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Confusing Trafficking with Smuggling: The Offence of Human Trafficking for Sexual Exploitation in English Law

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Abstract:

This paper explores the meaning of human trafficking for sexual exploitation in English law. Under the definition of human trafficking in the United Nations Trafficking Protocol of 2000 the victim’s consent is not relevant to establishing the offence where one of the prescribed means is used to secure the victim’s participation in the trafficking enterprise. It is not, therefore, terminologically possible to be a consenting trafficking victim under the terms of the Protocol. Indeed, the consensual, yet illicit, transportation of individuals across national borders is properly labelled people smuggling. The paper demonstrates how English law has framed the offence of trafficking for sexual exploitation in a way which permits of the possibility of a trafficking offence being committed where none of the prescribed methods to obtain the victim’s compliance have occurred. English law thereby blurs the distinction between trafficking and smuggling. After drawing comparisons with other jurisdictions, it emphasises the importance of terminological precision in an area where the nature and extent of any post-rescue treatment or support provided to the victim may well depend on how they have been labelled by law enforcement agencies.
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Name: The Law and Society Association
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MLA Citation:

Gilbert, Andrew. "Confusing Trafficking with Smuggling: The Offence of Human Trafficking for Sexual Exploitation in English Law" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany, Jul 25, 2007 <Not Available>. 2013-12-15 <http://citation.allacademic.com/meta/p176990_index.html>

APA Citation:

Gilbert, A. , 2007-07-25 "Confusing Trafficking with Smuggling: The Offence of Human Trafficking for Sexual Exploitation in English Law" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany <Not Available>. 2013-12-15 from http://citation.allacademic.com/meta/p176990_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper explores the meaning of human trafficking for sexual exploitation in English law. Under the definition of human trafficking in the United Nations Trafficking Protocol of 2000 the victim’s consent is not relevant to establishing the offence where one of the prescribed means is used to secure the victim’s participation in the trafficking enterprise. It is not, therefore, terminologically possible to be a consenting trafficking victim under the terms of the Protocol. Indeed, the consensual, yet illicit, transportation of individuals across national borders is properly labelled people smuggling. The paper demonstrates how English law has framed the offence of trafficking for sexual exploitation in a way which permits of the possibility of a trafficking offence being committed where none of the prescribed methods to obtain the victim’s compliance have occurred. English law thereby blurs the distinction between trafficking and smuggling. After drawing comparisons with other jurisdictions, it emphasises the importance of terminological precision in an area where the nature and extent of any post-rescue treatment or support provided to the victim may well depend on how they have been labelled by law enforcement agencies.

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Similar Titles:
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