Human Trafficking Among Women
Morgan Shafer
SW4710
Wayne State University
Human Trafficking 2
Human Trafficking Among Women
The social problem of human trafficking has been hidden and not exposed to the
world until recent times. This social problem is a form of modern day slavery. Although
slavery has been banned for centuries human trafficking still exists and has become a
rising problem around the world. It is stated that Human trafficking is the process of
transporting someone for the purposes of enslaving them against their will. Trafficking is
about exploitation of others, not necessarily ownership (Kiener, 2012). Human
trafficking occurs within and between so many countries its hard to get an estimate on
the actual number of people affected by this. However, the U.S. Department of State in
2004 has reported that it is estimated around 600,000 to 800,000 people are trafficked
between international borders every year. Trafficking is now considered the third largest
source of profit for organized crime, behind drugs and weapons, and generates billions of
dollars annually (Kiener, 2012).
President Obama in a speech at the Clinton Global Initiative stated the crime a
debasement of our common humanity. He continued, I'm talking about the injustice, the
outrage, of human trafficking, which must be called by its true name modern slavery
(Kiener, 2012). The President goes on to say not only should human trafficking affect
every person, but also every community, every business and every nation because of how
awful it is and how unaware people are of human trafficking, its happening in the United
States, even in our own state. President Obama also stated that Our fight against human
trafficking is one of the great human rights causes of our time, and the United States will
continue to lead it
Human Trafficking 3
This social problem shows no discrimination being that victims of trafficking
come from different countries, family situations, social economic status, gender, race,
religion and cultures (Hodge & Lietz, 2007). The victims of trafficking are not just forced
to engage in prostitution, but also produce items of value such as coffee, grains, sugar,
cotton, gems and cocoa to be sold in global markets (Bales and Cornell, 2008).
According to the International Labour Organization (ILO) more than half, 11.4 million,
of the victims of human trafficking are females. Traffickers look for vulnerable woman
because they believe they will be easier to control. A lot of the women have been sexually
abused before they are recruited into the human trafficking world. Women could also
have a mental illness; gang association and also have a substance abuse problem (Kiener,
2012).
Girls ages sixteen to twenty-four are at a much higher risk of being a victim of
human trafficking because the age group has been stated to be best suited for sexual
slavery and domestic labor (Jibril, 2007). Traffickers find these vulnerable women
promising them a better life, new employment opportunities and promising more money.
The woman fall for this thinking they have a better chance at the life these traffickers
could provide rather than the one she is living now, also thinking she is going to provide
her family with better outcomes. According to Bales (1999) a promise of a better life has
been stated to be one of the most common ways of becoming a victim of human
trafficking.
In Michigan alone there have been 81 cases reported this year, 69 of them being
involved in sex trafficking. 74 of these victims were females. Human Trafficking is
involving women in every state, every community, could possibly be happening in a
Human Trafficking 4
neighbors house. Human Trafficking is no longer being hidden, everyone needs to be
aware of the surroundings and help the victims of human trafficking. Women around the
world who have been trafficked for the purpose of sexual pleasures, they are at a much
higher risk for HIV and other STDs, tuberculosis, and permanent damage to their
reproductive systems. These women rarely seek help in fear the families will be hurt by
their traffickers, but the majority of the time when police get involved in situations with
these women they are charged and not looked at as the victim (The Issue of Human
Trafficking, n.d.).
Policy
During the 1970s there was a movement in the United States called the Violence
against Women Act (VAM). This movement focused on the violation of womens rights.
Human trafficking was and continues to be an example of violating the rights of women.
However, since movements like the VAM, and other laws were developed regarding this
issue sex trafficking gained more public attention particularly when globalization and
the accessibility of the Internet brought an increase of the knowledge of sex trafficking to
a global level (Limoncelli, 2010). Since this was happening other movements and events
during the 20th century led to the Trafficking Victims Protection Act of 2000 (TVPA).
The Trafficking Victims Protection Act of 2000 was signed October 28th, 2000 by
President Bill Clinton. Congress did not like the fact that traffickers were getting light
sentencing; this legislation was created for the sole purpose according to the TVPA
(2000) to combat modern day slavery by ensuring effective punishment for traffickers
and by protecting victims, most of whom are women and children (Sec. 102. A). It is also
stated that traffickers could get sentences up to life in prison. This act allows victims of
Human Trafficking 5
human trafficking to get the treatment and services they need, with no criminal charges.
Victims will be treated as victims and not as if they did something wrong.
The Trafficking Victims Protection Act is divided into two parts, Section A and
Section B. Section A focuses on the issue of human trafficking itself and the need to
address the issue on both a national and international level. Section B is addressing the
issues of prevention and showing economic opportunities victims could do in their own
countries instead of being easy targets for traffickers (TVPA, 2000). This Act has not only
help sentence the traffickers to a longer sentence and allow the victims to feel safe to seek
help without the fear or something terrible happening to their families, but has also
created a T- Visa, allowing undocumented victims to stay in the United States to access
medical and mental health services, the victims just have to assist and corporate in the
traffickers prosecution. Over 2,000 victims and immediate family members have been
able to benefit from the T- Visa (Miranda, n.d.).
The Trafficking Victims Protection Act has been reauthorized four times; in 2003,
2005, 2008 and 2013. In 2003 the act approved 2 million dollars to directly combat
human trafficking as well as bringing more awareness to the issue. There was also a new
federal crime created allowing the victim to bring a civil action against their trafficker. In
2005 the act required the Department of Labor to provide a public list of all the goods
made from forced or child labor. Also over a two year period the act approved 300
million dollars to combat trafficking. A grant program was also created for law
enforcement to investigate and prosecute acts of trafficking and research studies on the
issue. The reauthorization in 2008 included changing policies; making them stronger
against countries that use children as soldiers. There was also an improvement with the T-
Human Trafficking 6
Visa, protecting the victims and family members, and also creating data collections
instruments to better understand the issues (Polaris Project, n.d.).
On March 7, 2013 President Obama signed the reauthorization of the 2013 act.
This reauthorization is renewing the critical federal programs for anti-trafficking, also
providing resources of specialist services to the survival victims of this problem. The
2013 act is also granting prosecutors new tools, allowing them to go after traffickers who
exploits others and enhances partnerships with other countries.
Statute
The 2000 Act of Trafficking Victims Protection was the first federal law to
address the global social problem of human trafficking. The law was three different
approaches; Prevention, Protection and Prosecution. It was stated that the law was
showing prevention through public awareness programs that were overseas and also a
state department led monitoring and sanctions programs. Protection was through the
T -Visa and also services for foreign national victims. Prosecution was through new
federal laws (TVPA, 2000). When this act was reauthorized in 2003, 2005 and also in
2008 and 2013 the federal law was also reauthorized too, each individual approach
which included greater protections for U.S. citizen victims, enhanced and enacted new
human trafficking crimes, enhanced victim service provisions, and strengthened the role
of the Trafficking in Persons Office within the State Department (TVPA, 2000).
In 2000 the law created a federal task force to assist in the implementation of the
TVPA, it also created the temporary legal status of the continued presence through
which a federal law enforcement officer can request that the Department of Health and
Human Trafficking 7
Human Services certify a victim whose presence is necessary for law enforcement,
making the person eligible for federal benefits to the same extent as refugees (TVPA,
2000). The law makes human trafficking a federal crime with severe consequences.
Lastly in 2000 the law created new crimes of forced labor. In 2003, the federal laws is
involving local and state law enforcements officials helping to seek victims if they are
brought through immigration. In 2005 the act creates laws at the state and local level
allowing law enforcements to combat human trafficking and expand the federal criminal
jurisdiction. Again in 2008 the act makes some changes to the law by expanding the
crime of sex trafficking by removing the knowledge of age requirement, creates a new
crime of fraud in foreign labor contracting, requires the Department of Justice (DOJ) to
create a new model of state law to further approach in investigating and prosecuting
human trafficking, and also now human trafficking crimes are categorized in more
serious placements. In 2013 the act made changes having to do with the Secretary of
State, allowing them to limit the validity of a passport issued to a sex offender to one year
or a time period they feel appropriate. Also Secretary of State is allowed to revoke the
passport/card of an individual who has been convicted of a sex offense by a foreign court
of competent jurisdiction (TVPA, 2000-2013).
Working/Not Working
The Trafficking Victims Protection Act has brought more awareness to this social
problem, its no longer hidden. The act has created many laws and services to help the
victims once they are rescued. Undocumented immigrants are offered a T-Visa that allows
them to stay on U.S. soil. When woman are rescued from their trafficker they have severe
amount of mental, emotional and physical problems. Women suffer extreme emotional
Human Trafficking 8
stress, which could include grief, disgust, fear, shame and distrust. Having medical and
mental health services available to them is a big help, otherwise the woman are stated to
turn to drugs and alcohol to numb the pain. In these ways the act is working fulfilling the
needs of these women, but in other areas the act needs adjustments to what is not
working. It has been stated there are more human slaves today than ever before in history,
the act could use some improvements. The T-Visa allows the immigrants to stay in the
U.S. only if they meet the requirements of the visa. Including they have to assist in the
investigation and/or the prosecution of the trafficker, if the victim does not agree they
will be deported. ...the interests of individuals whose lives and bodies have been
exploited are not ones that can be fairly balanced with the interest of the government in
prosecuting traffickers (McReynolds, 2008). Again the act has made human trafficking
known to the world, but the risks of what happens when a woman has been trafficked
needs more awareness. Beatriz Fernando, herself a victim of trafficking, testified to
Congress in 2005 about the need for public awareness campaigns about the dangers of
trafficking. I got swept up in human trafficking because I did not understand the risks,
she said. I needed to make moneyI didnt know my passport would get taken away,
and I didnt know that I wouldnt get paid (McReynolds, 2008). And lastly victims are
ordered protection when the legal process begins with the prosecution of the victims
trafficker. If the victims received these protection precautions when they first come
forward, a lot more woman would come forward, knowing they will be safe. Not only
should the government increase the frequency and effectiveness of its measures taken to
protect the identity of trafficking victims, it should make these measures available earlier
in the proceedings (McReynolds, 2008).
Human Trafficking 9
Supports/Opposes
The current policy has been in place since 2000, making it fifteen years. As stated before
the policy has been updated a handful of times. A number of presidents approve of this
policy including our president today, Barack Obama, who signed the reauthorization
policy of 2013. Federal and state has also been a supporting party in this policy. in the
last several years, federal and state lawmakers have tackled this issue with increasing
urgency and sophistication (Polaris Project, n.d.). Each year with the improvements of
the policy Federal has continued to show a positive response by improving and
expanding because of the new information of human trafficking that the federal has
learned.
Each state has made laws for the human trafficking problem. Washington and
Texas were the first states to respond to legislation and pass laws on anti-trafficking.
More states were soon to follow in the years following. Based on last years ratings of
human trafficking laws 37 out of the 50 states had passed new laws to fight trafficking.
The last four years the Polaris Project rates each state by their participation in their ten
categories of laws they have found critical to establishing a basic legal framework to
effectively combat human trafficking, punish traffickers, and support survivors (Polaris
Project, n.d.). The types of laws tracked include: (1) sex
trafficking; (2) labor trafficking; (3a) asset forfeiture for trafficking offenses,
(3b) investigative tools such as including human trafficking in the state racketeering
statute or authorization of interception of communications during investigations into
trafficking; (4a) training for law enforcement, (4b) development of a task force; (5) lower
burden of proof for the prosecution of child sex trafficking offenses; (6) posting
Human Trafficking 10
information about a human trafficking hotline; (7) providing safe harbor to minor victims
of trafficking; (8) victim assistance plans or services; (9) a civil remedy for human
trafficking victims; and (10) vacating convictions. The project has seen much success as
they are advocating for laws in each state to fight against human trafficking. There have
only been twelve states that have minimal participation, this project has been showing its
commitment to fight human trafficking and the hard work they have been doing to
advocate for these victims. Every state that supports these laws the Polaris project has
created is one more step in the right direction to combat human trafficking.
Interview
While interviewing Senator Phil Pavolv regarding his feelings and opinions about
the Trafficking Victims Protection Act policy he had stated that he supports measures
designed to eliminate human trafficking and assist victims that have already been
affected. He was also pleased to state he was a voter in support of these bills. As for the
state of Michigan, Senator Pavolv provided some information of human trafficking
within our state. In 2014 the Michigan legislature passed with governor Sydner signing a
21 bill packaged law aiming at curbing human trafficking. This included important new
laws, as well as components to updating some of the outdated laws within Michigan. He
also included that the bills eliminated the statute of limitations for trafficking offenses
and commercial sexual exploitation of children offenses. He also made another statement
on the criminal cases that were a part of the package, victims are now able to sue their
traffickers and prosecutors are now able to utilize wiretapping. Senator Pavlov provided a
deal of information on Michigan that was not found while researching, hearing from a
Human Trafficking 11
Senators prospective about human trafficking and that he was a part of the laws being
created for Michigan.
Another interview took place with State Representative, Mike McCready, when
asked about his feelings and opinions he stated that he had heard from his residents and a
town hall meeting within his district about human trafficking he felt he needed to support
the entire 21 bill package. He stated Human trafficking is an awful crime and it is a
shame that it occurs in Michigan, I am hopeful though that many of the changes I
supported last term will have a lasting affect and reduction on this crime. He stated how
important this issue was, although representative McCready does not have strong
involvement in the federal law he also was able to give some background of the laws in
Michigan. Stating this was a big issue in the legislative term of 2013-14. The purpose of
the legislation before was to provide tools to combat trafficking at the state level. During
the term a bipartisan group of legislators came together to draft 21 separate bills to amend
current Michigan law. There was several separate goals, but first was to establish a state
human trafficking commission under the purview of the Attorney general to continue to
assess and make recommendations to reduce human trafficking within our state, they also
wanted to bring more public awareness to this issue. There were other goals within
Michigan that the representative stated, all resulting in trying to combat human
trafficking and help the victims the best to their ability.
Debbie Stabenow, a Michigan Senator, was also asked about her feelings and
opinions regarding this act. Mrs. Stabenow stated she has repeatedly voted for and
supported legislation to combat human trafficking. She stated that is why she voted for
the Justice for Victims of Trafficking act, passing in both the House of Representatives
Human Trafficking 12
and the Senate, so that the law enforcement officials would have the tools they need to
stop these horrific crimes from happening and help victims of human trafficking rebuild
their lives. Mrs. Stabenow is a cosponsor of the Stop Exploration through Trafficking Act
(S. 166), she states the bill is requires states to create safe harbor provisions for children
who are victims of sex trafficking, and recognize that prostituted children are victims of
trafficking, not criminals. Stabenow stated that I could count on her support to continue
to help fight against human trafficking.
Both the Senators and State Representative included feedback of their feelings
and their opinions of the social problem. Research and both these responses have shown
just how far this policy has come, along with state laws that have developed over the
years. Combating human trafficking has become a positive thing that individuals and
states seem to have a common goal of. If slavery is not wrong, nothing is wrong
Abraham Lincoln.
Human Trafficking 13
References
Bales, K. (1999). Disposable people. Los Angeles: University of California Press.
Bales, K., & Cornell, B. (2008). Slavery today. Toronto, Canada: Groundwood Books.
Hodge, D. R., & Lietz, C. A. (2007). The international sexual trafficking of women and
children: A review of the literature. Affilia, 22, 163174.
International Labour Organization. (2012). Global Estimate of forced Labour.
Jibril, U. (2007). The nurses roles in the prevention of human trafficking. West
African Journal of Nursing, 18(2), 170-172.
Kiener, R. (2012, October 16). Human trafficking and slavery. CQ Global Researcher, 6,
473-496.
Limoncelli, S. (2010). The politics of trafficking. Stanford, CA:
Stanford University Press.
McReynolds, M. (2008). The Trafficking Victims Protection Act. Has the Legislation
Fallen Short of its Goals?, 15, 48-52.
Miranda, L. Human trafficking: A policy analysis of the trafficking victims protection act
of 2000. (Order No. AAI1499185, Masters Abstracts International, , 0190
U.S. Department of State. (2004). Trafficking in persons report.
The Issue of Human Trafficking (n.d.). In SAS surrey.
Polaris Project, (n.d.). The trafficking victims protection act.
TVPA of 2000
TVPRA of 2003
TVPRA of 2005
TVPRA of 2008
TVPRA of 2013