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Human Trafficking Definitions and Legal Considerations

Original Editor - Stacy Schuirring

Top Contributors - Stacy Schiurring, Tarina van der Stockt, Jess Bell and Kim Jackson  

Trigger warning. This page contains information about Human Trafficking, including physical abuse, sexual assault and abuse.

Introduction

"Human Trafficking is the recruitment, transportation, transfer, harbouring, or receipt of people through force, fraud or deception, with the aim of exploiting them for profit. Men, women, and children of all ages and from all backgrounds can become victims of this crime, which occurs in every region of the world." -United Nations, Office of Drugs and Crime[1]

The United States Department of State describes "trafficking in persons" "human trafficking" and "modern slavery" as interchangeable terms.[2]

Human trafficking is a global issue. It affects all races, sexes, ages, and socio-economic groups. Recently, researchers, policymakers, and survivors of human trafficking are pushing to change the perception of human trafficking from a purely law enforcement issue to a public health issue.[3]

The extent of human trafficking is difficult to establish and the tracking of trafficking is challenging for many complex reasons: (1) navigating legal definitions, (2) trafficker movement restrictions and isolation of trafficked persons, (3) the fear and stigma of trafficked persons self-reporting, and (4) the lack of frontline professionals trained in identification and monitoring of human trafficking.[3]

Global detection of human trafficking victims has increased following a decline during the Covid pandemic period.[4] These crimes are widespread and occur in every segment of society. However, human trafficking is often hard to identify and remains hidden from view. Gallo et al.[3] have suggested that regular screening and monitoring for trafficked persons at locations they are likely to visit could improve the possibility of identifying and assisting more trafficked people. An estimated 22-88% of trafficked persons will come into contact with a healthcare professional during their exploitation.[5] Due to the nature of rehabilitation medicine assessment, documentation, and surveillance, healthcare professionals are well-suited to identify and assist trafficked persons.[3]

It is important to note that ANYONE can be a victim of trafficking.

This article will provide an overview of key definitions and concepts, and the different types and dynamics of human trafficking. It will also discuss how healthcare providers can identify, assess, and assist survivors of human trafficking.

Trafficking Victims Protection Act of 2000 (TVPA) - United States Federal Law

Signed into law on October 28, 2000 by President Clinton, the Trafficking Victims Protection Act of 2000 (TVPA), amended (22 U.S.C. §7102) was created to “ensure just and effective punishment of traffickers, and to protect their victims.” The 2000 Act had three main components, commonly referred to as the three P's; Protection, Prosecution and Prevention.

Concepts and Definitions

Below is a list of definitions and concepts within the context of human trafficking. Please refer to this list as needed throughout the Rehabilitation's Role in Human Trafficking Awareness course.

  • Coercion is a means of control. It is the act of persuading another person into action by means of threats or force. According to the TVPA (22 U.S.C. §7102), coercion "may be understood as threats of serious harm to or physical restraint against any person; any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or the abuse or threatened abuse of the legal process."[6]. Drugs and alcohol can be used as a form of coercion to assert and maintain control over trafficked persons.
  • Commercial Sex Act, according to the TVPA (22 U.S.C. §7102) is "any sex act on account of which anything of value is given to or received by any person."[6]
  • Debt Bondage (also known as debt slavery, bonded labour, or peonage), according to the TVPA (22 U.S.C. §7102), is "the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for a debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined."[6]
  • Force, in the context of human trafficking, is a means of control over trafficked persons. The use of monitoring and/or confinement is often used during the early stages of victimisation to erode the trafficked person's resistance. Physical forms of force used in human trafficking can include physical restraint, and physical and sexual assault. This is related to harbouring of a trafficked persons which involves isolation, confinement, and monitoring.[7]
  • Fraud, according to the TVPA (22 U.S.C. § 7101(b4)), "consists of some deceitful practice or willful device, resorted to with intent to deprive another of his right, or in some manner to do him an injury. In the context of human trafficking, fraud often involves false promises of jobs or other opportunities." [6]
  • Human Smuggling is the exchange of fees or services to gain transportation or fraudulent documentation to illegally cross a border into a foreign country.[8]
  • Involuntary Servitude (also known as involuntary slavery), according to the TVPA (22 U.S.C. §7102), "includes a condition of servitude induced by means of (A) any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or physical restraint; or (B) the abuse or threatened abuse of the legal process."[6]
  • Labour trafficking (also known as forced labour), according to the TVPA (22 U.S.C. §7102), is defined as, “the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.”[9] Labour trafficking can occur within any industry or sector: agriculture and meat farming, factory work, hospitality industry such as restaurants, hotels, or massage parlours; retail, mines, private homes, or drug trafficking operations.
    Two widespread forms of labour trafficking include:[2]
    • Domestic servitude involves a trafficked person performing forced labour in a private residence.[2]
    • Forced child labour involves children being forced or coerced to work. Forced child labour is different from children who are able and choose to legally seek employment and work. Some indicators of forced child labour include (1) when the child appears to be in the custody of a non-family member and their work benefits that person, (2) withholding food, rest, or schooling to a child who is working.[2]
  • Obtaining, in the context of human trafficking, is the forced taking or exchange of something to gain control over another person.[7]
  • Patronising, in the context of sex trafficking, is receiving a sexual act or sexually explicit performance.[7]
  • Recruiting is the proactive targeting of vulnerable persons and the grooming of wanted behaviours by means of fraud and coercion by human traffickers.[7]
  • Sex trafficking, according to the TVPA (22 U.S.C. §7102(12)), is defined as, “the recruitment, harboring,  transportation, provision, obtaining, patronizing, or soliciting of a person  for the purpose of a commercial sex act.”[9] The trafficked person can suffer threats of serious physical or psychological harm, threats to friends or family, or debt bondage. Sex trafficking can occur in any location including physical locations and on the internet.[2] Examples of sexual exploitation can include prostitution, escort agencies, phone sex lines, stripping on a webcam or internet chat rooms, and pornography.[10]
    • Child sex trafficking involves sex trafficking with a person under the age of 18 years. The use of force, fraud, or coercion is irrelevant, children engaging in commercial sex is illegal in most countries around the world.[2]
  • Slavery, in the context of human trafficking, is when a controlled person is forced to provide labour and/or services against their will.[7]
  • Soliciting, in the context of sex trafficking, involves the offering a sexual act or sexually explicit performance.[7]
  • Transporting includes the movement and arrangement of travel for persons being trafficked.[7]

Human Trafficking versus Human Smuggling

Human Trafficking Human Smuggling
Consent
  • Trafficked persons are forced, defrauded, or coerced into trafficking
  • If consent was initially offered it is rendered null by exploiting labour, services, or commercial sex
  • Individuals give consent to being illegally smuggled and are involved a transaction of some sort
  • The transaction is mutual and ends at the arrival at the agreed-upon destination
Victim of the crime Committed against an individual Committed against a country
Domestic or Transnational
  • Victimisation can be transnational or domestic
  • Trafficking does not require crossing international or state borders
 Smuggling is transnational by definition
Voluntary / Involuntary Human trafficking is involuntary
  • The individuals are trafficked by force, fraud, and/or coercion to provide labour or services against their will. Trafficked persons do not have to be moved, relocated, or transported in any way.[11][12]
  • It can occur in the trafficked person's town or home. In the United States, any person under the age of 18 who is a victim of sex for profit is automatically considered a trafficked person.[12]
 Human smuggling is voluntary
  • It is the exchange of fees or services to gain transportation or fraudulent documentation to illegally cross a border into a foreign country.[13][8]
  • Human smuggling does not involve coercion, most people seeking out these services are fleeing violence or poverty.[8]
Information in the above table is adapted from the Human Trafficking Fact Sheet created by the US Department of Health and Human Services Office on Trafficking in Person.[7]

Optional: To further your understanding of the differences between human trafficking and human smuggling, please view the following 9-minute video.

[14]

Consensual Commercial Sex versus Sex Trafficking

Consensual Commercial Sex (also known as sex work) is when a person willingly takes part in the sale of a consensual sexual act or conduct.[15]

Commercial sex act means "any sex act on account of which anything of value is given to or received by any person".[16]

Sex Trafficking (also known as Sexual Exploitation) is the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act". [16]

Consensual Commercial Sex Sex Trafficking
Consent
  • All involved individuals give consent
  • Not a violation of the sex worker's human rights[15]
  • Trafficked individual does not give consent, but is coerced into the sexual act or performance
  • Sex trafficking is a violation of the trafficked person's human rights[15]
Person involved
  • Sex workers are consenting adults
  • Survivors of sex trafficking can include all races, sexes, ages, socioeconomic backgrounds, and nationalities.
  • Child sex trafficking involves sex trafficking with a person under the age of 18 years. The use of force, fraud, or coercion is irrelevant, children engaging in commercial sex is illegal in most countries around the world.
Payment for Services Sex workers earn and keep income All income or services go to the trafficker, not the trafficked person


Other Types of Trafficking

The United Nations, private and not-for-profit organisations, such as Stop the Traffick, acknowledge other types of human trafficking, including:

  1. Forced marriage[2][17] occurs when a person is forced into marriage under threats of force, fraud or through coercion. Situations where forced marriage may occur include: as access into a country or access to benefits.[10]
  2. Forced criminal activity[2] [17] involves a person carrying out a criminal activity under threats of force, fraud or through coercion. Forced criminality can include drug distribution, cannabis cultivation, begging, pickpocketing or bag snatching, ATM theft, or the selling of counterfeit goods.[10]
  3. Child soldiers[2] involves a child serving as a soldier or committing a crime to the benefit of the trafficker under threats of force, fraud or through coercion.[17]
  4. Organ harvesting[2] [17] and trafficking involves the removal of an organ or body part to sell on the black market. The trafficked person can be cheated out of an agreeable price for the organ, have an organ removed without their knowledge during treatment for another medical condition, or be kidnapped and have an organ removed without their consent.[10]

Dynamics of Human Trafficking - Trafficker and Trafficked Person

Trafficker

People who deal in human trafficking do so for monetary and financial gain. These crimes go undercounted and unrecognised because they are often difficult to detect.

Trafficker Profiles

While human traffickers span diverse demographics, research reveals distinct patterns in sex (male/female) distribution, organisational structure, and relationships to victims across both sex and labor trafficking operations.

Male vs. Female and Organisational Structure

  • US data (2020): [18]
    • Men comprised 82% of sex trafficking defendants, while women made up 43% of labor trafficking defendants.
    • The average defendant was found to be a 36-year-old man, with 81% of all defendants being male
  • Global Data (2024) [4]
    • Men represent the majority of those investigated, prosecuted, and convicted for trafficking (over 70% in each category)
    • In organised crime groups, 70% of cases involved both men and women working together
    • Non-organised traffickers more commonly operate in male-only or female-only setups
    • 50% of non-organised trafficking cases featured male-female partnerships, typically intimate partners
    • Traffickers can be individual actors or part of larger criminal organisations

Relationship to Victims:

  • Traffickers often know and have trusting relationships with victims
  • US data (2020): In sex trafficking cases, 43% of defendants previously knew their victims:[18]
    • 31% were social media contacts
    • 21% were spouses or intimate partners
    • 13% knew the victim as a human smuggler
    • 10% were friends or classmates
  • In labour trafficking cases, approximately 57% of defendants previously knew their victims.[18]

Role Differentiation:[4]

  • Women's roles often differ from men's and may include being former victims themselves
  • In sex trafficking, women more commonly serve as owners/managers of exploitation locations
  • Female traffickers are more common when trafficking is perpetrated by a parent
  • Male traffickers are more likely to be intimate partners of victims

Optional: Regional trafficker profiles per continent is further discussed in the Global Report on Trafficking in Persons 2024 from the United Nations Office on Drugs and Crime.

Important Note: There is no single trafficker profile; they can come from any segment of the population including family members, spouses, friends, acquaintances, strangers, gang members, diplomats, or business owners.[19]

Trafficker Recruitment Techniques

Human trafficking recruitment is often based on the deception of innocent, unsuspecting persons. Recruitment techniques commonly used by traffickers include:

  • threats or use of violence[20]
  • manipulation[18][20]
  • seduction and romance[18][20][21]
  • forced pregnancy[21]
  • false employment promises[20][21]
  • false promises about education or travel[21]
  • sale by family[21]
  • recruitment of formerly enslaved persons[21]
  • abuse of religious beliefs[18][21]
  • abduction[21] or kidnapping


In some cases, a survivor of human trafficking will become a trafficker themselves. This is most commonly the case of female trafficked person of sex trafficking.[18] This speaks to the grooming and psychological manipulation survivors of human trafficking suffer and endure. Optionally, read more about recruitment techniques here.

Trafficked persons can come from any segment of the population. However, traffickers tend to prey upon people with the following vulnerabilities:

  • poverty/economic hardship[20][19]
  • limited proficiency in local primary spoken language (English in the US)[19]
  • lack of lawful immigration status[19]
  • lack of stable safe housing[19]
  • lack of a social safety net[20]
  • following a natural disaster, war or political instability[20]
  • limited economic and educational opportunities[19]
  • psychological or emotional vulnerability[20]
  • substance use challenges[22]

Trafficked persons are often tricked or misled into trafficking by (1) false romantic intentions, (2) promises of good employment or pay, and (3) a stable life.[19] They can be of any sex or age, and come from any educational, socio-economic, ethnicity or nationality, or religious background. However, women and girls are at a higher risk of being trafficked for sexual exploitation. Refugees are also often victimised due to dire living situations in refugee encampments.[21]

Traffickers often target vulnerable women and girls facing poverty, limited education, and unemployment. They recruit victims with false promises of legitimate jobs with good pay as nannies, maids, dancers, models or factory workers. Some traffickers also purchase children from impoverished families and force them into sexual exploitation or involuntary labor situations.[16]

Resources

North American Resources:

Texas, USA
Michigan, USA
Ontario, Canada

Clinical Tools and Resources:

Clinical Tools and Resources on Substance Use Challenges

References

  1. ↑ United Nations Office of Drugs and Crime. Human Trafficking. Available from: https://www.unodc.org/unodc/en/human-Trafficking/Human-Trafficking.html (accessed 22/April/2023).
  2. ↑ 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 US. Department of State. Understanding Human Trafficking. Available from: https://www.state.gov/what-is-trafficking-in-persons/ (accessed 22/April/2023).
  3. ↑ 3.0 3.1 3.2 3.3 Gallo M, Thinyane H, Teufel J. Community health centers and sentinel surveillance of human trafficking in the United States. Public Health Reports. 2022 Jul;137(1_suppl):23S-9S.
  4. ↑ 4.0 4.1 4.2 United Nations Office on Drugs and Crime. Global Report on Trafficking in Persons 2024
  5. ↑ Munro-Kramer ML, Beck DC, Martin KE, Carr BA. Understanding health facility needs for human trafficking response in Michigan. Public Health Reports. 2022 Jul;137(1_suppl):102S-10S.
  6. ↑ 6.0 6.1 6.2 6.3 6.4 Department of Defense. Key Terms & Definitions. Available from: https://ctip.defense.gov/Portals/12/1%202_Key_Terms_and_Definitions_FY%2021_Final_v2.pdf (accessed 14 June 2023).
  7. ↑ 7.0 7.1 7.2 7.3 7.4 7.5 7.6 7.7 US Department of Health and Human Services. Fact Sheet: Human Trafficking. Available from: https://www.acf.hhs.gov/otip/fact-sheet/resource/fshumantrafficking (accessed 22/April/2023).
  8. ↑ 8.0 8.1 8.2 The Polaris Project. Trafficking vs. Smuggling: Understanding the Difference. Available from: https://polarisproject.org/blog/2021/05/trafficking-vs-smuggling-understanding-the-difference/ (accessed 23/April/2023).
  9. ↑ 9.0 9.1 US Government Information. H. R. 3244. Available from: https://www.govinfo.gov/content/pkg/BILLS-106hr3244enr/pdf/BILLS-106hr3244enr.pdf (accessed 14 June 2023).
  10. ↑ 10.0 10.1 10.2 10.3 Stop the Traffick. Types of Exploitation. Available from: https://www.stopthetraffik.org/what-is-human-trafficking/types-of-exploitation/ (accessed 23/April/2023).
  11. ↑ US Department of Health and Human Services. Fact Sheet: Human Trafficking. Available from: https://www.acf.hhs.gov/otip/fact-sheet/resource/fshumantrafficking (accessed 22/April/2023).
  12. ↑ 12.0 12.1 The Polaris Project. Trafficking vs. Smuggling: Understanding the Difference. Available from: https://polarisproject.org/blog/2021/05/trafficking-vs-smuggling-understanding-the-difference/ (accessed 23/April/2023).
  13. ↑ US Immigration and Customs Enforcement. Human Trafficking vs Human Smuggling. Available from: https://www.ice.gov/sites/default/files/documents/Report/2017/CSReport-13-1.pdf (accessed 23/April/2023).
  14. ↑ YouTube. Human Trafficking vs Smuggling. Available from: https://www.youtube.com/watch?v=A_Oe24le2mY [last accessed 14 June 2023]
  15. ↑ 15.0 15.1 15.2 Stop the Traffick. Sex Trafficking vs Sex Work: Understanding The Difference. Available from: https://www.stopthetraffik.org/sex-trafficking-vs-sex-work-understanding-difference/ (accessed 23/April/2023).
  16. ↑ 16.0 16.1 16.2 22 US 7102 Code Chapter 78 Trafficking Victims Protection
  17. ↑ 17.0 17.1 17.2 17.3 United Nations Office of Drugs and Crime. The Crime. Available from: https://www.unodc.org/unodc/en/human-trafficking/crime.html (accessed 23/April/2023).
  18. ↑ 18.0 18.1 18.2 18.3 18.4 18.5 18.6 Wheeler AC. Trafficker profile according to US federal prosecutions. Anti-trafficking review. 2022 Apr 19(18):185-9.
  19. ↑ 19.0 19.1 19.2 19.3 19.4 19.5 19.6 US Department of Justice. What is Human Trafficking. Available from: https://www.justice.gov/humantrafficking/what-is-human-trafficking#:~:text=Although%20there%20is%20no%20defining,stable%2C%20safe%20housing%2C%20and%20limited (accessed 26/April/2023).
  20. ↑ 20.0 20.1 20.2 20.3 20.4 20.5 20.6 20.7 Department of Homeland Security, Blue Campaign. What Is Human Trafficking?. Available from: https://www.dhs.gov/blue-campaign/what-human-trafficking (accessed 23/April.2023).
  21. ↑ 21.0 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 High Speed Training. Methods of Human Trafficking and Recruitment. Available from: https://www.highspeedtraining.co.uk/hub/methods-of-human-trafficking/ (accessed 23/April/2023).
  22. ↑ US Department of State. Intersection of Human Trafficking and Addiction. Available from: Department of Health. Policies and guidance. Available from: www.dh.gov.uk/PolicyAndGuidance/fs/en (accessed 2 May 2018). (accessed 9 October 2023).
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