SEX TRAFFICKING: AN INTRODUCTION Chapter 1

What is Human Trafficking? The U.N. Protocol to Prevent, Suppress, and Punish Trafficking in Persons, commonly referred to as the Palermo Protocol, Article 3 paragraph (a), defines human trafficking as: “the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs…” This definition includes multiple types of human trafficking, including sex trafficking

Look closely at the phrasing. “…abuse of power or of a position of vulnerability…” and “at a minimum” have resulted in contentious debates. Can you guess why? The U.N. definition is voluntary international legislation, intended to be used as a guide for nations to develop their own legislation (More on that in Chapter 9…)

U.S. TVPA The United States developed the federal Trafficking Victims Protection Act (TVPA) in the same year as the Palermo Protocol. According to the TVPA, a severe form of trafficking is currently defined as: “a) A commercial sex act induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or b) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery (TVPA, Section 103, 8a and 8b).”

Question What are some limitations to the definition of sex trafficking in the United States?

Common Misconceptions Smuggling Migration Sex Trafficking A majority of sex trafficking in the U.S. is domestic Movement is not required

Common Misconceptions Physical restraint is uncommon Abduction and kidnapping are also uncommon, and compose a minority of cases A majority of cases involve psychological bonds or other bonds (more on that in chapter 5…)

Common Misconceptions Continuum of Choice, Victimization, and Agency Victimization ---------------------------- Agency Sex Trafficking Commercial Sexual Exploitation Sex Work

Continuum of Choice, Victimization, and Agency Sex Trafficking Commercial Sexual Exploitation Sex Work These are overlapping and fluid categories Agency and victimization are present in varying levels along the continuum

Prevalence Prosecution rates Arrest rates Social Services data Researchers Methodological/Definitional Challenges *Prevalence remains unclear

Supply, Demand, and Profitability Supply/Demand perspective Salary varies with size and nature of operation Risk is somewhat mitigated

Discussion Questions 1. What are the distinctions between smuggling, migration, and trafficking? In what ways may they be interrelated? Include dynamics of consent, legality, and movement. 2. Where do we get our information about sex trafficking from? What are some challenges to estimating sex trafficking prevalence based upon these sources? 3. Is the information in this chapter consistent with what you thought you knew about sex trafficking? Why or why not? 4. How does our media impact our perceptions of sex trafficking?