Human Trafficking - Human Trafficking and Sexual Exploitation

Human Trafficking and Sexual Exploitation

There is no universally accepted definition of trafficking for sexual exploitation. The term encompasses the organized movement of people, usually women, between countries and within countries for sex work with the use of physical coercion, deception and bondage through forced debt. However, the issue becomes contentious when the element of coercion is removed from the definition to incorporate facilitating the willing involvement in prostitution. For example, in the United Kingdom, The Sexual Offenses Act, 2003 incorporated trafficking for sexual exploitation but did not require those committing the offence to use coercion, deception or force, so that it also includes any person who enters the UK to carry out sex work with consent as having been trafficked. In addition, any minor involved in a commercial sex act in the United States while under the age of 18 qualifies as a trafficking victim, even if no movement is involved, under the definition of Severe Forms of Trafficking in Persons, in the U.S. Trafficking Victims Protection Act of 2000.

A 2011 paper published in Human Rights Review, “Sex Trafficking: Trends, Challenges and Limitations of International Law,” notes that, since 2000, the number of sex-trafficking victims has risen while costs associated with trafficking have declined: “Coupled with the fact that trafficked sex slaves are the single most profitable type of slave, costing on average $1,895 each but generating $29,210 annually, leads to stark predictions about the likely growth in commercial sex slavery in the future.” In 2008, 12.3 million individuals were classified as “forced laborers, bonded laborers or sex-trafficking victims,” the study states. Approximately 1.39 million of these individuals worked as commercial sex slaves, with women and girls comprising 98%, or 1.36 million, of this population.

The international Save the Children organization stated: "... The issue, however, gets mired in controversy and confusion when prostitution too is considered as a violation of the basic human rights of both adult women and minors, and equal to sexual exploitation per se. ... trafficking and prostitution become conflated with each other. .... On account of the historical conflation of trafficking and prostitution both legally and in popular understanding, an overwhelming degree of effort and interventions of anti-trafficking groups are concentrated on trafficking into prostitution."

Sexual trafficking includes coercing a migrant into a sexual act as a condition of allowing or arranging the migration. Sexual trafficking uses physical coercion, deception and bondage incurred through forced debt. Trafficked women and children, for instance, are often promised work in the domestic or service industry, but instead are usually taken to brothels where their passports and other identification papers are confiscated. They may be beaten or locked up and promised their freedom only after earning – through prostitution – their purchase price, as well as their travel and visa costs.

The main motive of a woman (in some cases, an underage girl) to accept an offer from a trafficker is better financial opportunities for herself or her family. In many cases, traffickers initially offer ‘legitimate’ work or the promise of an opportunity to study. The main types of work offered are in the catering and hotel industry, in bars and clubs, modeling contracts, or au pair work. Traffickers sometimes use offers of marriage, threats, intimidation and kidnapping as means of obtaining victims. In the majority of cases, the women end up in prostitution. Also some (migrating) prostitutes become victims of human trafficking. Some women know they will be working as prostitutes, but they have an inaccurate view of the circumstances and the conditions of the work in their country of destination.

Trafficking victims are also exposed to different psychological problems. They suffer social alienation in the host and home countries. Stigmatization, social exclusion, and intolerance make reintegration into local communities difficult. The governments offer little assistance and social services to trafficked victims upon their return. As the victims are also pushed into drug trafficking, many of them face criminal sanctions.

The Yogyakarta Principles, document on international human rights law on sexual orientation and gender identity also affirm that "States shall (c) establish legal, educational and social measures, service and programs to address factors that increase vulnerability to trafficking, sale and all forms of exploitation, including but not limited to sexual exploitation, on the grounds of actual or perceived sexual orientation or gender identity, including such factors as social exclusion, discrimination, rejection by families or cultural communities, lack of financial independence, homelessness, discriminatory social attitudes leading to low self-esteem, and lack of protection from discrimination in access to housing accommodation, employment and social services.