What Is Human Trafficking?
Taken from the Polaris Project.- www.polarisproject.org
Human trafficking is a form of modern-day slavery in which traffickers use force, fraud, or coercion to control victims for the purpose of engaging in commercial sex acts or labor services against their will. Traffickers use violence, threats, blackmail, false promises, deception, manipulation, and debt bondage to trap vulnerable individuals in horrific situations. According to the federal Trafficking Victims Protection Act (TVPA), severe forms of human trafficking are legally defined as:
Sex trafficking is the recruitment, harboring, transportation, provision, or obtaining of a person for the purposes of a commercial sex act, in which the commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age.
Sex trafficking has been found in a wide variety of venues within the sex industry, including residential brothels, escort services, fake massage businesses, strip clubs, and street prostitution.
Labor trafficking is the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purposes of subjection to involuntary servitude, peonage, debt bondage, or slavery.
Labor trafficking has been found in diverse labor settings including domestic work, small businesses, large farms, and factories.
Human trafficking occurs when a trafficker takes any one of the enumerated actions, and then employs the means of force, fraud or coercion for the purpose of compelling the victim to provide commercial sex acts or labor or services. At a minimum, one element from each area must be present to establish a potential situation of human trafficking. Situations of minors engaging in commercial sex are human trafficking, despite the presence of force, fraud or coercion. The presence of force, fraud or coercion indicates that the victim has not consented of his or her own free will.
Every year, human traffickers generate billions of dollars in profits by victimizing millions of people in the United States and around the world. Traffickers are estimated to exploit as many as 37 million victims, with an estimated 1.5 million victims in North America alone. Despite growing awareness about this crime, human trafficking continues to go underreported due to its covert nature, misconceptions about its definition, and a lack of awareness about its indicators.
Why Trafficking Exists
Human trafficking is a market-driven criminal industry that is based on the principles of supply and demand, like drugs or arms trafficking. Many factors make children and adults vulnerable to human trafficking. However, human trafficking does not exist solely because many people are vulnerable to exploitation. Instead, human trafficking is fueled by a demand for cheap labor, services and for commercial sex. Human traffickers are those who employ force, fraud, or coercion to victimize others in their desire to profit from the existing demand. To ultimately solve the problem of human trafficking, it is essential to address these demand-driven factors, as well as to alter the overall market incentives of high-profit and low-risk that traffickers currently exploit.
Labor trafficking and sex trafficking of U.S. citizens and foreign nationals persist and thrive for a number of reasons, including:
- Low Risk: Human traffickers perceive there to be little risk or deterrence to affect their criminal operations. While investigations, prosecutions and penalties have increased throughout recent years, many traffickers still believe the high profit margin to be worth the risk of detection. Factors that add to low risk include: lack of government and law enforcement training, low community awareness, ineffective or unused laws, lack of law enforcement investigation, scarce resources for victim recovery services, and social blaming of victims.
- High Profits: When individuals are willing to buy commercial sex, they create a market and make it profitable for traffickers to sexually exploit children and adults. When consumers are willing to buy goods and services from industries that rely on forced labor, they create a profit incentive for labor traffickers to maximize revenue with minimal production costs.
Left unchecked, human trafficking will continue to flourish in environments where traffickers can reap substantial monetary gains with relatively low risk of getting caught or lost profits.
Traffickers exploit others for the profit gained from forced labor and commercial sex. They lure and ensnare people into forced labor and sex trafficking by manipulating and exploiting their vulnerabilities. Human traffickers prey on people who are hoping for a better life, lack employment opportunities, have an unstable home life, or have a history of sexual or physical abuse. Traffickers promise a high-paying job, a loving relationship, or new and exciting opportunities and then use physical and psychological violence to control victims. Traffickers can be lone individuals or part of extensive criminal networks, with the common thread of exploiting people for profit.
A wide range of criminals, including individual pimps, family operations, small businesses, loose-knit decentralized criminal networks, and international organized criminal operations, can be human traffickers. Often the traffickers and their victims share the same national, ethnic, or cultural background, allowing the trafficker to better understand and exploit the vulnerabilities of their victims. Traffickers can be foreign nationals and U.S. citizens, males and females, family members, intimate partners, acquaintances, and strangers. Based on human trafficking cases that have been identified by the National Human Trafficking Resource Center, examples of traffickers may include:
- Brothel and fake massage business owners and managers
- Employers of domestic servants
- Gangs and criminal networks
- Growers and crew leaders in agriculture
- Intimate partners/family members
- Labor brokers
- Factory owners and corporations
- Small business owners and managers
Ultimately, traffickers exist because human trafficking remains highly lucrative. There are two primary factors that drive human traffickers: high profits and low risk. This powerful combination is driving the explosive spread of human trafficking, making it one of the most profitable criminal industries in the world.
Human trafficking operations often intersect or exist alongside legitimate businesses and require a number of other actors and specific conditions in order to operate without detection. Certain industries are commonly used by traffickers to enable, support, or facilitate their human trafficking operations.
The International Labor Organization estimates that there are as many as 37 million victims of human trafficking globally, with hundreds of thousands in the United States. The victims of this crime in the U.S. are men and women, adults and children, and foreign nationals and U.S. citizens. As defined by U.S. law, victims of human trafficking can be divided into three populations:
Children under the age of 18 induced into commercial sex
Adults (age 18 or over) induced into commercial sex through force, fraud, or coercion
Children and adults induced to perform labor or services through force, fraud, or coercion
Human trafficking victims have been identified in cities, suburbs, and rural areas in all 50 states, and in Washington, D.C. They are made to work or provide commercial sex against their will in legal and legitimate business settings as well as underground markets. Some victims are hidden behind locked doors in brothels and factories. In other cases, victims are in plain view and may interact with community members, but the widespread lack of awareness and understanding of trafficking leads to low levels of victim identification by the people who most often encounter them.
There is no single profile for trafficking victims; trafficking occurs to adults and minors in rural, suburban, or urban communities across the country. Victims of human trafficking have diverse socio-economic backgrounds, varied levels of education, and may be documented or undocumented. Traffickers target victims using tailored methods of recruitment and control they find to be effective in compelling individuals into forced labor or commercial sex.
While human trafficking spans all demographics, there are some circumstances or vulnerabilities that lead to a higher susceptibility to victimization and human trafficking. While not inclusive of all vulnerabilities, the following highlights a few risk factors for victims of human trafficking.
Runaway and homeless youth are vulnerable to trafficking. A study in Chicago found that 56 percent of prostituted women were initially runaway youth and similar numbers have been identified for male populations. Runaway and homeless youth who lack a strong supportive network and run away to unfamiliar environments are particularly at risk of trafficking. Runaway youth are often approached by traffickers at transportation hubs, shelters or other public spaces. These traffickers pretend to be a boyfriend or significant other, using feigned affection and manipulation to elicit commercial sex or services from the victim.
Foreign nationals who are trafficked within the United States face unique challenges that may leave them more susceptible to trafficking and exploitation. In 2013, 32 percent of calls with high indicators of human trafficking to the NHTRC referenced foreign nationals. Recruiters located in home countries frequently require such large recruitment and travel fees that victims become highly indebted to the recruiters and traffickers. These fees are inflated far beyond cost in order to create economic instability and dependency on the new employer or trafficker. Traffickers leverage the non-portability of many work visas as well as the lack of familiarity with surroundings, laws and rights, language fluency, and cultural understanding in order to control and manipulate victims.
Individuals who have experienced violence and trauma in the past are more vulnerable to future exploitation, as the psychological effect of trauma is often long-lasting and challenging to overcome. Victims of domestic violence, sexual assault, war and conflict or social discrimination may be targeted by traffickers, who recognize the vulnerabilities left by these prior abuses. Violence and abuse may be normalized or beliefs of shame or unworthiness lead to future susceptibility to human trafficking.
The needs of victims of trafficking are among the most complex of crime victims, often requiring a multidisciplinary approach to address severe trauma and medical needs, immigration and other legal issues, safety concerns, shelter and other basic daily needs, and financial hardship.
Human trafficking, also known as trafficking in persons (TIP), is a modern-day form of slavery. It is a crime under federal and international law; it is also a crime in every state in the United States. Under U.S. federal law, “severe forms of trafficking in persons” includes both sex trafficking and labor trafficking.
The Trafficking Victims Protection Act (TVPA) of 2000 is the first comprehensive federal law to address trafficking in persons. The law provides a three-pronged approach that includes prevention, protection, and prosecution. The TVPA was reauthorized through the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2003, 2005, 2008, and 2013.