Traffickers use violence, threats, blackmail, false promises, deception, manipulation, and debt bondage to trap vulnerable individuals in horrific situations. According to the federal Trafficking Victims Protection Act (TVPA), severe forms of human trafficking are legally defined as:
Sex trafficking is the recruitment, harboring, transportation, provision, or obtaining of a person for the purposes of a commercial sex act, in which the commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age, (22 USC § 7102).
Labor trafficking is the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purposes of subjection to involuntary servitude, peonage, debt bondage, or slavery, (22 USC § 7102).
For more information on these legal definitions, click here to visit the Federal Law page.
Human trafficking occurs when a trafficker takes any one of the enumerated actions, and then employs the means of force, fraud or coercion for the purpose of compelling the victim to provide commercial sex acts or labor or services. At a minimum, one element from each column must be present to establish a potential situation of human trafficking. Situations of minors engaging in commercial sex are human trafficking, despite the presence of force, fraud or coercion. The presence of force, fraud or coercion indicates that the victim has not consented of his or her own free will.
Every year, human traffickers generate billions of dollars in profits by victimizing millions of people in the United States and around the world. Traffickers are estimated to exploit 20.9 million victims, with an estimated 1.5 million victims in North America, the European Union and other Developed Economies combined. Despite growing awareness about this crime, human trafficking continues to go underreported due to its covert nature, misconceptions about its definition, and a lack of awareness about its indicators.
Why Trafficking Exists
Human trafficking is a market-driven criminal industry that is based on the principles of supply and demand, like drugs or arms trafficking. Many factors make children and adults vulnerable to human trafficking. However, human trafficking does not exist solely because many people are vulnerable to exploitation. Instead, human trafficking is fueled by a demand for cheap labor, services and for commercial sex. Human traffickers are those who employ force, fraud, or coercion to victimize others in their desire to profit from the existing demand. To ultimately solve the problem of human trafficking, it is essential to address these demand-driven factors, as well as to alter the overall market incentives of high-profit and low-risk that traffickers currently exploit.
Labor trafficking and sex trafficking of U.S. citizens and foreign nationals persist and thrive for a number of reasons, including:
- Low Risk: Human traffickers perceive there to be little risk or deterrence to affect their criminal operations. While investigations, prosecutions and penalties have increased throughout recent years, many traffickers still believe the high profit margin to be worth the risk of detection. Factors that add to low risk include: lack of government and law enforcement training, low community awareness, ineffective or unused laws, lack of law enforcement investigation, scarce resources for victim recovery services, and social blaming of victims.
- High Profits: When individuals are willing to buy commercial sex, they create a market and make it profitable for traffickers to sexually exploit children and adults. When consumers are willing to buy goods and services from industries that rely on forced labor, they create a profit incentive for labor traffickers to maximize revenue with minimal production costs.
Left unchecked, human trafficking will continue to flourish in environments where traffickers can reap substantial monetary gains with relatively low risk of getting caught or lost profits.