15 Apr 08
PowerPoint presentation →
15 Apr 08

The Human Sex Slave Trade

By: Adam Barsky, Kerry Hughes, Diane Kildea and David Urban

International Efforts to Combat Sex Trafficking

The international community has denounced sex trafficking for its serious human rights violations, and has created numerous multilateral treaties in its effort to eradicate this problem. Early international treaties were created to confront this problem using an abolitionist model. In our modern era, the UN has used a human rights model to create international legislation on trafficking. In 2000, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, was created as a supplement to the UN Convention against Transnational Organized Crime. This tool has been lauded for its comprehensive approach detailing countries of origin, transit, and destination.

The UN Office of the High Commissioner on Human Rights has also been actively involved the fight against trafficking. It created the position of Special Rapporteur on Trafficking in Persons in 2004 to collect information, and published a report containing recommendations entitled Principles and Guidelines on Human Rights and Trafficking (2002). Although these steps on the international level have been effective, the only way to truly eliminate sex trafficking is through a joint effort between international and domestic laws.

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The US officially began monitoring human sex trafficking in 1994 in the US State Department’s Annual Report on Human Rights. In 1998, the Clinton Administration began developing a national strategy to combat human trafficking. President Clinton’s efforts led the US to pass the Victims of Trafficking and Violence Protection Act of 2000, increasing research of victims and increasing penalties for traffickers. Three years later, the Bush Administration reauthorized the act and increased funding to combat the crime. President Bush also signed the PROTECT Act in 2003, making it illegal for Americans to travel abroad to have sex with a minor. US and UN policies currently favor prohibition tactics for combating prostitution, but Germany and the Netherlands’ effective legalization and regulation of the trade has brought uncertainty as to which strategy is more effective.

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A More Critical Look at U.S. Efforts (NGO’s):

The U.S. TIPs report analyzes and compiles information on other countries’ efforts, or lack thereof, in combating human trafficking. However, the report does not apply the same scrutiny to efforts within the United States. In order to gain insight on US efforts, the best resources are non-governmental organizations (NGOs). These organizations research human trafficking on both national and international levels, and educate the public to help prevent future abuses. NGO’s also reach out to victims by establishing hotlines and by advocating at local and international levels in order to broaden and strengthen existing policies. The Polaris Project, in particular, attempts to conduct a TIPs-like analysis focusing on U.S. legislation and policy. NGOs will play an important role in protecting the rights of future victims because they are not easily influenced by a country’s political agenda.

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How to Represent a Trafficked Client

These are the basic procedural steps an attorney should take when representing a victim of human sex trafficking. An attorney should first procure a T visa, which provides a victim with temporary amnesty necessary to assist law enforcement agencies, and protection from international traffickers. Next, an attorney should prepare their client to assist local and federal law enforcement in prosecuting their trafficker. This requires the attorney to assemble an affidavit, summary of law, and evidentiary materials. The ultimate goal of the representation should be to comfort the client through all procedural aspects of their case.

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