At its root, sex trafficking involves the sexual exploitation of women and girls. Therefore, transportation is not a required element of the criminal offence of sex trafficking.
The United Nations Refugee Agency (UNHCR) states that, “While these actions can all take place within one country’s borders, they can also take place across borders with the recruitment taking place in one country and the act of receiving the victim and the exploitation taking place in another. Whether or not an international border is crossed, the intention to exploit the individual concerned underpins the entire process.” (See: UNHCR Guidelines on International Protection (2006): The application of Article 1A(2) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees to victims of trafficking and persons at risk of being trafficked, Section II(a)(10), 5.)
At the same time, because regional, national and international borders are often crossed during the process of sex trafficking, officials tasked with responding to such cases must be aware of their jurisdictional authority.
Drafters of legislation on sex trafficking of women and girls should ensure the law is applicable within the territory when the offence is:
Drafters of legislation on sex trafficking of women and girls should ensure the law is applicable outside the territory when the offence is: