Sex Trafficking

What is Sex trafficking

Sex trafficking is a type of human trafficking that functions to exploit individuals for the purpose of commercial sex acts. Sex trafficking involves the use of coercion, force, or fraud to make an adult engage in commercial sex acts. Sex trafficking and sex work are two very different things — a commercial sex act is consensual and done in exchange for compensation, whether that be goods, services, money, etc. Conversely, sex trafficking must meet the AMP protocol of trafficking, meaning it entails the use of fraud, coercion, or force for the purpose of exploitation.

Importantly, any form of sexual exploitation or commercial sex act of a minor is trafficking regardless of force, fraud, or coercion. Sexual exploitation of both minors and adults is becoming increasingly common, especially through social media, which has made vulnerable individuals more accessible to online trafficking networks. Traffickers leverage social media sites to recruit and exploit their victims. Importantly, many sex trafficking victims do not know that they are being trafficked, as they have been groomed or persuaded into sex trafficking situations, thinking they are actually consenting to a commercial sex act. Traffickers use grooming tactics to gain control over victims and manipulate them into cooperating in exploitation.

A common misconception of sex trafficking is the belief that only women, and not men, are exploited. While the majority of sex trafficking victims are women, 22% are men and boys (DHS).

Prevalence

Of the 17.3 million victims exploited within the private sector, 6.3 million are victims of forced commercial sexual exploitation (ILO).
Based on the national data from the United National On Drug and Crime (UNODC), North America, Central America and the Caribbean, Central and South-Eastern Europe, and Eastern Europe and Central Asia’s main detected victims of exploitation are from sexual exploitation (UNODC).

3. Sex trafficking is by far the most reported type of trafficking, adding up to over 8000 reported cases in the United States in 2024 (Human Trafficking Hotline).

4. “From January 2020 through August 2022, 44% of sex trafficking victims were trafficked by a member of their own families and 39% were trafficked by an intimate partner” (Human Trafficking Hotline). These statistics highlight the fact that victims aren't always trafficked using external methods, but are also exploited through their own relationships.

Statistics courtesy of the Human Trafficking Hotline.

MARKETS

Commercial sex trafficking generates $172.6 billion annually. Additionally, it’s estimated that traffickers currently have 49.6 million people held in modern slavery globally, 12 million of whom are children (Our Rescue).
While forced commercial sexual exploitation accounts for around one-third of the illegal profits, it only accounts for 27% of the total number of victims. This ratio can be explained by the $27,252 average profit made by traffickers for every victim, compared to other forms of non-state forced labour exploitation, which collectively average $3,685 made by traffickers per victim (ILO).

Exploitation of prostitution in nightclubs/massage parlours/hotels and exploitation of prostitution in apartments have the highest number of court cases involving cases related to sexual exploitation, compared to other settings for exploitation (UNDOC).

MARKETS

Commercial sex trafficking generates $172.6 billion annually. Additionally, it’s estimated that traffickers currently have 49.6 million people held in modern slavery globally, 12 million of whom are children (Our Rescue).
While forced commercial sexual exploitation accounts for around one-third of the illegal profits, it only accounts for 27% of the total number of victims. This ratio can be explained by the $27,252 average profit made by traffickers for every victim, compared to other forms of non-state forced labour exploitation, which collectively average $3,685 made by traffickers per victim (ILO).

The Recruitment Market (Supply)

Victims of sex trafficking often experience instability in their family, personal relationships, lack basic needs and economic needs, or experience poor mental health. Additionally, factors that impacted victims' ability to recognize they were being lured into sex trafficking included lack of knowledge about sex trafficking, not knowing the unhealthy red flags of relationships, being too embarrassed to seek help, and not knowing where to find help (Covenant House Toronto).
The ILO found that rates of victims of sex trafficking were heavily influenced by unemployment for youth or underemployment, especially for females (Cairn.info).

The Commercial Market (Demand)

The demand for trafficking occurs at three levels. Demand is first created by recruiters, transporters, and agents who facilitate the harboring and recruitment of victims. At the second level of demand are employers, owners, and managers of brothels who match victims to clients based on desired selling points. At the final level of demand are the customers or clients who are the primary consumers of direct exploitation (Cairn.info).
Additionally, the demand for cheap sex is elastic, meaning a price increase will lead to a reduction in demand (Cairn.info).

The Digital Market

The National Center for Missing and Exploited Children reports that 100 million children have been victims of sexual abuse, which is exacerbated by the emergence of digital exploitation (Our Rescue).
Cybersex trafficking → advertising and sales through social media can reach more people and vulnerable people, as well as pipelines through online sex marketplaces.

LAW AND POLICY

International Law and Policy:

U.N.
- The “Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children” is an international treaty that functions to combat trafficking. It establishes an international definition of trafficking and works to protect and assist victims. The protocol protects victims by providing safety and access to resources such as housing, privacy, legal resources, and more, as well as requiring each state to treat sex trafficking as a serious criminal offense (U.N.).
U.S. Department of State
- Many countries have adopted additional measures to prevent trafficking, as documented by the U.S. State Department. This primarily includes the “Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography,” as well as several other measures and conventions concerning child soldiers and labor (U.S. Dept. of State).

U.S. Federal Law and Policy:

H.R. 3244 - Victims of Trafficking and Violence Protection Act of 2000
- It is an act aiming to combat trafficking, especially into the sex trade, to reauthorize Federal programs to prevent violence against women (U.S. Dept. of State).
H.R. 1865- Allow States and Victims to Fight Online Sex Trafficking Act of 2017
- This law makes websites legally responsible if they enable or assist in the facilitation of sex trafficking. It enhances penalties for acts of reckless disregard that they are contribute to sex trafficking, and it allows states and victims to take legal action against website operators.
H.R. 4980- 113th Congress (2013-2014)
- This law requires the state plan for foster care and adoption assistance to show that the state agency has policies and procedures for identifying, documenting in records, and determining appropriate services with respect to any youth whom the state is responsible for and has probable cause to believe they are a victim of sex trafficking. Additionally, it establishes the National Advisory Committee on the Sex Trafficking of Children and Youth in the U.S.

California Law and Policy:

California Penal Code § [Section] 236.1(a) – Human Trafficking
- For this penal code, a person who deprives or violates the personal liberty of another human being with the intent to obtain forced labor or services, including sex acts, will be classified as guilty of human trafficking, specifically sex trafficking for involvement in sexual acts. They shall be punished by imprisonment in the state prison for up to 12 years and a fine of a maximum $500,000 (CA Legislative Information).
Proposition 35
- Requires convicted human traffickers to become registered sex offenders and disclose their identities and internet activities. It increases the maximum criminal sentencing from up to 15 years to lifetime imprisonment with fines up to $1,500,000 and requires mandatory human trafficking training for law enforcement. Ultimately, it aims to prevent human trafficking and especially the exploitation of Children (CA Secretary of State).

COMPARATIVE MODELS

sWEDEN

In Sweden, the state criminalizes the demand for sex trafficking/the purchase of sex, but not the victim. This model is known as the Swedish model and resonates with a more prohibitionist approach (Ekberg, 2004). Additionally, the Swedish government is primarily concerned with the gendered violence against women (Swedish Gender Equality Agency).
The Swedish Gender Equality Agency develops cooperation between authorities and other actors, including international actors, to provide support and act against sex trafficking. The agency works with the National Task Force against Prostitution and Human Trafficking as a resource and for cooperation between government agencies and NGOs (Swedish Gender Equality Agency).

u.s.

In contrast, the U.S. employs a more abolitionist approach, criminalizing all acts associated with sex trafficking (MJIL). The U.S. emphasizes the use of critical law enforcement strategies to protect women through the criminalization of sex trafficking (Solderlund, 2005).
The U.S. uses the 3P’s: Prosecution, Protection, and Prevention, which ensures traffickers are criminally prosecuted, victims are identified and provided with resources and services, and informative prevention information and programs reach at-risk populations before they are exploited for commercial sex trafficking (U.S. Department of State).

survivor advocacy Recommendations

It is important to listen to survivors, unless law enforcement has a legitimate reason to believe otherwise. This also means law enforcement officers must continue their investigation even if they’re being dismissed by people involved in the case, because victims may try to avoid legal action if their trafficker is threatening them in some way, if their actions are reported. Therefore, law enforcement must establish trust and not be judgmental towards victims (NIJ).
Empowering victims can be achieved through ensuring counselling and psychological support services are provided to facilitate healing processes from the trauma of sexual violence. These services can also serve as tools for victims to make informed decisions about whether they want to testify against the trafficker (La Strada International).

decriminalizing sex work

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