Criminal Purposes: Exploitation of the prostitution of others, Sexual Exploitation, or Commercial Sex Act

Last edited: January 25, 2011

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Drafters should clearly state the purpose of the criminal act. Drafters of existing laws have used variations of the term “exploitation” to address this third critical component of sex trafficking laws.Legislation addressing sex trafficking should include, at a minimum, the exploitation of the prostitution of another.

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,
  • “…for the purpose of exploitation through prostitution or other forms of sexual exploitation, pornography, forced labour or servitude, slavery, forced marriages, forced fertilization, unlawful adoption, or a similar relationship or illicit transplantation of human body parts….” (See: Macedonian Criminal Code, Art. 418-a)
  • “…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 causal 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:  22 U.S.C. 7102, (9))