Drafters should at a minimum define the purpose of sex trafficking as sexual exploitation, which includes, at a minimum, the exploitation of the prostitution of others. Drafters of existing laws have used variations of the term “exploitation” to address this critical component of sex trafficking laws. The UN Protocol uses the term “exploitation,” whereas national laws may use the term “sexual exploitation” or “sexual purposes” or “commercial sex act” and local laws may use the term “prostitution.”
Drafters should carefully consider the terms used for the purpose of the sex trafficking contained in the laws cited here and adopt a definition which provides the broadest protection for victims of all forms of sexual exploitation in harmony with national and local laws. The following language provides examples from a number of countries.
Illustrative Examples:
- “…when it is carried out for the purpose of exploitation; exploitation” means the illegal use of human beings for:
- debauchery,
- removal of physical organs,
- forced labour,
- slavery or servitude (See: Bulgarian “Combating Trafficking in Human Beings Act”, Additional Provision 1(1-2))
- “…to aid in the prostitution of the individual.” Minnesota Statute § 609.321.
- “Whoever purchases another person, takes possession of them, accommodates them, transports them, sells them, delivers them or uses them in any other way, or acts as a broker in such operations, for the purpose of prostitution or other forms of sexual exploitation….” (See: Slovenian Criminal Code, Article 113 (1), 2008)
- “…with the aim that the person should be subjected to an offence under Chapter 6, Section 1, 2, 3, 4, 5 or 6, exploited for casual sexual relations or in another way exploited for sexual purposes….” (See: Swedish Penal Code, Chapter 4, Section 1a)
- “…for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation. (See: UN Trafficking Protocol, Art. 3)
- “…for the purpose of a commercial sex act.” (See: TVPA, 22 U.S.C. 7102, (9)) Commercial sex act is “Any sex act on account of which anything of value is given to or received by any person.” (See: TVPA, 22 U.S.C. 7102, (3))