to release the child to avoid discovery ("AMBER
Alert - America's Missing: Broadcast Emergency Response," 2015). However, there are
guidelines that need to be followed in order for AMBER Alert to be used. Law enforcement must
confirm that an abduction has taken place, the child must be at risk of serious injury or death,
there needs to be sufficient descriptive information of child, captor or captor's vehicle toissue an
Alert, and the child must be 17 years old or younger. If all these criteria are met, then an official
Alert can be sent out.
Case. Abbott v. AbbottTimothy Abbott, a British citizen, and Jacquelyn Abbott, an
American citizen, litigated their divorce in the Chilean courts. Mrs. Abbott was awarded custody
of their son, while Mr. Abbott was awarded visitation rights. After the fact Mr. Abbott filed and
order to prohibit the childs removal from Chile. A year later Mrs. Abbot moved the child to
Texas without notifying the father. Mr. Abbott ordered that the child be moved back to Chile
because the mother was in violation of the agreement although he did not have custodial rights to
the child. This request was originally denied but after an appeal in the U.S. Court of Appeals for
the Fifth Circuit it held that the Chilean court's order and Chilean statute that required father's
consent before the child could leave Chile. This did not give custodial rights to the Mr. Abbott
but it upheld his right of visitation to the child according to the Chilean courts. (Abbott v.
Abbott)
Missing Adults
Of the 900,000 people reported missing each year in the U.S., 50,000 are over the age of
18. Half of missing adults are white, 30% are African American, and 20% are Latino (Jasper,
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2006). Adults can be victims of abduction as well, although it is less likely that an adult will be
taken than a child, adults are still abducted ever day in the United States. Although abduction is
one reason for an adult to go missing there are others especially when it comes to the elderly.
In 2006, 89-year-old Cruz Fierro wandered the streets of El Paso, Texas after his release from the
Beaumont Medical Center, residents that he suffered from Alzheimer's disease. Very few people
knew he was missing until several days later, when Fierro was found dead and and the story was
on the news (Harris, 2007). Cruz is one of the several elderly people that goes missing each year
due due disorientation and other health degradations that come with age.Approximately 5.1
million people in the United States suffer some form of dementia, and about 60 percent of those
will wander away from their homes or care facilities, said Monica Moreno, associate director of
safety services for the Alzheimer's Association (Harris, 2007). It is because of cases like this
that several states have adopted Silver Alert.
Silver Alert is much like Amber Alert except the person does not have to be under the
age of 18. However, there is certain criteria that needs to be met in order for a Silver Alert to be
sent out. In the state of North Carolina, a Silver Alert may be sent out if: 1) The person is
believed to be suffering from dementia or other cognitive impairment- regardless of age. 2) The
person is believed to be missing regardless of circumstance. 3) A legal custodian of the missing
person has submitted a missing person's report to the local law enforcement agency where the
person went missing, and 4) Law enforcement reports the incident to the NC Center for Missing
Persons("NCDPS - Silver Alert," 2014). Silver Alert opens up investigation for another group of
people entirely. People who are born with or develop mental defects are sometimes the most
susceptible to abuse and are the most vulnerable and least able to help themselves. Silver Alert is
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a way to ensure that they can also be protected. Along with Silver Alert and AMBER Alert there
is legislation in place that also aids in the recover of missing persons.
Legislation
Several pieces of legislation have been enacted to ensure that people who are responsible
for the kidnapping of children can be held responsible for their crimes. There are two laws
specifically that have been making strides to better protect children and punish perpetrators.
Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today
(PROTECT) Act was designed to strengthen the ability if law enforcement agencies to prevent
investigate, prosecute, and punish violent crimes committed against children.Under this act
Amber Alert was adopted. And with its adoption now there is no statute of limitations for
crimes involving abduction or physical or sexual abuse of a child, in virtually all cases.
Previously the statue of limitations would start when the child turns 25 and would allow the
rapist to go free (Jasper, 2006). This piece of legislation enforces stricter punishments to
discourage perpetrators.
The Hague Convention on the Civil Aspects of International Child Abduction ensures that
there is a civil process that facilitates the return of abducted children under 16 to their home
countries. The Hague Convention is one of the first comprehensive laws that addresses the issue
of international child abducation.The Hague Convention pertains to all kinds of abduction both
familial and non however, it has been most useful in the the sorting of familial disputes
especially in cases of child custody. The Hague Convention has been a key instrument to the safe
return of children to their home countries and also another barrier to prevent the abuse of parent
with their custodial right of their child. With stricter regulations of the transport of children, it is
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much easier for them to be accounted for and parent are able to be held accountable for the
whereabouts of their child on an even larger level.
Virginia Code 18.2-47. Directly outlines what constitutes as abduction and kidnapping
as follows:
Abduction and kidnapping defined; punishment.
A. Any person who, by force, intimidation or deception, and without legal justification or
excuse, seizes, takes, transports, detains or secretes another person with the intent to
deprive such other person of his personal liberty or to withhold or conceal him from any
person, authority or institution lawfully entitled to his charge, shall be deemed guilty of
"abduction."
This comprehensive code makes it abundantly clear what constitutes as abduction and leaves no
room for interpretation. There is a great deal of legislation that to protect the safety and the rights
of children, while also punishing those who come try to take away those rights and bring danger
to any child. The laws address most any situation that could cause a child to come into peril and
law enforcement has been properly trained to enforce those laws and keep children safe.
Runaways
Children under the age of 18 cannot leave home without telling their parents. If they were
over the age of 18 they would be considered voluntarily missing, but under 18 they are
considered to be a runaway child. A runaway is a person who has run away, especially from their
family or an institution.
Running away can happen one of two ways, through premeditation or on spur of the
moment.More than 70 percent of youth interviewed described their leaving home as occurring on
the spur of the moment ("Homeless Teen Research from NRS | National Runaway Safeline,"
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2015). There is also a distinction between a runaway and throwaway, a throwaway being a child
whose parents neglect them or throw them out. Thirty percent of the youth interviewed explicitly
described what happened as running away.Nearly half (48 percent) said they were thrown out of
their homes. Twenty-two percent described the situation as both, some combination of running
awayand being thrown out("Homeless Teen Research from NRS | National Runaway Safeline,"
2015).Most commonly runawayssay that significant family conflict led them to want to leave
home. Family feuds and lack of understanding in households is a huge stressor especially on
teenage kids and sometime feelings bubble over and cause them to leave home in search of
others who can relate to them better. In some situations, it is indicated that a parent has insisted
the youth leave. Children being kicked out of their homes is not a totally unusual phenomenon,
however when it happens they typically have another place to go. In the rare case that they dont
is when the kids end up on the streets or missing all together. Other cases indicate the youth
should leave and the person feel like there is no other way to escape a problem, whether it be
family related or otherwise, then to run away even if it is unclear that the parent has insisted.In a
majority of cases the youth has threatened to runaway or has been thrown out for a brief period.
When a child runs away to the point where they are considered missing it has usually been
preceded by a less severe runaway scare.
The interesting thing about runaway youth is that over half do not consider themselves
runaways but rather as throwaways. These adolescents consider themselves to have been thrown
out by their parents even if that was not necessarily the case. Certain demographics, such as
LGBTQ youth are even less likely to consider themselves a runaway. Perception of the situation
at home can account for the feeling of being thrown out versus acknowledging that one has run
away. However, all types of youth will leave home and can land in very dangerous places and
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situations, especially if approached by the wrong person. Runaways are more susceptible to
abuse and of becoming victims of trafficking.
Human Trafficking
Human trafficking is defined by Merriam-Webster dictionary as organized criminal
activity in which human beings are treated as possessions to be controlled and exploited (as by
being forced into prostitution or involuntary labor. The International Labor Organization
estimates that there are 20.9 million victims of human trafficking globally. 68% of them are
trapped in forced labor. 26% of them are children. 55% are women and girls. The International
Labor Organization estimates that forced labor and human trafficking is a $150 billion industry
worldwide.
Victims
The International Labor Organization estimates that there are 20.9 million victims of
human trafficking globally, including 5.5 million children. 55% are women and girls. Every year
300 thousand children are taken worldwide and sold by human traffickers as slaves. 17,000 of
those children are from the United States. ("About Child Trafficking | ERASE Child
Trafficking," 2015) Although the United States has implemented the Nation Missing and
Unidentified Persons System (NamUs) it still does not account for where the missing persons
have gone. Everyday 46 children are captured in the United States and sold to be trafficked.
("About Child Trafficking | ERASE Child Trafficking," 2015).
Cases
Poonam Thapa was a twelve-year-old girl raised in Nepal who wanted nothing more than
to make life easier for her family and help provide. Poonam was offered as escape from hardship
and a well-paying job. Little did Poonam know that her escape from hardship would lead to
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being put in a brothel and having her body sold while she received next to nothing in return.
Poonam is one of 20.9 million people who are trafficked each year (Kristof, 2015). The saddest
part is that people are blissfully unware of what is going on. Children are taken from their homes
or coerced into leaving under false pretenses only to be forced into labor, often times into sex
work. Customers are told that the children are at least 18 and then go on to do what they please
with them, often leading to rape. I wasnt until a police raid when the brothel was finally
questioned about the age and legality of the workers there. Seeing that Poonam was clearly
underage the police removed her and placed her in a shelter until she could be placed in the care
of Maiti Nepal, an anti-trafficking organization.
In the United States v. Carretto et alseven defendants pled guilty to sex trafficking that
have been in businessBetween 1991 and 2004. Josue Flores Carreto, Gerardo Flores Carreto, and
Daniel Perez Alonso, were members of a criminal organization that obliged young Mexican
women into prostitution through force, fraud, and coercion. harm and restraint in order to force
the women to commit acts of prostitution. On November 16, 2004, a federal grand jury returned
a 27-count indictment, charging Josue Flores Carreto, Gerardo Flores Carreto, Daniel Perez
Alonso, Eliu Carreto Fernandez, Consuelo Carreto Valencia, and Maria De Los Angeles
Velasquez Reyes. Among the indictments were, sex trafficking, immigrant smuggling, and
transportation for prostitution among several others. The longest sentence was over 50 years in
prison (US. v. Carreto et al). Trafficking is a truly heinous crime and the punishments are not
taken lightly especially in this case.
Legislation
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Human trafficking, unlike prostitution, is not legal anywhere in the world and is considered to be
a modern form of slavery. There are several laws and codes both nationally and on a state level
that work to combat human trafficking.
The Trafficking Victims Protection Act (TVPA) of 2000 is the first comprehensive federal law to
address trafficking in persons.("What Is Human Trafficking," 2015)The law provides a threepronged approach that includes prevention, protection, and prosecution. The TVPA was
reauthorized through the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2003,
2005, 2008, and 2013.Some of the more important sections of the law are as follows:
SEC108. MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
(2)For the knowing commission of any act of sex trafficking involving force, fraud,
coercion, or in which the victim of sex trafficking is a child incapable of giving
meaningful consent, or of trafficking which includes rape or kidnapping or which causes
a death, the government of the country should prescribe punishment commensurate with
that for grave crimes, such as forcible sexual assault.
This section along with several others make it increasingly apparent of the severity of the crime
and compares into other crimes to further express the seriousness of trafficking. Among other
provisions of the act and the reauthorizations of the act are ways to reintegrate trafficking victims
back into society and ways to help they prosecute their aggressors. The act also provides
provisions for research to look for ways to further prevent trafficking.
Voluntarily Missing Persons
Many adults disappear for different reasons. They may be mad at their families (in most
instances, their family members don't even know they are upset), they feel emotional trapped by
an overbearing parent or spouse and figure that it is easier to disappear than face the issue.It can
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be more complicated, like the need to hide because of child support issues or crime or in some
cases the person may not even realize that they have gone off the grid so to speak. Voluntarily
missing people are possibly the most difficult to address because there is not malice in their
disappearance. With no foul play or ill-intent, the authorities cant do much for the families of
the missing person.
Reasoning
People may choose to go missing for any number of reasons. Once people choose to go
missing, they very resourcefully used physical, natural and built environments to shelter, rest,
hide and travel. Many people remain relatively local to where they disappeared from, suggesting
they want to be missing but also know where they are in relation to familiar places.("New
Research Casts Light on Adults Who Choose to Go Missing," 2013)The line between a
voluntarily missing person and a runaway is an extremely thin one and eventually will boil down
to one key factor, age. For the same reason children chose to runaway an adult could choose to
go missing ("Missing Persons of America: When an Adult Is Voluntarily Missing," 2014). It is
also argued that going missing voluntarily can be a way to avoid suicide. The feelings associate
with suicidal persons which can include lack of motivation and no sense of belonging are also
prevalent in those who go voluntarily missing. One key difference being that those who choose
to go missing feel like they can change that feeling by starting over.
Case
People who are voluntarily missing dont always realize that people are looking for them.
Dashon Johnson, a 27-year-old male from New Jersey left Virginia Beach sometime in 2013
after visiting his father, his step-mother, his half-brother, and half-sister. It wouldnt be until
Thanksgiving of 2015 when his family would hear from him again. Dashon hadnt thought to
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contact his family even though he had regularly been in contact with them in years prior. His
family had assumed the worst and for the first few months after hearing nothing from him began
to call around. When they discovered that no one had heard from him they felt as though they
could do nothing but sit an wait for him to call or text. Dashon contacted his sister, on
Thanksgiving as if it had not been two years since thy had last spoken. Dashon didnt even
realize he had disappeared out of his familys life.
This is the case for several people. Sometimes befallen by hardship and ashamed to tell
their families or unable to contact them, people go off the grid all the time. The most frustrating
part about voluntarily missing people is that you the reason for their disappearance usually is not
discovered until they reappear.
Legality
It is not a crime to go missing. It may be an emotional crime to just disappear and not let
your family know what has happened to you, but it is not a crime, and if you are over 18 years of
age in most states, you can just disappear. Police walk a very thin line. It is not always clear if
the adult disappearance is intentional or not. With no evidence of crime, police cannot get a
search warrant that will allow them to get account information for their internet or cell phone. If
they do decide it is voluntary, based mostly on the fact that there is no sign of foul play, police
departments will not put all their resources into finding that person.The best bet to find someone
who has left voluntarily would be to hire a private investigator or to look into the disappearance
with what resources are available, because without an insinuating circumstance, law enforcement
cannot get involved.
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Possible Solutions
Missing persons is a topic that cannot be defined by one kind of person, because the
reality behind it is, that there are several reasons as to why people go missing. However, it is
inherent that people are aware that those who are kidnapped arent the only ones who constitute
as missing. People are being taken all the time, but the motives are not all the same. Likewise,
sometimes there is no motive and people choose go off the grid on their own accord. Being able
to recognize different categories of abduction and understand motives is the first step to
prevention. The next would be to raise awareness. Awareness is the number one way to make
children and adults aware of the threat of having their freedom taken. Traffickers often use
coercion to gain trust of victims, however if people know what to lookout for abduction and
trafficking rates would surely fall. Legislation has come a long way in helping to make
regulations and punishments much stricter and through a combination of recognizing,
understanding, and prevention we will surely be able to make the disappeared reappear.
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