The violence of Hmong gangs and the crime of rape.

Throughout the United States, the number of Hmong gangs and the level of their criminal activity is increasing in severity. Their participation in criminal activity has evolved over time. During that evolution, they have become involved in a wide range of crimes, such as homicides, gang rapes, prostitution, home invasions, burglaries, auto thefts, and, most recently, the sale and distribution of illicit drugs.

The crime of rape, however, with its violent nature, its strong incorporation into the gang's operational structure, and the serious implications for the victim and the overall Hmong community, represents a particular concern to the law enforcement profession and requires a special focus to find ways of decreasing its occurrence. To this end, the law enforcement community must examine the unique structure of Hmong gangs, including their historical and cultural influences, and the characteristics of the "ritual" use of rape by these gangs and the impact on the victims. (1)

Exploring Hmong Gang Structure

The Hmong gangs started forming in St. Paul and Ramsey County, Minnesota, in the mid-1980s. (2) The first Hmong gang in Minnesota, the Cobra gang, began as a group of teenage friends who played on a soccer team. At the time, the majority lived in housing projects and banded together to protect themselves and other Hmong youth from the racism occurring in their schools and neighborhoods. Eventually, some members of the Cobra soccer team became involved in crimes, leading to the evolution of the Cobra gang. These crimes started out as fights, thefts, and other minor crimes, but soon led to more serious crimes, such as auto theft and aggravated assault.

Around 1988, some 10-and 11-year-old Hmong youths wanted to become members of the Cobra gang. After being told that they were too young, they decided to start their own gang, the White Tigers. The White Tiger gang was, perhaps, the first Hmong gang to break into gun shops to obtain weapons. They would steal a car, drive it through the front door of a gun shop, and have individuals go into the store, break the glass out of the gun cases, and scoop guns (usually only semiautomatic handguns) into a bag. In just a few minutes, the gang could acquire 20 to 30 guns. With these weapons, the White Tigers became the first of the active and violent Hmong gangs in Minnesota.

In addition to these two gangs, several others, such as the Oroville Mono Boys, Oriental Ruthless Boys, and Asian Crips, exist in Minnesota and throughout the country. These gangs, comprised of many members, operate in California, North and South Carolina, Rhode Island, Washington, Oregon, Colorado, Michigan, Ohio, and Wisconsin.

Because Hmong gangs are not as organized as African-American and Hispanic gangs in leadership and rank structure, their members do not need to ask a leader for permission before committing a crime. In fact, some members of the gang may not know that their own members have perpetrated a crime.

In addition, Hmong gangs often resort to violence, as was the case in the St. Paul/Minneapolis area during the summer of 1999. Within about a 6-week period, at least 22 reported shootings resulted in two deaths and 14 injuries. The majority of these shootings occurred among four rival gangs, the White Tigers, Oroville Mono Boys, Purple Brothers, and Oriental Ruthless Boys. This violence primarily resulted from the abundant availability of guns within the gangs and the need to "save face" by not backing down or showing weakness to a rival gang.

Moreover, Hmong gangs have considerable mobility. It is not uncommon for gang members to drive from California to North Carolina, stopping en route to visit fellow gang members in other states, such as Minnesota or Wisconsin. Many times, these gangs transport guns to another state and commit crimes in transit. Because of this mobility, law enforcement agencies investigating these gangs must maintain a high level of communication to effectively track gang activity.

Understanding the Role of Rape

In addition to their violent tendencies toward rival gang members, the Hmong gangs also present a violent threat to people who are not members of gangs. The most frequent and violent crimes against nongang members are rape and prostitution.

Since 1997, authorities have received reports of several gang rapes, kidnappings, prostitution rings, and other violent sexual assaults involving Hmong gang members. The majority of the victims in these incidents are juvenile Hmong females. For example, during the fall of 1997, St. Paul officers conducted an investigation involving members of three Hmong gangs meeting juvenile Hmong females on the "G-Line" (a message service using an access code where individuals can leave messages and others can listen to them). Mainly used by gang members who would call and disrespect rival gangs, the service also attracted young females who would call to listen to the messages. In such cases, some of the victims, 12 to 15 years old, arranged to meet the gang members from the "G-Line." The victims went willingly with the males, but, in one case, the victim was kidnapped. The girls thought that they were just going for a ride or to a party. Instead, gang members took them to an attic of a garage or a house, turned off the li ghts or put a blanket over their heads, and raped them. The gang members called this "doing the Ninja" as the victim could not identify who had sexually assaulted her. Several different cases, with multiple victims, occurred over a period of time. However, the first victims did not report the assault until several days later, and the other victims had to be located and asked to make police reports. Gaining the trust of the victims and working in the Hmong community eventually led authorities to arrest and obtain convictions of eight members of three different gangs.

While other such incidents occurred in Minnesota, the mobility of Hmong gangs resulted in similar crimes in other states. For example, in Warren, Michigan, several members of a Hmong gang were arrested for repeatedly raping teenage girls who they had held prisoner for nearly 3 weeks. The gang had kidnapped some of the girls and also had transported others from state to state and prostituted them. The victims came from Minnesota, Wisconsin, and Michigan.

Also, authorities in Fresno, California, uncovered a similar case when the first three victims, 12to 14-year-old Hmong girls, came forward in April 1998. Members of the gang held the girls for 2 days at a local motel. After further investigation, officers discovered several other victims who agreed to come forward. Investigators identified a total of 33 victims between January 1997 and April 1998. The gang had held the victims anywhere from 2 days to 3 months.

The lead investigator stated that the case was so large that officials had to pursue it in three phases. (3) In the first phase, the grand jury handed down 350 indictments on 14 suspects. Eleven of the suspects pled guilty and received sentences ranging from 17 to 31 years in prison. Two other gang members got 280 years and 4 months and 94 years and 4 months, respectively, in prison. The second phase consisted of the grand jury handing down a 323-count indictment and several of the suspects pleading guilty. The third phase included 9 victims and 20 suspects, in which the grand jury handed down an 826-count indictment. Several suspects pled guilty and others were found guilty. The lead investigator also said that during the 2-year investigation, 10 percent of the victims stayed with the gang and were not threatened by its members. The rest were lured, kidnapped, and forced into unwilling participants. The gang held the victims against their will, repeatedly raped them, and forced them into prostitution. Gang m embers displayed guns and beat and threatened those victims who tried to leave.

These cases represent just a small number of the known and reported gang rapes occurring across the country involving Hmong street gangs. What makes these cases so similar is that the victims were afraid to come forward and, in most cases, did so reluctantly. Also, other victims in the cases would not come forward. One of the reasons for this reluctance to come forward was fear of the gang members because they had produced guns, talked about the "shootings" they had been involved in, and threatened to assault the victims or kill their families if they talked. After the victims were raped, they feared being shunned by members of their families who now would consider them "damaged" or having "shamed" them. This reaction stems from the Hmong culture, which values virginity before marriage. If a girl is raped, others in the Hmong community may look down on her. The gang members also used this belief to their advantage. They told the victims that they were no good to their families and that the gang was now their family. "There is a double standard for Hmong girls, the blaming and shame is big, and the girls give up when they see they are not getting support from their family and the community." (4) Some of the victims stayed with the gang members even after they were raped. They felt that they had nowhere else to go because they feared their own families more than the gang members.

These gang rapes and prostitution of young females are happening everywhere, not just in large cities. "There is a market out there for young girls, and the Hmong community is not seeing this, they are not acknowledging it." (5)

Investigating Hmong Gang Rapes

Due to their violent behavior, high degree of mobility, and broad level of contacts around the country, Hmong gangs require law enforcement agencies to practice quality tactics and maintain adequate communication when conducting investigations. One of the most important aspects in the investigation of a gang rape involves what the street officer does at the scene. The street officer may not even know that a crime has occurred or may believe that some juveniles only have been drinking. All officers have responded to calls where they encounter a group of young males and females who have been drinking at a house or a motel. The difference in incidents involving Hmong females with older males is that there probably has been more happening than just drinking. Officers on the scene of such incidents should--

* compare the ages of the females to the ages of the males (11- to 13-year-old females in a room with adult or teenage males indicates a problem);

* separate the females from the males and from each other (the females may be more afraid of the police than of the males with them);

* ask the females their names, maybe more than once (they may lie because they are afraid to go home, or they may be runaways);

* ask the females how long they have been with the males in the room, how they know them, and where they met the males;

* question the males about who they are and how they know the females;

* search the room for evidence of sexual assaults, including condom wrappers, condoms, and blood on the mattresses;

* check the motel records to determine who rented the room; and

* note and photograph any gang graffiti (if officers are unsure whether a crime occurred, they should make every effort to ensure that they properly identify everyone, including photographing the people involved and the surroundings).

When assigned a gang rape or prostitution case involving a Hmong female victim, the investigator may face difficulties. The incident may have happened days or weeks earlier and little or no evidence may exist. The victim may be a runaway or may have left home willingly with a group of unknown males or gang members. Regardless, investigators must trust the victim, gain her trust, and not question her judgment in allowing herself to become a victim or not reporting the incident in a timely manner. The victim not only has been sexually assaulted and threatened but also faces possible cultural consequences. One 12-year-old victim stated, "I was given two choices; the gang would kill me if I talked, or I could just keep hanging out with the gang members and they could have sex with me when they wanted." She also said that she was afraid to tell anyone because, being Hmong, she was afraid of what her parents would do to her. She felt as though her parents would blame her for getting raped, yell at her, hit her, or, worse, kick her out of the house.

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.

Endnotes

(1.) The author based this article on the knowledge he has gained during 10 years of working in the Hmong community as a street officer and investigator. He has talked to hundreds of H Hmong gang members in custodial and noncustodial situations and investigated numerous crimes involving Hmong gangs, including homicides, assaults, rapes, and prostitution rings.

(2.) Originally from China, some Hmong left due to persecution and traveled to Vietnam and Laos around 1740. They fought alongside U.S. troops and rescued downed pilots during the war in Vietnam. This alliance resulted in persecution by the Vietnamese government, and many Hmong immigrated to the United States, first settling in California, Minnesota, and Wisconsin. With additional families immigrating to America, at least 36 states now have Hmong populations.

(3.) Detective Brenda Trobaugh, Fresno, California, Police Department.

(4.) Na Ly Yang, executive director of Women's Association of Hmong and Lao, in St. Paul, Minnesota.

(5.) Ibid.

(6.) Supra note 3.

(7.) These comments from various individuals connected with the case appeared in the July 14 and 15, 2000, issues of the Fresno Bee.