Human Trafficking for Criminal Exploitation: The Failure to Identify Victims

Human trafficking for criminal exploitation is one of the lesser-known forms of human trafficking. The failure of the criminal justice system to identify the victims of this type of trafficking can lead to a failure to take the victim-centred approach to trafficking espoused in the international legal instruments that regulate the matter, an approach that emphasises the protection of victims and respect for their rights. In light of earlier findings of the existence of unidentified victims of human trafficking for criminal exploitation in several European countries — the UK, Ireland, Spain, the Czech Republic and the Netherlands — a qualitative study was conducted, consisting of 37 in-depth interviews with practising criminal justice professionals and victim service providers in Spain. Because undetected victims of human trafficking for criminal exploitation are usually treated as offenders, the main aim of this research with professionals was to determine the causes of the criminal justice system’s failure to identify the victims of this specific form of trafficking in order to prevent them from remaining hidden victims.     

Human trafficking and criminal investigation strategies in the Amsterdam Red Light District

The subject of human trafficking has recently received a lot of attention from society and the world of politics. The criminal-law approach to human trafficking has also been placed high on the agenda of law enforcers. Human trafficking is, however, a complex crime with several specific characteristics. For example, there is often a complex relationship between victims and perpetrators of human trafficking and victims are often too afraid to file a report. How do the police and the judicial authorities work in the investigation of human trafficking in view of the specific characteristics of human trafficking? What choices are made in practice and what different police investigative strategies can be distinguished? What opportunities and risks are inherent in the choices made? In this article we answer these questions on the basis of four large scale police investigations into human trafficking that we studied closely. The four criminal cases all focused on violent groups of human traffickers that operated in the Amsterdam window prostitution. All criminal cases have since been concluded (in first instance). It turned out that in each of the four investigations the relevant police team applied a different investigative strategy: one investigation focused primarily on the victim statements, one investigation focused on public nuisance, one investigation focused on the evidence against the criminal organisation and one investigation focused on the offences (evidence concerning the exploitation of prostitutes). In this article we compare the four strategies applied and consider the consequences of each strategy for the course of the investigation and the criminal prosecution and what dilemma’s are faced in each strategy. Although the various investigations cannot be easily compared and a uniform ‘best’ strategy cannot be designated, the comparison does show that some choices or decisions entail great opportunities or great risks as regards the successful investigation and prosecution of human trafficking. It concerns, for example, the choice of involving local investigative services (district police) or the choice for short-term or, as the case may be, longer-running investigations.     

Human trafficking and criminal proceedings in Portugal: discourses of professionals in the justice system

Since the adoption of the UN Trafficking Protocol in 2000, the predominant approach to combat human trafficking has been based on the criminalization of traffickers in conjunction with a concern for victims’ protection. However, few empirical studies considered the effectiveness of those measures, which makes it difficult to understand why criminal cases of human trafficking generally result in few convictions. In Portugal, recent legislative changes have made the legal framework on human trafficking more comprehensive, inclusive and convergent with European directives. The effects of the implementation of those legislative changes on investigation and prosecution are still overlooked. The present study analyses the discourses of justice system professionals that concern the investigation and prosecution of human trafficking. It examines and identifies the factors that, in their perspective, block the recognition of the typifying elements of the crime of human trafficking and create obstacles to the prosecution and conviction of those crimes. Our findings suggest that legislative advances recognized by the participants need to be accompanied by other changes, some of a more systemic nature and others that are more specific. An efficient criminal procedure should include better legal phrasing of the means of evidence of human trafficking that is supported by objective instruments for this to be considered valid; the centralization of proof that the testimony of the victim has to overcome; specialized professional training of an ongoing nature; an efficient cooperation between the various law enforcement agencies at the national and international levels, with public prosecution services and magistrates; a greater clarification of the condition of the special vulnerability of victims and an informed perspective regarding the global nature of the phenomenon of human trafficking, one that is also sensitive towards the victim (e.g., in relation to the victims’ vulnerability, illegal status, and their difficulties in terms of social and cultural integration).     

The harms of human trafficking: demonstrating the applicability and value of a new framework for systematic,empirical analysis

This article uses human trafficking in Belgium to test a newly developed framework for assessing the harms of crime that has been applied previously to cocaine trafficking in the same country. We chose this criminal activity because of its policy relevance and to address apparent needs for systematic, evidence-based analysis. The framework uses quantitative and qualitative evidence to assess harms to individuals, private-sector entities, and others and to establish crime control priorities. The assessment process models the activity, evaluates the severity and incidence of harms, ranks priorities, and considers causality. We highlight three findings. First, trafficking victims can experience catastrophic harms, but the overall dimensions of human trafficking in Belgium appear to be modest. Second, the evidence suggests significant recent declines in the degree of exploitation and use of violence. Third, most harms to individual victims result directly from the activity, which sets it apart from other forms of trafficking.     

Perception vs. Reality: The Relationship Between Organized Crime and Human Trafficking in Metropolitan Atlanta

Since the enactment of the Trafficking Victims Protection Act of 2000, there has been an increase in both media and scholarly discussions of human trafficking. Although most of these discussions have framed human trafficking as a crime committed primarily by organized crime groups, there has been very little empirical research examining the link between human trafficking and organized crime. In an effort to start to address this gap in the research, we conduct an exploratory study to determine if there is a link between human trafficking and organized crime in one of the Southeast’s human trafficking hubs – Atlanta, Georgia. We collected data on 24 federal human trafficking cases that were indicted in metropolitan Atlanta between 2000 and 2013. Then, we conducted a content analysis of the court documents for each federal human trafficking case and classified the relationship between organized crime and human trafficking using one of three categories: nonexistent, organized criminal network, organized criminal syndicate. For the majority of the human trafficking cases (n = 16), we found that there was no relationship between organized crime and human trafficking. For the cases that did show a relationship between organized crime and human trafficking, we found evidence of organized criminal networks in eight of the cases and evidence of an organized criminal syndicate in only one case.     

Where are all the victims?

Research Summary The passage of new laws that criminalize the trafficking of persons for labor and sexual services has raised public awareness about the problem of human trafficking. In response, police must understand the problem, identify human trafficking victims, and make arrests. The numbers of victims identified to date, however, has paled in comparison with official estimates, which leads some to question the existence of a human trafficking problem. Missing from this debate is information about how frequently police encounter human trafficking and how well prepared officers are to handle these cases. Analyzing survey responses from a national sample of police agencies in the United States, we found that less than 10% of police agencies identified human trafficking cases from 2000 to 2006. Larger agencies were more likely to identify cases of human trafficking but the agency leader perception about the problem in their local communities as well as taking steps to prepare officers to identify and respond were the most important factors to increasing human trafficking identification by police. Policy Implications This study provides much needed information about why U.S. officials have identified so few human trafficking victims. By understanding how often and under what conditions police find, investigate, and prosecute cases of human trafficking we will be in a better position to identify and overcome barriers to police responses to trafficking and understand the limitations of official statistics about human trafficking. Data from a national survey also provide a baseline measure of police identification of human trafficking against which we can gauge the progress of future anti-trafficking efforts.     

Hardened professional criminals,or just friends and relatives? The diversity of offenders in human trafficking

ABSTRACT

Human trafficking has been extensively discussed, studied and debated over the past 20 years, but many misleading images and stereotypes still exist regarding trafficking, its victims and its perpetrators. Trafficking is often framed as a problem of organised crime. The article problematises (1) the stereotypical images of perpetrators and (2) the involvement of organised crime in human trafficking, particularly in Finland, drawing on court cases that deal with trafficking in human beings. The article analyses, on the one hand, the characteristics of detected traffickers by reflecting the findings against the image of the ideal offender and, on the other hand, the role and involvement of organised crime in human trafficking. The article concludes that most convicted traffickers are not so-called ideal offenders. The variety of traffickers involved in the cases studied does not correspond very well to the rather stereotypical and oversimplified image of traffickers and ideal offenders.     

Criminalizing Health-Related Behaviors Dangerous to Others? Disease Transmission, Transmission-Facilitation, and the Importance of Trust

Statutes criminalizing behavior that risks transmission of HIV/AIDS exemplify use of the criminal law against individuals who are victims of infectious disease. These statutes, despite their frequency, are misguided in terms of the goals of the criminal law and the public health aim of reducing overall burdens of disease, for at least three important reasons. First, they identify individual offenders for punishment, a paradigm that is misplaced in the most typical contexts of transmission of infectious disease and even for HIV/AIDS, despite claims of AIDS exceptionalism. Second, although there are examples of individuals who transmit infectious disease in a manner that fits the criminal law paradigm of identification of individual offenders for deterrence or retribution, these examples are limited and can be accommodated by existing criminal laws not devoted specifically to infectious disease. Third, and most importantly, the current criminal laws regarding HIV/AIDS, like many other criminal laws applied to infectious disease transmission, have been misguided in focusing on punishment of the diseased individual as a wrongful transmitter. Instead of individual offenders, activities that enhance the scale of disease transmission—behaviors that might be characterized as ‘transmission facilitation’—are a more appropriate target for the criminal law. Examples are trafficking in human beings (including sex trafficking, organ trafficking, and labor trafficking), suppression of information about the emergence of infection in circumstances in which there is a legally established obligation to disclose, and intentional or reckless activities to discourage disease treatment or prevention. Difficulties remain with justifications for criminalizing even these behaviors, however, most importantly the need for trust in reducing overall burdens of disease, problems in identifying individual responsible offenders, and potential misalignment between static criminal law and the changing nature of infectious disease.     

Long-term criminal justice response to human trafficking in south africa: an impossible mission

ABSTRACT

This article explores the propriety of long-term efforts of the South African criminal justice system in combating human trafficking. Though a crime of global dimension, human trafficking has been a reverberating issue of concern to the South African State. Steps have been taken by the State to address this menace, especially from the legal standpoint, and the enlistment of human trafficking among crimes that require an effective criminal justice approach to deal with; yet, the menace has persisted. From a broader doctoral study, using qualitative method, it was discovered (amongst others) that as currently structured, the South African criminal justice system cannot effect a long-term combating strategies against human trafficking. Findings also indicate that the solution to the precipitating factors that fuel the trade in human commodity lies outside the scope and mandate of the criminal justice system. The study further recommends that for an effective response, it is expedient for the State to first address the socio-economic, cultural and political nuances that fuel the trade, rather than mount impracticable pressure on its criminal justice institutions to perform an unrealistic task.     

The problem of human trafficking in the U.S.: Public frames and policy responses

Nine years after the passage of federal anti-trafficking legislation in the United States, fewer incidents of trafficking have been identified than original estimates of the problem predicted. Some scholars and commentators suggest that changes in the public framing of the trafficking problem aimed at advancing particular agendas are to blame. Yet no studies to date had measured such a reframing process and its attendant consequences. Using a natural history of social problems model (Spector & Kitsuse, 1973) as the theoretical framework to examine the framing of trafficking, this study analyzed text from U.S. newspaper articles about human trafficking from 1990 to 2006. Findings suggest the public framing of human trafficking has changed over time corresponding with the adoption of policies focused on national security and the identification, apprehension, and criminal prosecution of trafficking perpetrators. Challenges following such definitional shifts are discussed.     

Justice for victims of human trafficking in Australia? Issues associated with Australia’s criminal justice response to trafficking in persons

Australia has witnessed an increase in human trafficking cases in recent years, most of which have involved women trafficked for sexual exploitation. In response, and within the framework of the United Nations Protocol to Prevent and Suppress Trafficking in Persons, especially Women and Children, Australia has introduced legislation to combat human trafficking and punish traffickers. However, the number of prosecutions of human trafficking offences in Australia has, to date, been low. Drawing on the available literature, this article sets out to explore the reasons for this, which the paper argues have largely centered on Australia’s previously restrictive visa framework for trafficking victims. The paper also explores other obstacles and barriers to successful prosecutions, such as issues associated with discrediting and attacking vulnerable witnesses, and lengthy and complex trials. The paper argues that Australia needs to increase its efforts to meet the obligations set out by the United Nations Recommended Principles and Guidelines on Human Rights and Human Trafficking, and to balance its priorities regarding prosecution and victim protection.     

Victims,sex workers and perpetrators: gray areas in the trafficking of nigerian women

Some Nigerian women entrepreneurs of the Italian sex market were trafficked women in the past who made a career in the trafficking hierarchy and its organized crime groups. The female mobility towards the organizational side of the trafficking offense represents the most striking characteristic of the Nigerian trade industry: in fact, the trafficking victims are driven by their persecutors to take an active part in the trafficking offenses over time. This criminal modus operandi explains why several difficulties arise in defining sharp dividing lines between trafficking victims and trafficking perpetrators. Facing such a distinctive issue, this paper wants to highlight the multiple roles that women hold in the trafficking industry by focusing on: a) the gray areas in the Nigerian trade industry; b) the intermediate roles that individuals hold within the victim/offender model; c) the female vertical mobility in the trafficking hierarchy. Thanks to such an analysis, the author wants to overcome dominant binary approaches (mostly based on the victim/perpetrator dichotomy) in the analysis of Nigerian trade industry.     

Hot spot trafficking: a theoretical discussion of the potential problems associated with targeted policing and the eradication of sex trafficking in the United States

Throughout the United States, legal professionals and advocates have taken measures to address the access to victims of sex trafficking. A commonly accepted practice has been to advocate for the removal of ‘sex for sale’ advertising in free media such as Craigslist and Backpage. Although this action against the solicitation of prostitution has been celebrated by many advocates and legal professionals, the removal of such advertisements does not directly affect the prevalence of sex trafficking. In fact, displacement theory suggests that the removal of solicitation advertisements and targeted policing forces traffickers to simply advertise elsewhere or become more creative in selling the victims, thereby concealing the act of sex trafficking and making it less identifiable. Although we do not advocate for the maintenance of ‘sex for sale’ advertisements, the process of removing these ads is counterproductive, having little positive impact on the incidence of sex trafficking in the United States. Rather, it forces both traffickers and victims to bury deeper in the already hidden world of sex trafficking. Policy implications derived from criminal displacement theory and research are provided.     

Stateless Crimes,Legitimacy, and International Criminal Law: The Case of Organ Trafficking

Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide or crimes against humanity. Although the United States Code characterizes trafficking as “a transnational crime with national implications,” (22 U.S.C. § 7101(b)(24) (2010)), trafficking is rarely prosecuted in domestic courts. It has thus functioned in practice largely as what might be judged a “stateless” offense, out of the purview of both international and national courts. Yet these forms of organ trafficking remain widespread—and devastating to those who are its victims. In this article, we begin by describing what is known about the extent of organ trafficking and trafficking in persons for the purpose of removal of organs. We then critically evaluate how and why such trafficking has remained largely unaddressed by both international and domestic criminal law regimes. This state of affairs, we argue, presents a missed chance for developing the legitimacy of international criminal law and an illustration of how far current international legal institutions remain from ideal justice.     

Human trafficking and police governance

Abstract

Human trafficking in its various forms continues to offer significant challenges for law enforcement agencies. There is a growing body of research that addresses some of the police governance and management issues associated with the prevention and control of human trafficking and the protection of victims of this type of crime. This article reviews the literature on the implementation of effective detection, investigation, prosecution, and victim protection strategies; the need for more effective international cooperation; and, the struggle to keep up with the illusive criminal organizations and networks that often defy law enforcement tactics. It also considers some of the specific challenges that result from the frequent conflation of human trafficking enforcement with immigration control strategies. It offers a few suggestions on how these issues may be addressed from a police governance standpoint and concludes with a call for better data on human trafficking and the relative effectiveness of different law enforcement strategies.     

欧盟跨国拐卖人口犯罪管控研究

跨国拐卖人口犯罪是当今世界共同面临的重大犯罪问题,已成为全球第三大非法获利来源,被国际刑警组织称为“世界上增长最快的犯罪”。欧洲,长期以来已经成为世界人口贩卖的最大目的地。跨国拐卖人口这种21世纪的奴役形式严重损害了受害人的身心健康和人格尊严,严重地干扰了国际社会的正常社会秩序。上世纪八十年代末,跨国拐卖人口对国际组织和各国政府尚属边缘问题时,欧盟就开始对其进行研究,并积极考虑遏制对策、开展具体实践。几十年来,打击跨国拐卖人口犯罪已成为欧盟人权战略的一个重要特征。欧盟致力于在国内和世界各地使用“3P”做法来打击跨国拐卖人口犯罪：起诉贩运者,保护受害者以及预防未来犯罪。在打击、预防跨国拐卖人口犯罪过程中务实高效,立法和机制建设也比较成熟。近些年来,我国急剧上升的拐卖人口犯罪出现了一些新的特点。欧盟的做法为我国有效预防、依法打击拐卖人口犯罪,积极救助、妥善安置被拐卖受害人提供了样板和借鉴。     

Explaining the under-performance of the anti-human-trafficking campaign: experience from the United States and Europe

The American and the global campaigns against the trafficking of humans for labor and for sexual exploitation have had more than a decade of time and millions of dollars of support in an effort to suppress trafficking and protect its victims. Four of the six articles in this issue explore the reasons why the campaign in the United States has not had more instrumental success with respect to its prosecution goals. The number of cases brought and convictions obtained are fewer than what might be expected. Most of the cases brought involve sex trafficking. The less than impressive record of enforcement against human trafficking appears to be another example of how even very popular law reforms and crusades can be cooled out by the social realities of the criminal justice system. Sex trafficking cases are difficult to make because the victims are difficult to work with, juries are unsympathetic, and the police, prosecutors, judges have their own priorities. The article on the attempt to eliminate sex trafficking by switching to a policy of regulating prostitution rather than treating it as a crime indicates that policy change did not succeed. An attempt to create an index for assessing the implementation of anti-trafficking programs was successful.     

Policing prostitution in an era of human trafficking enforcement

Prostitution and commercialized vice have been variously prioritized as urban crime problems across U.S. history. In response, lawmakers have historically been guided by a prohibititionst view where people selling, buying or facilitating the sale of sex are considered to be immoral and criminal. In recent years, public concern about the trafficking of persons for sex has reframed prostitution and the expectations of government response. The U.S. federal government and all fifty states have passed legislation that is guided by an abolitionist view of prostitution where people who are forced or coerced to sell sex are redefined as victims. State, county and municipal police officers are now receiving training on how to identify human trafficking cases and investigators are being trained to investigate and prepare cases for prosecution. Despite these efforts under the new legal regime, confusion exists about how sex trafficking differs from prostitution and correspondingly necessitates different types of law enforcement responses. Adding to this complication is the fact that in many major cities the responsibility for identifying and eradicating human trafficking has fallen to the same group of investigators who are responsible for enforcing vice and prostitution laws. As a result, prostitution enforcement is expected to change as police increasingly focus on identifying sex trafficking victims. Using data on police arrests for prostitution from 1980 to 2012, we examine the impact of federal and state anti-trafficking legislation on the local enforcement of prostitution. Our findings inform debate about legal reform as a response to urban crime problems and illustrate the complexities of policy implementation and interpretation.     

(Re)configuring the criminal justice response to human trafficking: a complex-systems perspective

Abstract

The multidimensional complexities associated with the criminal justice response to human trafficking are well documented. The transient and subversive nature of human trafficking as organised crime and the large number of multidisciplinary role-players involved in coordinating cross jurisdictional efforts to prevent, investigate and prosecute such cases, contribute to this complex undertaking. Complex systems theory suggests that a complex social problem such as human trafficking cannot be approached by using a linear or simplified lens, and requires a holistic perspective on the complex interactions between actors, and emergent behaviour in both the criminal justice system and the human trafficking system that it seeks to combat. This paper explores the characteristics of complexity, and uses illustrations from the lived experiences of actors in South Africa’s efforts to combat human trafficking, in order to demonstrate how complex systems theory could be considered and integrated into the criminal justice response to human trafficking.