nclr_2016_19_4_592

SEXUAL LIBERATION OR VIOLENCE AGAINST
WOMEN? THE DEBATE ON THE LEGALIZATION

OF PROSTITUTION AND THE RELATIONSHIP
TO HUMAN TRAFFICKING
Jessica Swanson*
Downloaded from http://online.ucpress.edu/nclr/article-pdf/19/4/592/207440/nclr_2016_19_4_592.pdf by guest on 01 October 2024

This article explores arguments about the legalization of prostitution and how
they impact human trafficking. One argument holds that prostitution is a form
of sexual liberation, expression, and women’s agency. The counterargument
views prostitution as a form of violence against women and maintains that,
where prostitution is legal, human trafficking will increase to meet the open
demand for sex. These arguments, however, do not account for variations in
cultural beliefs and traditions, gender inequality, or the impact of the formation
of a global society. The complementary theoretical frames of gender inequality
and the formation of a global society are viewed through a global criminal
justice lens. Through this framework, this article discusses the prostitution and
human trafficking laws of the Netherlands, the United Kingdom, and the
United States, which have varying stances on the legalization of prostitution,
and how their laws create challenges for law enforcement. Without consider-
ation for complementary theoretical frames, differing laws among jurisdictions,
and challenges for law enforcement, problems such as overgeneralization, faulty
assumptions, and passing ineffective or shortsighted laws will fuel the debate on
the legalization of prostitution and, in turn, inhibit progress in efforts to combat
human trafficking.
Keywords: human trafficking, prostitution, sex trafficking, female sexual

exploitation
*Jessica Swanson is a doctoral candidate in the Department of Criminal Justice at

Indiana University–Bloomington. Her research interests include human trafficking and
global female exploitation.
New Criminal Law Review, Vol. 19, Number 4, pps 592–639. ISSN 1933-4192, electronic
ISSN1933-4206. © 2016 by The Regents ofthe University ofCalifornia. All rights reserved. Please
direct all requests for permission to photocopy or reproduce article content through the
University of California Press’s Reprints and Permissions web page, http://www.ucpress.edu/
journals.php?p¼reprints. DOI: 10.1525/nclr.2016.19.4.592.
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SEXUAL LIBERATION OR VIOLENCE AGAINST WOMEN? | 593
INTRODUCTION
There is a significant debate regarding the relationship between the legal

status of prostitution and the degree of human trafficking that involves
sexual exploitation, however, little research accounts for variations in cul-
tural beliefs and traditions, gender inequality, or the impact of the forma-
tion of a global society. First, we must clarify that, although laws vary

among jurisdictions, prostitution generally is the act of exchanging sexual
services for some other good, service, or money. Human trafficking takes
many forms and can include the trafficking of humans for the purpose of
sexual exploitation, such as forcing someone to work as a prostitute. With-
out the consideration for the complementary theoretical frames of gender
inequality and the formation of a global society, variations in laws among
jurisdictions, and the challenges for law enforcement tasked with interpret-
ing and enforcing these laws, problems such as overgeneralization, faulty
assumptions, and passing ineffective or shortsighted laws will continue to
fuel the debate on the legalization of prostitution and, in turn, inhibit
progress in efforts to combat human trafficking.
Scholars have formed two camps arguing the legalization of prostitution.
One argument holds that where prostitution is legal, human trafficking
rates increase to meet the open demand for sex. This abolitionist view
advocates for the criminalization of prostitution, citing feminists who view
prostitution as a form of violence against women, and highlights the gen-
dered inequality in this tool of the patriarchal global economy. Another
argument promotes prostitution or sex work as a legitimate profession that
serves as an expression of women’s choice and agency. Sexual liberalism in
the modern era is not shared by all cultures, and this argument struggles in
a global debate in which individual choice is questioned.
A global criminal justice framework is examined at both global and local
levels, and is used here to explore the relationship between prostitution and
sex trafficking by examining the written law and the challenges for local law
enforcement in their efforts to combat global human trafficking. Using
complementary theoretical frames of gender inequality and the formation
of a global society, the article first presents the definition of the problem to
expose the impact of human trafficking on a global scale, and then reviews
the literature associated with the dominant views regarding the debate on
the legality of prostitution. The analysis reveals the complexity of human
trafficking as a crime and the reactionary nature of existing laws responding
594 | NEW CRIMINAL LAW REVIEW | VOL. 19 | NO. 4 | FALL 2016
to a global moral panic. Through this framework, this article examines the
collision of these two levels and the resulting challenges. Not denying that
human trafficking can take on many forms, this article focuses on sexual
exploitation and the ways in which the crime targets women and girls.
Additionally, a discussion of how gender inequality and the formation of
a global society have presented new challenges for combating human traf-
ficking at a local level is required to reveal the shortcomings of existing

efforts. One example of the global society is the Global Report on Traf-
ficking in Persons (TIP Report), which has been criticized for its use solely
as a diplomatic tool, but at this point it remains the only global mechanism
in place that attempts to measure the magnitude of human trafficking and
oversee efforts to combat it.
After laying the theoretical and empirical foundation, the principal laws
addressing human trafficking and prostitution in the Netherlands, the
United Kingdom, and the United States are presented. These nations were
selected for their differing approaches to the legalization of prostitution.
The historical development of these laws, as well as the approach to human
trafficking laws in nations with illegal prostitution, will reveal that the
legality of prostitution in a nation does not determine the level of human
trafficking. Following the review of the laws, the critical challenges for law
enforcement including the use of discretion and corruption are explored.
The result is to emphasize how existing prostitution and human trafficking
laws are often the result of overgeneralizations and faulty assumptions,
which led to challenges for the criminal justice system. Furthermore, it
highlights how the debate on the legalization of prostitution overshadows
the greater issues of poverty, substance abuse, gender inequality, and des-
peration, which arguably are the driving forces behind human trafficking.
I. HUMAN TRAFFICKING AS A GLOBAL PROBLEM
Awareness of human trafficking has significantly increased because of

celebrity endorsements and shock campaigns that have revealed the hei-
nous crime as a global problem but falsely deny it is also a local problem. As
reported in the 2014 TIP Report, more than 60 percent of trafficking victims
are foreigners in the country in which they are identified, indicating approx-
imately 40 percent of trafficking victims do not leave their home nation.
These highly emotional campaigns often depict women and children forced
to work as sex slaves (Haynes, 2014). Though the majority of all trafficking
cases (53 percent) are for the purpose of sexual exploitation, cases of forced
labor account for 40 percent and other forms of trafficking represent the
remaining 7 percent (UNODC, 2014). Forms of forced labor can include
work in manufacturing, farming, and other industries as well as work in
private settings such as nannies or maids. There are significant variations by
region, noting that in Europe and Central Asia, approximately 66 percent

of all cases are for sexual exploitation, and in East Asia, South Asia, and the
Pacific, 26 percent of all cases are for sexual exploitation. Other forms of
trafficking account for the remaining 7 percent and include human organ
removal and the use of children for armed combat or forced begging
(UNODC, 2014). Adult women are also significantly more involved
in trafficking, both as offenders at nearly 30 percent and as victims at
49 percent. Adult males make up 18 percent of the identified trafficking
victims, and the remaining 33 percent of victims are children (12 percent
boys and 21 percent girls). Of the adult female trafficking victims, 79 per-
cent are for the purposes of sexual exploitation. Lastly, when examining the
proportion of all victims of sexual exploitation, the United Nations reports
97 percent are female, irrespective of age (UNODC, 2014). These results
highlight that human trafficking in general affects everyone, but females are
more likely to be victims of sexual exploitation.
These data represent a global level of analysis that compartmentalizes
trafficking types and victims into categories and presents shocking statis-
tics, thus contributing to a moral panic (Weitzer, 2007). Weitzer found
feminists committed to the abolition of prostitution have played the lead-
ing role in creating a global human trafficking moral panic, and their
demands have become incorporated in government policy, legislation, and
law enforcement practices (p. 447). The moral crusade, as described by
Weitzer, is one of the forces that transform a social condition into a ‘‘prob-
lem.’’ These so-called moral entrepreneurs highlight the most atrocious
accounts of trafficking and present their findings from a moral high-
ground generating public concern. This public concern is the foundation
for the moral panic and is substantiated when governments are quick to
introduce new legislation criminalizing human trafficking.
The creation of human trafficking laws stems in part from the moral
panic in which awareness of the topic is formed through increased news,
television, and Hollywood exposure. This exposure has led to the formation
of numerous aide campaigns and public outcry claiming that something
must be done to end this form of modern-day slavery. As such, the Protocol to
Prevent, Suppress, and Punish Trafficking in Persons, especially Women and
Children, known as the Palermo Protocol, was adopted by the United
Nations General Assembly in 2000 (Jeffreys, 2009; United Nations,
2000). Increasing numbers of American and Western Europeans have
responded to the moral panic by offering aid to trafficking victims to stave
off the threat to moral standards.

The debate on the existence of a relationship between prostitution and
human trafficking has created a significant divide and may be premature, as
human trafficking laws are still in their infancy in a majority of the world’s
nations. Many of the laws have been on the books for less than fifteen years.
At the intersection of the local and global, local law enforcement officers
and members of the criminal justice system are combating a global crime.
At this intersection, cultural awareness, local practices, societal values, and
global ideals collide with the written law.
To explore the relationship between prostitution and human trafficking,
an evaluation of the written laws is required to expose the reasons for the
different legal approaches, and what and whom the laws target. Nations
such as the Netherlands have legalized prostitution, while other nations
such as the United States prohibit it by location (ProCon.org, 2010). In the
United Kingdom prostitution is legal, but associated acts such as brothel
ownership, forced prostitution, and pimping are illegal (Sexual Offences
Act, 2003). These three nations represent the primary approaches to forms
of legalized prostitution that many nations around the world have adopted.
An examination of the written laws in these three nations reveals how the
different approaches to legalized prostitution are aligned with different laws
on trafficking; the laws of these three nations are then compared both to
each other and to nations where prostitution is illegal.
Where there are laws, there must be interpretation and enforcement.
Local law enforcement is tasked with these duties to address a global
concern. As such, challenges for local law enforcement have emerged and
include addressing the underlying factors that have led people to
involvement in trafficking (Weitzer, 2007), the application of laws,
enforcement of laws (Farrell, Owens, & McDevitt, 2014), corruption
(McCarthy, 2010), the use of discretion, and public support. The find-
ings reveal that at the local level of analysis, the challenges for the
criminal justice system in combating human trafficking are similar
regardless of the legality of prostitution.
The challenges for law enforcement at the local level do not align with
the global perception of human trafficking. At the local level, law enforce-
ment officers encounter barriers to the investigation of human trafficking
and the associated offenses. Local agencies often lack training and person-
nel to investigate the crimes. The laws are not evenly applied across all
jurisdictions, and some agencies may battle their own issues with corrup-
tion (Farrell et al., 2014; McCarthy, 2010; Weitzer, 2011). These local-level

challenges do not support the perception of trafficking victims as presented
by feminists.
II. THE NATURE OF HUMAN TRAFFICKING
As noted by Keo, Bouhours, Broadhurst, and Bouhours (2014), the liter-

ature on human trafficking is ‘‘replete with unsubstantiated, extraordinary
estimates of the extent and profitability of the phenomenon’’ (p. 204).
Similar findings consistently appear in the literature aligning with moral
entrepreneurs motivated to abolish prostitution or validate sex work as
a legitimate profession that empowers a woman’s agency. The media por-
tray human trafficking victims as young, innocent women in need of help.
Often these women are from poverty-stricken and war-torn nations such as
those in the former Soviet Bloc and have been forced into the sex trade
(Malarek, 2003). Other global images of trafficking include migrant work-
ers in search of work and enduring the most unsavory of working condi-
tions, earning just pennies (Bales, 2012; Ehrenreich & Hochschild, 2002).
The American and Western European media highlight coercion and the
forced nature of trafficking with stories of kidnapping and innocence lost.
Other researchers have uncovered, through victim interviews, that many
women have been forced into the sex trade, leading to questioning the
legality of prostitution and how and or if it relates to human trafficking
(Agustin, 2007; Bales, 2012; Chapkis, 2003; MacKinnon, 2011; Waugh,
2006).
Human trafficking is often also intertwined with human smuggling and
‘‘illegal’’ immigration, where smuggling is the voluntary crossing of
a national border with assistance. Researchers such as Chacón (2010) note
that efforts to combat illegal immigration ‘‘might actually facilitate traffick-
ing’’ (p. 1640) as trafficking victims are unintentionally targeted by law
enforcement. For example, along the southern border of the United States,
there has been an increase in border enforcement and an increase in the

number of criminal organizations that promote illegal migration, whether
for the purposes of trafficking or smuggling. This increased violence along
the border has made the northern trip more difficult for those attempting
to come to the United States from Mexico (Chacón, 2010). Additionally,
federal and state laws designed to remove illegal migrants unintentionally
help ‘‘traffickers assert control over victims once those victims are in the

United States’’ (Chacón, 2010, p. 1612). Out of fear of deportation, many
foreign victims fear law enforcement and are more reluctant to report crimes,
making them more vulnerable to exploitation from traffickers. This reluc-
tance to report crimes and the associated challenge for local law enforcement
is an example of the intersection of the global and local constructs.
One aspect of human trafficking that has been uncovered by researchers
embraces those women (and men) who voluntarily enter the trade. These
individuals often are desperate for work, money, or food and live in a nation
on the edge of economic collapse (Agustin, 2007). Their responsibility to
care for their family and the lack of legitimate work in their home nation
often leaves them desperate. They respond to advertisements in newspapers
or on the internet offering jobs abroad with all expenses paid. If others from
their community have entered into this lucrative workforce, they are aware
of the type of work they will endure. They know they will be working as
nannies, maids, or sex workers (Waugh, 2006). They also know the dangers
and the debt bondage they will incur (Bales, 2012; Malarek, 2003; Ehren-
reich & Hochschild, 2002).1 The debt may increase as fees are charged for
interest, rent, food, and clothing, but the original debt is often based on the
transportation to their new location. These individuals hand over their
official documents to the traffickers and may use forged documents to gain
entry into the new country. As such, the individuals are illegal residents in
their new nations, which reduces their likelihood of contacting the police
about their working situation. They are then at the mercy of the trafficker,
and although conditions may not be ideal, it is often better than it had been
in their home nation.
Individuals who find themselves in the sex trade face similar conditions.
Again, they usually incur some form of debt bondage and find themselves
without proper documentation in a foreign nation. They find harsh
1. Debt bondage is a form of coercion as traffickers exploit an initial debt the worker
assumed as part of the terms of employment (USDOS, 2014).
working conditions and must see dozens of clients a day just to meet the
debt minimum payment. These women face additional challenges if they
are saved and returned to their home nation, as they are now shunned in
their villages (Agustin, 2007; Bales, 2012; Waugh, 2006). Finding legiti-
mate work in their home nation is still difficult, especially with the dark
shadow now hanging over their heads. These women then re-enter the
trade, as they have no other available opportunities to survive. This fight for

survival is unknown to many Westerners, including the professed ‘‘white
savior,’’ as described by Agustin (2007), so named for the American and
Western European conquerors who set out to save the savage world and
impress upon it their own cultural, societal, and religious beliefs (Agustin,
2007). The ‘‘white savior’’ represents another collision of the global and
local constructs. The global level entails numerous cultures and values, each
thriving within its own local-level construct. When two local-level con-
structs collide, conflict may result, as both parties believe they hold superior
values, beliefs, and mores.
In both American and Western European cultures, attitudes toward
women and gender equality are progressive. There have been great strides
to achieve gender equality in these nations including increasing political
representation, family responsibilities, educational equality, and work-
place equality. Eastern European, Middle Eastern, and Latin American
cultures each embrace a different attitude toward the role of women, and
from a Western point of view, the treatment of women in these nations is
oppressive.
The Western objective to bring democracy to places around the world
considered to be ‘‘savage’’ in comparison to Western standards of living is
supported by the Western effort to save trafficking victims (Agustin, 2007).
By Western standards, otherness or holding a different set of values and
beliefs is considered to be a savage construct, and any place in the world
that is inherently different—whether in culture, politics, religion, or the
color of individual’s skin—falls into this category. Desperation in these
‘‘other’’ places often is the result of tenuous survival. A mother may be
desperate for food to feed her children, a child may be desperate for love
and attention, a young girl may be desperate to escape an abusive home, or
a person may be desperate to quench their addiction to a drug. Desperation
takes on many forms and is often the driving force behind an unconven-
tional means of survival. The concept of the ‘‘white savior’’ reaching out to
save these victims is invalidated when these saved victims are returned to
their home nation only to return to the trafficking trade, conceivably once
again leaving their home nation. Are these efforts to save victims wasted?
The lack of understanding of what true desperation is to the Western
‘‘white savior’’ is lost as the cycle of trafficking continues for many indivi-
duals, particularly women, from these ‘‘other’’ places (Agustin, 2007).
Agustin (2007) holds the viewpoint that ‘‘sex work’’ is a legitimate
means for a woman to express choice and agency. This sexual liberalism

viewpoint defends trafficking of women for the purposes of prostitution by
explaining trafficking as ‘‘migration for labor’’ (Agustin, 2007). This view-
point is challenged by varying cultural standards regarding gender and
morality in the global society. When faced with the prospect of starving
to death or having one’s child starve to death, sex work may be the only
alternative for survival (Agustin, 2007). Sex work allows women, who have
nothing else to offer in the world, who lack skills, and who are given few
opportunities in life, a means to earn a legitimate wage.
Feminist scholars such as MacKinnon represent the viewpoint of the
‘‘white savior’’ and interpret all forms of sex work as degrading and oppres-
sive to women (2011). This abolitionist view recognizes the gender inequal-
ity found in prostitution and human trafficking and how it is fueled by
a patriarchal global economy. The findings of MacKinnon and Sullivan
suggest that the intersection of prostitution, immigration, and trafficking
laws work against each other in efforts to identify and help victims of
trafficking and prosecute traffickers. For example, Sullivan (2007) explored
the legalization of prostitution in Victoria, Australia, citing that the legal-
ization stemmed from the position of workers’ rights. The findings suggest
that despite the government’s attempt to regulate the sex industry, it has
been unsuccessful in controlling illegal brothel ownership, child prostitu-
tion, or trafficking for sexual slavery. Sullivan (2007) claims that due to
Australia’s leniency toward prostitution, it is viewed internationally as
a profitable destination for trafficked women. However, evidence of this
claim is not provided. MacKinnon relies on the work of Sullivan (2007),
who noted, ‘‘few incidents of sex trafficking that have come under the
Government’s scrutiny since prostitution was first legalized in 1984’’
(p. 210). It appears that where prostitution is legal in Australia, such as
legal brothels in Victoria, law enforcement assumes the brothels are oper-
ating within the law. Additionally, Sullivan stated, ‘‘prosecution of traffick-
ers is ultimately hampered because the women whose travel visas lapse are
normally deported once authorities discover them in brothels, irrespective
of their ‘victim’ status’’ (p. 220). The author suggests legalized prostitution
draws traffickers to bring women to Australia to work in the legal brothels.
Authorities in turn deport women if their travel visas have expired and do
not investigate if the women could be victims of human trafficking because
they were working in legal brothels. However, Sullivan (2007) offers no
evidence that these women are victims of trafficking or if they were in
Australia working on their own accord. These findings do not suggest

prostitution directly causes trafficking, as the authors claim, but other
factors affect the ability of the laws to work as intended. Those factors
include the efforts of criminal justice actors and the language, interpreta-
tion, and enforcement of laws (MacKinnon, 2011; Sullivan, 2007).
MacKinnon (2011) claims prostitution cannot be separated from traf-
ficking, and when ‘‘prostitution is legalized, trafficking goes through the
roof’’ (p. 304). According to MacKinnon, illegal prostitution increases
when prostitution is legalized. MacKinnon narrowly describes legalized
prostitution as a ‘‘social experiment, gone bad’’ in her public lecture of the
same title. This opinion of prostitution is based on anecdotal evidence and
is shrouded by a global moral taboo treatment of sex (Agustin, 2007).
According to Jeffreys (2009), this disagreement on the legality of prostitu-
tion is preventing feminists from addressing the real issue of female exploi-
tation. Both viewpoints acknowledge the link between prostitution and
human trafficking. As such, the discussion of the legality of prostitution
enters the discussion of sex trafficking.
The link between attitudes toward prostitution and sex work as identi-
fied by nongovernmental organizations (NGOs) and human trafficking
laws represents the disjuncture of cultural norms of a specific state or
country and the law on the books. The findings presented in this article
suggest that regardless of a nation’s laws about the legalization of prostitu-
tion (or sex work), it is too early to determine the relationship with human
trafficking, and that the debate on the legalization of prostitution clouds
the underlying issues that make combating human trafficking difficult for
law enforcement. Based on current measures, human trafficking is just as
common in countries that have legalized prostitution as in those where
prostitution is illegal. However, understanding the link will enable the
disassociation of prostitution laws from human trafficking laws and the
development of more effective means to combat human trafficking. Next,
a theoretical framework will be presented in which to analyze the debate on
the legalization of prostitution. Efforts are needed to address the underlying
causes of this exploitation, including gender inequality and the develop-

ment of the global society.
III. LINKING GLOBAL CRIMES TO LOCAL

ENFORCEMENT

Globalization has linked people in new ways through industrialization,
transportation, and technology. Laws and policies once designed for sov-
ereign nations are increasingly difficult to adapt and apply to the rapidly
changing landscape of the globe. With the positive changes in how people
connect come new ways for criminals to exploit, terrorize, or harm people
and the environment. A global framework explores the various entry points
into the global construct from the local construct, and these entry points
are shaped by various experiences, knowledge, and beliefs of local-level
individuals (Appiah, 1997; Nussbaum, 1993). These local-level individuals
mold the interpretation of the global and establish the basis for how to
examine and understand the complexity of the world. This includes work-
ing together, acknowledging differences, and most importantly, identifying
connections between people and between locations. The global-level anal-
ysis must incorporate people and their interactions with each other in
society. With people and locations come culture, language, politics, econ-
omy, rights, and all the differences that give each human an identity
(Appiah, 1997; Nussbaum, 1993). The development of a criminal-justice-
focused global framework promotes understanding of why some people
deviate from the norms and others conform across the globe, and can help
shape policy and practice at the local level.
Often, international geographical borders are more than just arbitrary
dividers of nations. Humans are migratory creatures, and laws protecting
these borders have contributed to a global crime concern. Individuals cross
national borders as migrants through a variety of means and varying levels
of legality. Victims of human trafficking may be forced to cross borders
against their will or may voluntarily enter the trade as a means of survival
(Bales, 2012). Either way, the foreign human trafficking victim displaced in
a new nation represents the local construct connecting to the global con-
struct. Through their entry point, individuals bring with them culture and
language. As they work with and live among their new neighbors, they
share their traditions and values. The human network for these individuals
has increased, and the location in which they now reside has formed
a connection to another locale. Individuals may return to their native land,
again making a connection between two locales, and thereby expanding
individuals’ interpretation of the global construct (Appiah, 1997; Nuss-
baum, 1993). This global criminal justice framework allows for a greater
understanding of the complexities associated with human trafficking com-
pared to gender-based frameworks.

In the debate on the legalization of prostitution, a gender-based frame-
work that fails to capture the link between gender inequality and the global
society guides both abolitionist and sexual liberalism views. The abolition-
ist view of prostitution, promoting its criminalization, holds that prostitu-
tion is a form of violence against women. This viewpoint does not
recognize differences in cultural standards of living or variations in the
standards associated with legalized prostitution. It does not recognize the
underlying issues associated with prostitution that could lead to human
trafficking, and it assumes that all forms of prostitution are equal. The
abolitionist view fails to recognize the entry points of individuals, which are
shaped by different experiences and beliefs (MacKinnon, 2011; Sullivan,
2007).
The sexual liberalism view values prostitution as a legitimate form of
employment that can empower women through their individual choice and
agency. This viewpoint holds gender equality as a shared value around the
world and does not allow for non-Western ideals associated with gender,
religion, and morality. At the global level, this viewpoint does not identify
cultural traditions, beliefs, and differences in views toward sexual morality,
particularly female sexuality (Agustin, 2007; Jeffreys, 2009).
Therefore, through the global framework, both the abolitionist and
sexual liberalism views of prostitution fail to identify the essential entry
points into the global construct. Failure to recognize these cultural stan-
dards leads to overgeneralizations and faulty assumptions, thus producing
ineffective and shortsighted laws. In other words, both abolitionist and
sexual liberation views focus at the local level, and particularly at a Western
local level. To combat global crimes such as human trafficking, there must
be an understanding of global connections. The complementary theoretical
frames of gender inequality and the formation of a global society both must
be considered, as they provide the basis for the challenges local law enforce-
ment encounters in their efforts to combat the global crime of human
trafficking.
A. Gender Inequality
The Palermo Protocol as well as the TIP Reports were drafted from a West-
ern perspective and aim to implement changes in non-Western societies.
The assumptions held in Western morality regarding ‘‘right’’ are not shared
around the world (Steinberger, 1983). For example, females in Western
cultures have made great strides with regard to gender equality, but equal

treatment of females in educational opportunities, employment, religious
practices, and political representation is not shared globally. Although not
entirely equal, females in Western cultures have the same rights as their
male counterparts. As Farmer (2009) noted, the power differential experi-
enced by females as a result of male-dominated societies ‘‘has meant that
women’s rights may be violated in innumerable ways’’ (p. 21). Differences
in cultural norms in which females are oppressed present a compounding
factor that must be considered in the examination of the relationship
between prostitution and human trafficking (Ballaeva, 2007; Farmer,
2009; Oude Breuil, Siegel, van Reenen, Beijer, & Roos, 2011).
Ballaeva (2007) discussed the aspect of security in relation to gender.
Generally, security is described as protection from external and internal
threats. The gendered approach to security views security as ‘‘a system of
conditions of existence that enables subjects to exercise their human rights,
that enables empowerment and self-realization’’ (p. 57). Because of the
socialized differences between women and men, a gender imbalance in
power relations exists. As men are socialized into more dominate roles,
their needs and interests are placed above those of women. The gendered
approach to security thus allows us to view the subordination of women as
a condition of the socialization process exemplified through human secu-
rity. The United Nations Declaration of Human Rights (2013) states every-
one has the right to security, understood by Ballaeva as the freedom from
fear and need.
According to Ballaeva (2007), the responsibility of security should be
delegated to the state law enforcement and military units as well as to civil
society and social institutions. Since the needs of females are different, due
to their oppressed social position reflected in gender inequalities in eco-
nomics, social status, political participation, and family role stereotypes, the
‘‘gendered approach to security problems reveals differences in the security-
related needs and interests of men and women as gender groups’’ (p. 61).
The government’s failure to ensure the security of women as a gender group
results from the gender imbalance in the political system and the male
dominance agenda in social policy.
Female subordination in civil society situates females to be the more
likely victims in cases of human trafficking and sexual assault. Thus,
through the gendered approach to security, females are victims of these
crimes because of the gendered socialization process that characterizes
females as physically and socially inferior. Additionally, due to the predom-

inately male-headed state’s ineffective protection of females, they have
denied the female gender their right to security, which includes the right
not to be the victim of oppression (Ballaeva, 2007; Farmer, 2009). Female
representation in government is minimal around the world, and as Ballaeva
(2007) described, this gender imbalance fuels violence against women. The
failed right to security is a result of the ‘‘absence of a political strategy to
achieve equality of rights between men and women’’ (p. 65).
Oude Breuil, Siegel, van Reenen, Beijer, and Roos (2011) discuss the
dynamics of the victim and perpetrator in their ethnographic study of sex
trafficking in Western Europe. They were able to analyze the existing
literature, and research and identify three distinct types of narratives: legal,
enforcement, and ethnographic. Their findings in the narratives identify
the numerous stories of human trafficking for sexual exploitation and how
the interpretations of criminal justice institutions reflect the conflicting
interests of the involved parties. Each actor in the sex trafficking industry
is represented differently, and the findings reveal that no single narrative
tells the entire story. Interpreting each of these stories allows for a greater
understanding of the larger picture and the complexity of the phenome-
non. Those actors with the most power are able to enforce their narratives
onto others, resulting in the institutionalization of laws and policies (Oude
Breuil et al., 2011). Focusing on how these three distinct types of narratives
tell the story of human trafficking, the authors note the poor empirical basis
of most trafficking research and how this has not stopped researchers and
advocacy groups from making policy recommendations (Oude Breuil et al.,
2011).
Oude Breuil et al. (2011) first examined the legal narrative through
international treaties and laws. As the view toward human trafficking has
evolved, so too has the concern. In the development of international agree-
ments since 1904, the image of the victim has broadened from the ‘‘recruit-
ment of women for sex work by means of force or deceit’’ (or forcing
women into prostitution) to ‘‘sexual slavery,’’ which considers all forms
of prostitution as being forced as a result of male dominance (p. 33). Over-

tones of female subordination and male power dominate the legal dis-
course. These examples of gender inequality in the human trafficking
legal literature reflect the conflict experienced where the global and local
constructs merge and demonstrate the dominate attitudes presented by
researchers. The legal narrative will be discussed further in the examination
of human trafficking and prostitution laws later in this article.

The second narrative focused on enforcement efforts, which orients law
enforcement into the role of seeking to punish the perpetrator. As with
most crimes, such as robbery, homicide, or rape, the goal of the law is to
punish the offender for their wrongdoing. Victims of robbery or rape are
not part of the criminal justice and legal systems. Victims report crimes to
law enforcement and may aid in the prosecution of their offender, but the
law does not provide restitution for the wrong committed against them.
Forms of restitution may be granted during a criminal trial, but the written
law generally does not provide victim compensation.
The human rights framework within the enforcement narrative ap-
proaches victims as needing protection and assistance. Victims do not exist
without a perpetrator of a crime, but most criminal justice systems prior-
itize perpetrator punishment over victim assistance and aid. Additionally,
law enforcement is not generally inspired to pursue criminal networks of
human traffickers due to their already heavy workload and to the complex-
ities of successfully investigating a lead to result in the prosecution of
a trafficker (Oude Breuil et al. 2011). Both the feminist and abolitionist
views of prostitution support this approach. The associated challenges for
law enforcement and others in the criminal justice system are addressed
later in this article.
Third and finally, the ethnographic narratives describe some trafficked
women as not identifying as victims, despite obvious aspects of force and
deceit. Oude Breuil et al. (2011) described some women as feeling responsible
or accepting of their situation. The oppressive conditions they escaped were
comparable if not worse than the conditions in their new location. Con-
versely, not all victims have the same poor socio-economic backgrounds. The
image of the human trafficking victim thus cannot be stereotyped, as not all
victims of human trafficking feel as though they are victims in the traditional
sense of the word. Evidence from ethnographic narratives find victims of
human trafficking have a variety of experiences and come from many dif-
ferent backgrounds, thus reinforcing the concept of the global construct.
Images of prostitutes are used in the enforcement and legal narratives to

depict trafficking victims, regardless of whether they are actually victims of
trafficking, as a tool to advance their claims surrounding the oppressive
nature of trafficking (Oude Breuil et al. 2011). In the enforcement and legal
narratives, some prostitutes had voluntarily, without force or coercion,
entered the prostitute profession. Other females, who were also identified
as prostitutes, had been forced or coerced into prostitution. These two

types of prostitutes were not differentiated in the enforcement and legal
narratives. As Kliuchko (2010) noted, ‘‘a number of researchers believe that
the perception of women as passive victims in the escalation of violence in
intimate relationships gets in the way of seeing the dynamics of violent
relationships and can also lead to blaming the victim’’ (p. 82). Oude Breuil
et al. (2011) found the ethnographic narratives provided information to
suggest that trafficking networks may not be transnational or well orga-
nized, which challenges many of the claims of feminists. For example,
feminist lobbying groups have relied on images of vulnerable women con-
trolled by male-dominated members of organized crime groups in promot-
ing a ‘‘war on organized crime’’ to gain political and public support for law
enforcement policies (p. 43). The authors also note the importance of
women’s agency and how it plays into the lived experiences of trafficking
victims (Oude Breuil et al., 2011). The ethnographic narratives also suggest
that the images of victims and perpetrators are situated to advance the
prevailing agenda associated with the legality of prostitution. These varia-
tions in ethnographic narratives demonstrate the disparity in the translation
from law to enforcement and finally to society.
B. Global Society
Human trafficking, smuggling, and illegal immigration are considered global

crimes. They often involve multiple countries, making them difficult to
prosecute in a world where there is no single governing entity and cooper-
ation among nations is limited. As industrialization, technology, and trans-
portation have increased the speed at which individuals and information can
travel, the concept of the global society has become more pronounced.
A civil society, as defined by Taylor (2006), operates in the space between
the individual and the government. It is the movement of ideas, values, and
beliefs that leads to the creation of associations, NGOs, and movements in
the attempt to advance the interests of the civil society. The civil society
promotes individuals to come together in solidarity and embrace tolerance

and compromise while teaching citizens about liberal democracy. Taylor
(2006) described the active civil society as the key component of liberal
democracy, as the actors seek neither power nor profit. As the concept of
a civil society advances beyond that of a single sovereign nation to include the
global society, conflicts will arise regarding which ideas, values, and beliefs
should be advanced. The government’s search for compromise requires

many diplomatic tools; the TIP Report is one of them.
1. TIP Report ranking
The United States passed the Victims of Trafficking and Violence Protection
Act (TVPA) in 2000 that ‘‘established a coordinated, transnational effort to
protect trafficked persons, criminalize the conduct of traffickers, and penalize
sex trafficking as if it were a crime as serious as rape, punishable with
a sentence of 20 years to life imprisonment’’ (Gallagher, 2011; Tiefenbrun,
2007). As Tiefenbrun noted in her review of this legislation, the purpose is to
treat trafficked persons as victims rather than criminals, and to provide
incentives to victims to assist in the prosecution of traffickers. Initially after
the passage of the law, there was an increase in the number of sex trafficking
prosecutions in the United States. In 2001, ‘‘the Department of Justice
prosecuted thirty-four defendants, four times as many as in the year before’’
(p. 258). By 2006, the number of prosecutions rose to 111, and in 2012 reached
125 (USDOJ, 2007; UNODC, 2014). Through an examination of the
impact of the TVPA, Tiefenbrun (2007) found law enforcement has
increased public awareness and its ability to identify victims. The act has
also increased the number of services and resources available to victims.
The TVPA also requires the issuance of an annual TIP Report, which is
aimed to identify the extent of human trafficking globally. Based on criteria
in the TVPA, TIP Reports set a minimum standard for the eradication of
human trafficking and are used to evaluate the performance of participating
nations (Gallagher, 2011). This diplomatic tool used by the United States
has been met with resistance and ridicule, especially by those nations that
have received a low ranking. As Gallagher (2011) noted, the existence of the
TIP Report and its economic sanctions imposed on those who do not
comply ‘‘angers activists and governments alike, who object to the USA
appointing itself supervisor and arbiter of a complex international issue’’
(p. 282). Analysts have questioned the technical quality of the TIP Reports,
identifying the lack of empirical basis and questionable methodology and

data sources (Gallagher, 2011). For example, Russia has consistently per-
formed poorly according to the U.S. standards outlined by the TIP Report,
and been rated at the second lowest level for ‘‘failure to show evidence of
increasing efforts to combat trafficking . . . particularly in providing assis-
tance to victims’’ (McCarthy, 2010, p. 8). One reason for the low ranking is
the limited number of cases prosecuted. Other reasons could be associated

U.S.-Soviet relations dating back to the Cold War era.
The U.S. Department of State prepares the TIP Report using informa-
tion from U.S. embassies, government officials, NGOs, published reports,
news articles, academic research, and information submitted directly to
them through an online information portal (UNODC, 2014; USDOS,
2013). The information identifies each nation’s efforts to address human
trafficking, including prosecution, protection, and prevention. The
Department of State then places each country in one of four tiers as
mandated by the TVPA. These placements are based on the efforts of each
government to reach compliance with the TVPA’s minimum standards,
which were guided by the Palermo Protocol (UNODC, 2014; USDOS,
2013). A ranking of Tier 1 indicates: a country is in compliance with the
TVPA; the government has acknowledged the existence of human traffick-
ing and has made efforts to address the problem; there is general public
awareness regarding protection of victims and prevention; and law-
enforcement strategies have been developed. Countries are reevaluated each
year, and progress must be made to maintain or improve a ranking. The
Netherlands, the United Kingdom, and the United States each were ranked
as Tier I in 2013 (USDOJ, 2007; UNODC, 2014; USDOS, 2013).
Tier 2 countries are those whose governments do not fully comply with
the minimum standards of the TVPA but are making efforts to bring
themselves into compliance. Countries such as Costa Rica and the Philip-
pines were ranked as Tier 2 in both 2007 and 2013. Tier 2 Watch List is the
next level, and this ranking indicates that the number of victims of severe
forms of trafficking is significant or is increasing and that the country has
not demonstrated increasing efforts to combat human trafficking since the
previous year. Afghanistan and Thailand were ranked as Tier 2 in 2007,
and have since been lowered in rank to the Tier 2 Watch List as of 2013
(UNODC, 2014; UNODC, 2009; USDOS, 2013). A ranking of Tier 3 is
for those countries whose governments do not fully comply with the
requirements of the TVPA and are not making significant efforts to do
so. China was on the Tier 2 Watch List in 2007 and has since been placed
at Tier 3 as of 2013 (UNODC, 2014;USDOS, 2013). The 2013 data were the
most recent data available at the time of this writing.
Although organizations such as Amnesty International have cited the
TIP Reports as an ‘‘effective tool for holding governments accountable,’’ in
reality, the consequences of such a ranking system do not translate to
effective measures to reduce human trafficking (Amnesty International,

2012). Gallagher (2011) concluded there is little or no evidence to indicate
these efforts have had an impact on the level of human trafficking. In the
global society, the TIP Reports aim to bring together different nations, but
because of the U.S. dominance and Western tone, many nations are left
feeling their own values and beliefs are insignificant, thus alienating local
efforts to combat trafficking. The failure of the TIP Report as a tool of the
global society contributes to the difficulty of local institutions meeting global
goals. There must be consideration for the existing laws and cultures of the
countries in which the Report imposes actions in order to establish a global
society working together to combat trafficking. As such, the need to discuss
the associated laws and their historical development is critical to understand-
ing how the laws reflect cultural values and traditions at the local level.
IV. PROSTITUTION AND HUMAN TRAFFICKING LAWS
Examining how federal, state, and local law enforcement and prosecutors
apply the law, how it is interpreted by the courts, and how it has changed
over time provides a greater understanding to how it intersects with other
laws, cultures, values, and the global society. Through an examination of
the prostitution and human trafficking laws of three nations with different
stances on prostitution, the relationship between the two becomes more
evident and it reveals how overgeneralizations and faulty assumptions have
led to ineffective or shortsighted laws. The laws of these three nations will
be followed by a discussion of the nations in which prostitution is illegal.
A. Nations with Forms of Legalized Prostitution
1. Netherlands
The Netherlands, a founding member of the European Union, identifies

human trafficking as a serious crime and a violation of basic human rights
(Government of the Netherlands, 2014). As a nation usually associated

with high levels of social tolerance and liberal politics, it presents a stark
contrast to the discriminatory and gender-biased social policies and prac-
tices of Middle Eastern and African nations. Being a world leader at re-
sponding to social concerns, it was the first country in the world to legalize
same-sex marriage and traditionally has had lax policies regarding abortion,
euthanasia, drugs, and prostitution, indicating the Netherland’s liberal

position on these sometimes controversial subjects (Boutellier, 1991; Star-
ing, 2012; Trandafir, 2014). The Netherlands has a long history in the
debate on prostitution and public morality, and its criminal code links
prostitution to human trafficking.
For example, Boutellier (1991) recounted the French introduction of
a system of regimentation (regulation) during their occupation of the
Netherlands between 1810 and 1813. This system recognized that men
needed an opportunity to have sex outside of marriage. During this liberal
period, being with a prostitute was considered a normal part of a man’s
sexuality, as the French believed there was a strong biological sexual urge in
men that should not be suppressed. As such, prostitutes were registered by
the police and medically examined for venereal disease (Boutellier, 1991).
Various forms of regimentation continued even after the French withdrew
in 1813, but they were met with opposition from groups such as Christian
puritans and feminists.2 This began the debate on the link between pros-
titution and moral behavior in the Netherlands. Boutellier (1991) described
a meeting held in 1889 by the Dutch Union against Prostitution. Prior to
1889, the majority supported prostitutes as a necessity to fulfill the male
need for sexual liberalism, and this necessity was challenged by the emerg-
ing Christian puritan and feminist movements, which believed that sexual
desires were impure and females should not be treated as sexual objects.
This 1889 meeting marked the turning point in the stance toward prosti-
tution, changing it from a biological male necessity to a perversion. It was
after this redefinition led by the anti-prostitution movement that ‘‘the state
lost its moral legitimation to regulate prostitution by registration and
medical control’’ (Boutellier, 1991, p. 203). The feminist viewpoint that
women should not be held responsible for their activities shifted the focus
to the men who organized prostitution and served as their clients. As such,
2. For a complete description of the changes in the regimentation system, see Boutellier
(1991).
the Public Morality Act of 1911 did not forbid prostitution but prohibited
brothels and exploitation of prostitutes (Boutellier, 1991; Staring, 2012). This
compromise in the law allowed for the traditional behavior to continue, but
implemented controls to empower the working female population.
a. Prostitution Laws. Prostitution has always been legal in the Netherlands

unless it is forced or it involves a minor (Staring, 2012). When human

trafficking was banned in 1911, so too were brothels, in an effort to protect
prostitutes from exploitation (Dutch Ministry of Foreign Affairs, 2012;
Staring, 2012). The ban, however, was not strictly enforced. As Staring
(2012) reported, action was only taken against a brothel or sex club owner
if they engaged in other criminal activity or disturbed public order. In
October 2000, the ban on brothels and pimping was lifted (Dutch
Ministry of Foreign Affairs, 2012; Hopkins & Nijboer, 2001; Staring,
2012). The removal of these articles signaled changing attitudes toward
prostitution and aimed to remove the abuses in the sex industry such as
exploitation and involvement of minors. The Dutch government recog-
nized prostitution was a part of everyday life that would be impossible to
eliminate (Staring, 2012). As reported by the Dutch Ministry of Foreign
Affairs (2012), by lifting the ban on the brothels, the government would be
able to ‘‘control and regulate the employment of sex workers through
a municipal licensing system, protect the position of sex workers, protect
people from being coerced into prostitution, protect minors against sexual
abuse, reduce prostitution by foreign nationals residing illegally in the
Netherlands, and sever the links between prostitution and crime’’ (p. 6).
These changes in legislation have made prostitution a legitimate occu-
pation in the Netherlands, and they reflect Dutch cultural values and
traditions. Sex workers have the same rights and responsibilities as other
working professionals. Licensure addresses concerns with health and safety
and imposes responsibility on both the state and the individual. Local
authorities now monitor brothels, as it is an offense under Article 1 of the
Economic Offenses Act to operate a brothel or sex club without a license
(Dutch Ministry of Foreign Affairs, 2012). In regard to health risks associ-
ated with sex work, the local authorities are responsible for ensuring sex
workers have access to health care. Medical checkups are not mandatory. It
is the view of the Dutch government that ‘‘obligatory checkups reinforce
the idea that sex workers transmit infections . . . , clients use medical check-
ups as an excuse to ask for unsafe sex’’ (p. 10). However, to assist in and
encourage frequent checkups, many clinics in the Netherlands offer free

and anonymous checkups. These practices allow the liberal treatment of
prostitution as a cultural tradition to continue in the Netherlands, repre-
senting a local level existing in a global framework by acknowledging the
potential harms associated with sex work such as human trafficking and
exploitation.
Prostitution laws in the Netherlands are supported by the sexual liber-

ation viewpoint, supporting prostitution as a legitimate profession.
Through government regulations and licensure, sex workers are held to
a higher standard than prostitutes working on the street illegally are and in
turn are protected from exploitation. Through the global framework, this
attitude toward the treatment of prostitution in the Netherlands is sup-
ported by local cultural values and beliefs. However, the development of
the global society forces a broader examination of the Netherland’s regu-
lation of prostitution. Proponents of the abolitionist view argue that legal-
ized prostitution in the Netherlands could entice traffickers to bring in
women from around the world to meet the demand for open-market sex.
Empirical data to support this claim has not been found. Additionally, due
to sex worker regulations and licensure, traffickers would have to remain
underground and would not be able to avoid exposure, thus limiting their
ability to compete with licensed sex workers.
b. Human Trafficking Legislation and Related Laws. Human trafficking has

been banned in the Netherlands since 1911 as part of the Public Morality
Act (Boutellier, 1991; Staring, 2012). In October 2000, Article 250a listed
the forms of sexual exploitation of human beings and the associated pun-
ishments, as well as distinguished the legal exploitation of prostitution from
trafficking of human beings, falling in line with the global society and its
changing awareness of human trafficking (Hopkins & Nijboer, 2001; Star-
ing, 2012).3 Article 250a of the Dutch Criminal Code was replaced by
Article 273a on January 1, 2005, and extended the code to include all forms
of trafficking (Staring, 2012; Dettmeijer-Vermeulen, 2012). Article 273f of
3. Article 250a defined punishable acts of sexual exploitation of human beings or the
profiting of these acts as: forced bringing or keeping of persons into prostitution; the
bringing or keeping of minors into prostitution (voluntary or not); or the bringing persons
from other countries into prostitution (voluntary or not). See Hopkins and Nijboer (2001,
p. 257).
the Dutch Penal Code, enacted on July 1, 2009, criminalizes human traf-
ficking as a crime both within the country and across international borders.
Article 273f’s definition of trafficking is comparable to the United Nation’s
definition, including phrases such as ‘‘by force,’’ ‘‘recruitment,’’ ‘‘profits
from exploitation,’’ ‘‘extortion,’’ ‘‘fraud,’’ and ‘‘deception.’’ Additionally,
Article 273f increased the sentences for human trafficking and made it an
offense to exploit another person for the purpose of prostitution 4

(Dettmeijer-Vermeulen, 2012; Staring, 2012; European Union Agency for
Fundamental Rights, 2009). Other changes in regulations have addressed
victims, cooperation with the courts, and obtaining visas.5
The 1911 Dutch human trafficking legislation was drafted out of a recog-
nition of possible exploitation in the sex worker industry nearly a hundred
years before the Palermo Protocol. Changes to the law were not introduced
until after the Palermo Protocol, thus recognizing the global nature of the
crime and broader definition of trafficking. The changes to the human
trafficking laws in the Netherlands represent the formation of the global
society and the need for local customs to adapt to the global standard.
4. Article 273f specifies the maximum penalty without aggravating circumstances as 8

years and/or a monetary fine; with aggravating circumstances, up to 15 years and/or
a monetary fine. The law also states that if the offenses are committed against a person under
the age of 16, the punishment shall be increased to a maximum of 12 years and/or a monetary
fine, and if it results in death, the imprisonment term shall not exceed 18 years and/or
a monetary fine (Dettmeijer-Vermeulen, 2012; Staring, 2012; European Union Agency for
Fundamental Rights, 2009).
5. The Chapter B9 regulation under the Aliens Act Implementations Guidelines offers
a three-month reflection period to victims or presumed victims of trafficking ‘‘during which
they may decide whether or not to cooperate in criminal proceedings’’ (Dutch Ministry of
Security and Justice, 2014). The B9 regulation also offers foreign nationals who are or may
be victims of trafficking, as well as nonvictim witnesses, a residence permit if they decide to
cooperate in the criminal proceedings. Amendments to the B9 regulation have clarified it
applies to possible victims of human trafficking in the sex industry as well as those that have
been exploited as described in Article 273f (Dutch Ministry of Foreign Affairs, 2012). The
regulation also allows the victim to remain in the Netherlands if they so choose in the event
of a criminal conviction against the offender. In cases where the victim cooperates but the
court is unable to gain a conviction, the victim may also be granted a residence permit to
remain in the Netherlands. Under the B9 regulation, victims will not be ‘‘prosecuted for
violations of immigration laws or for the activities in which they are involved as a direct
consequence of their situation as a trafficked person’’ (Dutch Ministry of Security and
Justice, 2014). The Dutch government provides victims with support during both the
reflection period and after a residence permit is granted, including ‘‘legal, financial, and
psychological assistance’’ (Dutch Ministry of Security and Justice, 2014).
2. United Kingdom
The United Kingdom’s views toward prostitution have waivered over time,
reflecting the views of the ruling monarch and judgment of the church.
Social class position dominated all aspects of life in eighteenth-century
British society, as birthright affected most citizens. Generally, occupations
and political influence were determined by status, and citizens married only

within their class. Prostitution was tolerated by society and considered
a necessary and acceptable occupation for the unfortunate lower-class
woman. Victorian Era British socialites viewed the common prostitute as
a form of ‘‘social anarchy,’’ and it was an unthinkable occupation for
middle and upper class women (Howell, 2000). Since World War II, the
United Kingdom has experienced a shift in class-based attitudes. As mass
immigration and the industrial revolution changed the landscape, so too
have the strict limits placed on social class (Savage, 2007). As a result,
societal views toward prostitution have changed even though prostitution
has remained legal. The United Kingdom was selected for this study
because of its history of legalized prostitution, not evident in the laws, but
hidden in laws outlawing prostitution-related acts such as street loitering
and varying societal attitudes.
a. Prostitution Laws. Laws regarding prostitution have been woven into

British law forbidding associated behaviors, but not forbidding the act
of prostitution. The Metropolitan Police Act of 1839 prohibited the
‘‘nuisances’’ by persons in the thoroughfares including ‘‘every common
prostitute or nightwalker loitering or being in any thoroughfare or
public place for the purpose of prostitution or solicitation to the annoy-
ance of the inhabitants or passengers,’’ with a punishment of not more
than forty shillings (Metropolitan Police Act, 1839). Wages in the eigh-
teenth and nineteenth centuries for a domestic servant could be as low
as forty shillings per year and for the more skilled housekeeper as much
as 300 shillings per year (Emsley, Hitchcock, & Shoemaker, 2016).
Wages less than 400 shillings per year were considered to be very low
and emphasize the impact of the fine. Other laws addressed the legal age
acceptable to procure a prostitute (Criminal Law Amendment Act,
1885), restricted men from promoting prostitution (Vagrancy Act,
1898), restricted the recruitment of individuals for prostitution (Sexual
Offences Act, 2003), and prohibited the solicitation of sexual services
from a prostitute who has been forced into prostitution (Policing and
Crime Act, 2009).6
The current prostitution legislation in the United Kingdom targets the
profiting from associated acts. Pimping and brothel ownership are illegal,
reflecting the view that prostitution can become a public nuisance, dating
back to the societal views of the eighteenth century. As sex work was
considered a degrading occupation to middle and upper class women, it

must be hidden from public view (Howell, 2000; Savage, 2007). The
laws also aim to protect children and prostitutes who are victims of force
and coercion. The changes in the United Kingdom’s prostitution laws
reflect the changing attitudes toward the morality of prostitution and
sexual behavior in general. These laws are not fully supported by either
the abolitionist or the sexual liberalism view of prostitution. On one
hand, the laws support prostitution as a public nuisance that should be
kept out of the public’s view, and on the other hand, they do not forbid
6. The Criminal Law Amendment Act of 1885 made the procurement of females under
the age of 21, who were not prostitutes or of immoral character, a misdemeanor punishable
by up to two years in prison, with or without hard labor. This act also punished the pro-
curement of females to leave the United Kingdom to become inmates of brothels elsewhere
or to remain in the United Kingdom as inmates of brothels. Section 13 of the act prohibits
the keeping, managing, leasing, renting, or owning of a brothel punishable by a fine of up to
20 pounds or imprisonment for up to three months with increasing penalties for reoffenders
(Criminal Law Amendment Act, 1885).
Other legislation, such as the Children and Young Persons Act (1933) and the
Children Act (1908), specified the illegality of prostitution or seduction of girls under the age
of sixteen. These laws were specific to young female girls and have since been repealed. The
Vagrancy Act of 1898 (also repealed) prohibited every male person from trading in prosti-
tution and from living on the earnings of prostitution. This act was amended in 1912 to
include ‘‘exercised control, direction, or influence over the movements of a prostitute in
such a manner as to show he is aiding, abetting, or compelling her prostitution with any
other person or generally’’ (Criminal Law Amendment Act, 1912).
The Sexual Offenses Act of 1956 prohibits the procurement of a woman or girl under
the age of sixteen to become a prostitute, domestically or abroad. It also forbids a man to live
off of the earnings of a prostitute or the use of premises for prostitution. In 2003, this act was
updated to include the prohibition of child pornography and child prostitution, with the
legal age increased to eighteen. Additionally, the 2003 version acknowledged prostitutes
could be male or female; until this update, only female prostitutes were recognized and
protected (Sexual Offences Act, 2003). The Policing and Crime Act of 2009 is the other
current piece of legislation regarding prostitution that forbids the ‘‘paying for sexual services
of a prostitute subjected to force.’’
prostitution. It would seem that keeping prostitution hidden but legal

promotes the illicit behavior associated with trafficking for the purposes
of sexual exploitation. Without regulations and licensure, sex work is
pushed behind closed doors, and the possibility of exploitation is thus
increased.
b. Human Trafficking Legislation and Related Laws. Human trafficking

laws in the United Kingdom do not have as rich a history as those in the
Netherlands. Human trafficking legislation in the United Kingdom is
categorized by offense. Offenses related to sex trafficking are addressed in
the Sexual Offences Act, and those related to labor trafficking are addressed
in the Asylum and Immigration Act and the Coroners and Justice Act. This
separation of the types of trafficking mirrors the different societal attitudes
toward the behaviors. In the United Kingdom, sex trafficking is treated as
forced prostitution. Labor trafficking is treated as a crime associated with
illegal immigration.
In support of the 2001 International Criminal Court Act Statute, the
laws of England and Wales and Northern Ireland include the offenses of
forced prostitution, sexual slavery, and any other form of sexual violence
as crimes against humanity (International Criminal Court Act, 2001).
Human trafficking also relies on the Sexual Offences Act of 2003, which
in addition to forbidding payment for sex with a prostitute subjected to
force, also prohibits the trafficking of a person for sexual exploitation.
Labor trafficking is addressed in the Asylum and Immigration Act of
2004, which prohibits the ‘‘trafficking of persons for labor and other
forms of exploitation.’’ Additionally, the Coroners and Justice Act of
2009 criminalizes the slavery, servitude, or forced labor of another person,
and the guilty is liable upon conviction to imprisonment for a term of up
to fourteen years.
Human trafficking laws in the United Kingdom have evolved with the
development of the global society through industrialization and techno-
logical advances and those influences on local law as depicted in changing
social views and values. After the Palermo Protocol, changes were made to
existing local laws to reflect the forming global society and its views toward
human trafficking. As these laws were not in place until after 2001, the
global impact of the Palermo Protocol is more evident in the United
Kingdom than in the Netherlands, where human trafficking laws have
existed since 1911.
3. United States
United States human trafficking laws are strongly tied to the United States’
current view toward immigrants. Wanting to protect the vulnerable traf-
ficking population from victimization has led to changes in legislation and
alternate pathways to legal immigrant status in the United States. However,
there is still disagreement among policy makers about how to treat and

identify victims of trafficking and illegal immigrants. Immigrants have
found their way to America through a variety of paths ranging in legality
and how much choice the immigrant had on their migration to the United
States. The various pathways that propel an immigrant into America pres-
ent challenges for their protection and identification. The American gov-
ernment’s attempt to separate these pathways through enacting individual
legislation, each aimed to target a pathway of entrance, has created great
animosity among American citizens, and often the legislation is seen only as
a good-faith effort based on generalizations. Immigration laws in America
have become more punitive in the efforts to combat illegal immigration
and, as a result, have failed to identify victims of human trafficking (Chapkis,
2003; Ingram et al., 2010; Pollock & Hollier, 2010; Tiefenbrun, 2007).
Recognizing that immigrants may also be victims and have not always
migrated by choice, the American government has made an effort to attend
to this issue. The following is a discussion of federal legislation created in an
attempt to address immigrant victims, human trafficking, and prostitution in
the United States.
a. Prostitution Laws. In the United States, laws are enacted both federally
and state by state. The legality of prostitution for the most part is left to the
individual states. At the federal level one piece of legislation mentions
prostitution: Title 18, Crimes and Criminal Procedure, forbids the admis-
sion of aliens to the United States for the purpose of prostitution; forbids
admission of anyone who has engaged in prostitution in the last ten years;
forbids prostitution near military and naval establishments; forbids the
knowing transportation of an individual in interstate or foreign travel with
the intent that the individual engage in prostitution or sexual activity; and
forbids coercion and enticement to engage in prostitution. Title 18 also
includes the requirement that someone controlling a house for the purpose
of prostitution, who knowingly has a kept alien, must notify the Commis-
sioner of Immigration and Naturalization within five days of the alien’s
entry into the United States, identifying the alien’s age, nationality, and
parentage. This legislation identifies prostitution as a behavior associated
with foreign aliens or as a behavior in which an individual is forced to
participate. It does not identify prostitution as a crime that could be
committed by its own citizens of their own free will; consequently at the
federal level in the United States, there is no law criminalizing nor autho-
rizing prostitution.

Each state in the union has established laws regarding the legalization of
prostitution, penalties for customers, penalties for pimps, and penalties for
brothel owners. Penalties for first-time prostitutes range from misdemeanor
jail sentences with fines up to $10,000. With a prior prostitution convic-
tion, some states increase the punishment to felony prison sentences and
fines up to $25,000. The most punitive states are Illinois, Indiana, and
Texas for prostitution penalties, where first-time offenders can expect lon-
ger jail sentences and higher fines, and repeat offenders face felony convic-
tions. Penalties for customers range from 30 days or $200 in South
Carolina to up to two years and/or a fine of $500 to $5000 in Iowa.
Penalties for pimps and brothel owners are primarily classified as felonies
with heavy fines and lengthy prison sentences, but not all states are as
punitive. North Carolina, for example, enforces a penalty of up to 45 days
and a fine for the misdemeanor offenses; this same penalty applies to
prostitutes, their customers, pimps, and brothel owners (ProCon.org,
2010). These variations in state penalties for prostitution and the associated
behaviors reflect the differing local customs and traditions. Additionally,
these variations reveal that there is disagreement on whether and how to
criminalize prostitution and the related offenses across the state jurisdic-
tions in the United States.
Of course, prostitution is not illegal everywhere in the United States.
The state of Nevada has legalized prostitution, but only in certain areas.7
7. In the independent municipality of Carson City, prostitution is illegal, as it is in the

Nevada counties of Washoe and Douglas, located on the Western border shared with
California. Prostitution is also illegal in Clark and Lincoln counties, located on the south
point of the state bordering Arizona and Utah, including the city of Las Vegas. The centrally
located Eureka County does not have laws legalizing or prohibiting prostitution. In Elko
County in the northeast, Humboldt County in the north, Pershing County just south of
Humboldt county, and White Pine County just south of Elko, prostitution is legal in cities
granting permission. The remaining seven counties, all centrally located or along the
western border, have legalized prostitution. Nevada state law also requires prostitutes to use
Nevada state law also goes to great lengths to separate legalized prostitution
as a consensual sexual act between two or more consenting adults from
forced sexual acts. Nevada law defines pandering as encouraging or enticing
another individual to become a prostitute through the use of threats,
violence, fraud, duress, or forcing a spouse into prostitution. The penalties
for violations of Nevada’s prostitution laws are similar to those punish-
ments in other states that outlaw prostitution. In other words, being found

guilty of pimping a prostitute in Connecticut carries the same potential
punishment as a person found guilty of pandering an adult in Nevada if
physical force or threat of force is present; both are classified as category C
felonies carrying a prison sentence of one to five years and a fine up to
$10,000. This indicates that the act of pimping carries approximately the
same punishment regardless of a state’s law on the legalization of prosti-
tution. However, a prostitute that tests positive for HIV and continues to
work as a prostitute in Nevada is guilty of a class B felony, punishable by
a prison sentence of two to ten years and/or a $10,000 fine (Nevada
Legislature, 2014; ProCon.org, 2010). The safeguards in this legislation
supports the legitimization of prostitution as a viable form of employment,
just as the safeguards to prevent unqualified individuals from holding jobs
in other workforce sectors, for example, vision requirements for airplane
pilots.
The United States is unique compared to most nations in that the
legality of prostitution is determined by individual states rather than by
national legislation. As such, only one state has a legalized form of prosti-
tution. Prostitution penalties range from misdemeanors to felonies, repre-
senting the broad range of values held in each state. The abolitionist view of
prostitution garners the most support since prostitution is illegal in a major-
ity of states. This treatment of prostitution reflects the conservative ideol-
ogy held in many parts of America. Supporters of the sexual liberation view
would find this ironic for a nation that takes pride in individual freedoms
and gender equality. Law enforcement officers see prostitution as an entry
point into the sex trade industry, where prostitution is illegal (Farrell et al.,
2014). Officers arrest individuals for prostitution and then determine if
they are also victims of human trafficking. If not suspected of being a victim
a condom and mandates weekly testing for sexually transmitted diseases and monthly HIV
screening. Both brothel owners and prostitutes are required to be licensed and registered
(ProCon.org, 2010; Nevada Legislature, 2014).
of force, fraud, or extortion, the individual can be charged with prostitu-

tion. Identifying individuals as both victims and offenders can weaken the
individual’s credibility both with the police and in the courtroom if the case
goes to trial, particularly if other offenses are included such as drug-related
charges. Farrell, Owens, and McDevitt (2014) noted, ‘‘victim statements
are often the primary and, sometimes the only, source of evidence in
human trafficking cases’’ (p. 157). Additionally, drug-related charges dem-

onstrate that the victim was participating in other risky and criminal
behavior, making them more vulnerable to trafficking. This adds a chal-
lenge for law enforcement, as they must determine how truthful the indi-
vidual is, if their information can lead to a case on a trafficker or about
other possible victims. It can complicate the court process as well, if this is
the only witness the prosecutor has in a case against a trafficker (Farrell
et al., 2014).
b. Human Trafficking Legislation and Related Laws. Human-trafficking-

related laws in the United States not only target behaviors conducted on
American soil, but also take a global diplomatic approach extending their
reach around the world. Legislation includes the Violence Against Women
Act and the Trafficking Victims Protection Act. Other federal laws that
prohibit sex trafficking and related activities include those in Title 8, Aliens
and Nationality, which forbid the inadmissibility of aliens for the purpose
of prostitution and the importation of aliens for the purpose of ‘‘immoral
purposes.’’
The Violence Against Women Act of 1994 aimed to provide relief for
victims of domestic violence. Pollock and Hollier (2010) noted, ‘‘Victims of
human trafficking do not qualify for relief under the Violence Against
Women Act unless they are in a domestic relationship with their trafficker’’
(p. 137). This stipulation in the law limits the assistance to foreign traffick-
ing victims and to those domestic victims who are married to or in an
intimate relationship with the trafficker. This act created the battered
spouse, child, parent waiver to allow certain spouses, children, and parents
of United States citizens the authority to file for an immigrant visa without
the abuser’s knowledge (Ingram et al., 2010; Moynihan, Gaboury, & Onken,
2008; Violence Against Women Act, 1994; U.S. Citizenship and Immigra-
tion Services, 2011a). This law recognized how the current immigration laws
were trapping immigrant women in abusive relationships and punishing
them for seeking help (Ingram et al., 2010). Although the provision of the
law is under the Violence Against Women Act, it applies equally to men who
have met the established requirements.
The Trafficking Victims Protection Act (TVPA) signed by President Bill
Clinton in 2000 ‘‘established a coordinated, transnational effort to protect
trafficked persons, criminalize the conduct of traffickers, and penalize sex
trafficking as if it were a crime as serious as rape, punishable with a sentence
of twenty years to life imprisonment’’ (Tiefenbrun, 2007, p. 250). The

American government has supported reauthorizations of the TVPA, and
they have provided improvements on the initial legislation.8 As Tiefenbrun
noted in her review of this legislation, the purpose is to treat trafficked
persons as victims and not criminals, and to provide incentives to victims to
assist in the prosecution of traffickers. Tiefenbrun examined the impact of
the TVPA through a variety of sources such as the TIP Reports, interviews
with U.S. officials, official statistical data on trafficking, outreach programs,
and services provided to victims, and found that since the implementation
8. The Trafficking Victims Protection Act of 2003 provided an expanded reach to

prosecute human trafficking. The 2003 act allowed for materials to be distributed alerting
travelers that sex tourism was illegal; it created a new civil action allowing victims to sue their
traffickers in federal district court; and it required the Attorney General to provide annual
reports on trafficking efforts.
The TVPA was again reauthorized in 2005, adding grant programs to provide
assistance to state and local law enforcement agencies in their trafficking efforts, and ex-
panding victim assistance programs to U.S. citizens and resident aliens. The 2005 re-
authorization also created programs to serve trafficking victims and provide rehabilitation.
For trafficking offenses committed overseas by persons employed by the federal govern-
ment, the 2005 reauthorization provided extraterritorial jurisdiction.
The 2008 reauthorization imposed penalties on those who obstruct or attempt to
obstruct investigations of trafficking, and the crime of forced labor was expanded providing
‘‘forced’’ to mean a violation of the law. The 2008 reauthorization also changed the standard
of proof used for the crime of sex trafficking, now requiring only to prove the defendant
acted in ‘‘reckless disregard of the fact that such means [force, fraud, or coercion] would be
used.’’ Additionally, penalties were increased for conspiring to commit trafficking and for
the financial benefit of engaging in trafficking. The 2008 reauthorization also added new
prevention and protection measures, especially with regard to children and unaccompanied
alien minors.
In 2013, the TVPA was again reauthorized; this revision included additional resources
for victims and tools to assist law enforcement in the prevention of trafficking and slavery.
Grant programs were established to respond to humanitarian emergencies that could result
in an increase in risk of trafficking. This revision also added a penalty for the confiscation of
identity documents. The 2013 reauthorization additionally extended efforts to diplomatic
practices, preventing the United States from sending aid to countries that use child soldiers.
of the act, law enforcement has increased public awareness, and through
training, law enforcement has improved its ability to identify victims. The
number of available services and resources to victims and the arrest and
conviction of traffickers have also increased, as noted in Tiefenbrun’s
review (2007).
Chapkis’ (2003) critical assessment of the TVPA stated that it ‘‘does too
little to strengthen the rights of most migrant workers whether in the sex

industry or outside of it’’ (p. 934). Her review criticized the legislation as
a symbolic action and identified the careful separation in the language of
migrant workers and vulnerable women and children, noting the distinc-
tion as ‘‘violated innocents’’ and ‘‘illegal immigrants’’ (p. 924). According to
Chapkis, the legislation primarily protects vulnerable women sold into the
sex trade, thus neglecting and punishing males and the immense popula-
tion of trafficking victims utilized in other professions through three
means. Chapkis identifies the first as the reliance on a sexual slavery moral
panic use to gain public support. The second notes the law offers ‘‘symbolic
support’’ that ‘‘all prostitution is sexual slavery,’’ but then ‘‘differentiates
between innocent and guilty prostitutes and provides support only to the
innocent’’ (p. 924). Finally, the law provides assistance to victims contin-
gent on their willingness to assist in the prosecution of the trafficker. These
conflicting assessments of the TVPA have led to the subsequent reauthor-
izations and revisions.
The U visa was created both as a source of protection for victims of
certain crimes, such as trafficking, domestic violence, or sexual assault, and
as a tool for law enforcement officers to receive assistance from victims in
the investigation and prosecution of the crime. It requires certification
from law enforcement officials that the victimization was a result of crim-
inal activity, such as trafficking in violation of a U.S. law (U.S. Citizenship
and Immigration Services, 2011b). This option therefore requires the victim
to report the crime to law enforcement and aims to reduce the stigma
associated with the victim’s immigration status. The requirements of the
U visa, as reported by Pollock and Hollier (2010), are ‘‘victims must have
suffered ‘substantial physical or mental abuse’ as the result of certain
crimes’’ (p. 137). U visa holders are authorized to work in the United States
and to apply for permanent residency, but they must wait seven years to
become eligible for public benefits (Pollock & Hollier, 2010).
Another option specifically for victims of human trafficking is the T visa.
This visa provides protection from law enforcement to victims in exchange
for assistance in the investigation and prosecution of human trafficking

(U.S. Citizenship and Immigration Services, 2011b). Unfortunately, the T
visa can be considered a secondary form of victimization through the
creation of a snitch (Stotts & Ramey, 2009; Pollock & Hollier, 2010;
Anderson, 1999). As Rosenfeld, Jacobs, and Wright (2003) noted, the
‘‘snitch’’ label has negative consequences such as the distrust of law enforce-
ment and can lead to more violence. Tiefenbrun (2007) noted Congress set

a cap of 5000 on the number of visas that could be issued each year, and
only 150 T visas were processed in 2003, possibly indicating that victims are
fearful and unsure of the witness protection plan. Chacón (2010) claimed
that since the enactment of TVPA, over 2000 T visas have been issued,
a substantial increase since the year 2003 but still far from the limit of 5000
per year. According to data from the U.S. Citizenship and Immigration
Services, at the end of fiscal year 2015 for both victims and their family
members, 2224 applications were received for a T visa, with 1304 approved
and 1666 awaiting a decision. Additionally, 486 T visas were denied for
both victims and their family members (U.S. Citizenship and Immigration
Services, 2015). FY2015 received the largest number of applications to date
at 2224, but in FY2013, the greatest number of T visa applications were
approved at 1823 (U.S. Citizenship and Immigration Services, 2015). T visa
holders are authorized to work in the United States, are eligible for per-
manent residency after a three-year waiting period, and receive social ser-
vice benefits such as medical care and relocation services immediately
(Pollock & Hollier, 2010, p. 138).
Pollock and Hollier’s (2010) examination of the T visa critically assessed
Congress’ intent behind the TVPA and the T visa, and they noted, ‘‘It
seems apparent that the various stakeholders in this area have different
views regarding the primary intent of the legislation’’ (p. 143). Considering
how few applications have been submitted and processed, the authors
examined some of the challenges surrounding the use of the T visa
(p. 140). They identified the disparity between the cap of 5000 and the
number of visas issued, which peaked in 2015 at 2224 and in 2010 was only
1037. They found the scope of trafficking might not be understood, and
they noted the assumption that trafficked victims want to remain in the
United States (Pollock & Hollier, 2010; U.S. Citizenship and Immigration
Services, 2015). Additionally, the procedural challenges and the failure of
the visa to meet the needs of the trafficked victim, may contribute to its
limited use (Pollock & Hollier, 2010, p. 142).
Other researchers have found current trafficking laws in the United

States are a secondary form of victimization as they require the victim
protection in exchange for assistance in the investigation and prosecution
of the trafficker (Chacón, 2010). Additionally, U.S. assistance to foreign
victims operates under the assumption that the victims desire to remain in
the United States, focusing on the ability of victims to be eligible for U and
T visas, where little assistance is provided to the victim that wishes to return

home.
Human trafficking legislation in the United States is closely tied to
immigration. The United States was founded by European immigrants
and historically maintained a fairly open border until September 11,
2001. During the 1990s and early 2000s, the American public feared ter-
rorist activities primarily from the Middle East and Russia. Mexico served
as a Russian criminal organization headquarters and relied on alien smug-
gling and the drug trafficking business with the Mexicans to gain access to
the United States (Miro, 2003). The American government has increased
enforcement of immigration laws, and the prosecution of illegal immigra-
tion possibly has had a negative effect on human trafficking since 2001.
According to Chacón (2010), ‘‘trafficking offenses do not even make the list
of the top ten categories of immigration prosecution’’ (p. 1640), with
unlawful entry serving the majority of prosecuted immigration offenses.
The United States appointed itself as the authority on global human

trafficking because of its position as a world leader. The global impact of
the TVPA has increased awareness of human trafficking as an issue, but the
requirements associated with the TIP Report do not support a global civil
society. Holding every nation in the world to the same standards in the tier
ranking does not account for differences in culture, values, and beliefs. The
Netherlands, the United Kingdom, and the United States represent the
three most common forms of legal prostitution in the world. Next, these
nations will be contrasted with nations that outlaw prostitution and their
approach to human trafficking laws.
B. Nations with Illegal Prostitution
The majority of the countries where prostitution is illegal are located in the
Middle East, Asia, Africa, and the Caribbean. However, the law does not
stop the thriving industry. Countries such as Thailand and the Philippines
have a rich reputation for bountiful red-light districts. Middle Eastern

Muslim nations, which strictly forbid sex outside of marriage, have docu-
mented gender-based persecution of women under the Taliban regime,
including rape and forced pregnancies (Brown & Grenfell, 2003). Former
Soviet Bloc nations, such as Bulgaria, do not specifically address prostitu-
tion in law, but brothel ownership and pimping are illegal. In Romania and
Albania, prostitution, brothel ownership, and pimping are all illegal. The

nations where prostitution is illegal are generally the nations that supply the
trafficking victims, according to the U.S. Department of State (2007).
These nations are also more likely to be associated with human rights
violations including but not limited to: discrimination, societal abuses,
arbitrary or warrantless arrests, corruption in the criminal justice system,
government corruption, violence against women and children, child labor,
and ineffective enforcement of rights (U.S. Department of State, 2007). As
documented by the U.S. Department of State, many of these nations are in
the regions of the world rife with poverty, unstable economies, and high
unemployment rates. These additional factors also contribute to the cycle
of human trafficking. Where individuals cannot find legitimate work, they
are more easily exploited and enticed into trafficking. Regardless of their
home nation’s law on the legality of prostitution, the desperation to survive
appears to outweigh everything else, as evident in the trends associated with
victim accounts and trafficker prosecutions.
1. Human Trafficking Legislation and Related Laws
As reported in the 2014 Global Report on Trafficking in Persons, in 2003,

approximately 100 (58 percent) of the world’s countries did not criminalize
trafficking in persons. That number has decreased to only 9 countries (5
percent) as of August 2014, with an additional 18 countries having partial
legislation in place covering only some forms of exploitation or certain
classes of victims (UNODC, 2014). Therefore, a majority of the world has
implemented a law to criminalize human trafficking only in the last ten
years. As many of these laws are still fresh on the books, it is too early to
determine their effectiveness and level of enforcement.
In FY2010–2012, the U.S. Department of State reported that 13 percent
of certified trafficking victims identified in the United States were from the
Philippines and 12 percent were from Thailand, representing the majority
home-nations. The majority of presumed victims based on nationality in
the Netherlands in the years 2010–2013 were 10 percent from Bulgaria,

8 percent from Romania, and 8 percent from Nigeria. During 2012–2013,
the United Kingdom reported similar findings based on nationality, with
9 percent of the identified victims from Romania, 9 percent from Nigeria,
11 percent from East Asia, 3 percent from South Asia, and 47 percent from
Central Europe (UNODC, 2014). Although each nation uses a different
method of reporting and identifying victims, it is still evident that large

portions of the identified victims are from those nations where prostitution
is illegal.
The impact the global society has had on bringing human trafficking
legislation to the majority of nations in the world is evident based on the
global increase in awareness and legislation. Supporters of the abolitionist
viewpoint have been successful at creating a moral panic that is based on
inflated statistics of the level of trafficking and images of desperate and
innocent women that lead to the creation of human trafficking laws, but is
criminalizing the behavior enough. The following section addresses what
have been identified as challenges for law enforcement, including those
elements that contribute to differences among nations in how prostitution
and human trafficking laws are interpreted and enforced. These factors also
influence the extent of prosecution of these laws as well as public awareness,
attitudes, and opinions. Recognizing these challenges provides more evi-
dence that the debate on the legalization of prostitution minimizes the issues
that make combating human trafficking difficult for local law enforcement.
V. CHALLENGES FOR LOCAL LAW ENFORCEMENT
Despite the legislative variations among nations, it is evident prostitution

and human trafficking are related, often being discussed in the same piece
of legislation. Prostitution can be an independent act, until and/or if it
includes exploitation. It is the sexual exploitation element of prostitution
that is frowned upon and illegal in 95 percent of the world’s countries
(UNODC, 2014). So how, then, do we separate prostitution from human
trafficking? The exceptions to the definition of prostitution found in various
legislation are essentially human trafficking. Where prostitution involves
force, exploitation, or a minor, it is human trafficking. ‘‘Exploitation’’ refers
to the denial of or violation of some human right. If the victim is moved over
international borders, or if the victim initially entered into the agreement
voluntarily, trafficking in persons was defined by the United Nations in the

Palermo Protocol as:
the recruitment, transportation, transfer, harbouring or receipt of persons,
by means of the threat or use of force or other forms of coercion, of
abduction, of fraud, of deception, of the abuse of power or of a position of
vulnerability or of the giving or receiving of payments or benefits to achieve
the consent of a person having control over another person, for the purpose

of exploitation. (United Nations, 2000, p. 2)
Exploitation was further clarified to include ‘‘at a minimum, the exploi-

tation of the prostitution of others or other forms of sexual exploitation,
forced labour or services, slavery or practices similar to slavery, servitude or
the removal of organs’’ (United Nations, 2000, p. 2). To understand the
relationship further, the challenges for law enforcement must be explored
to discern the complexities of human trafficking. The role of the criminal
justice system and data on human trafficking are presented next.
A. Criminal Justice System
The criminal justice system consists of law enforcement, prosecutors,

judges, and lawmakers. In a majority of countries, the ruling body has
established a means by which to create and ratify law. In the United States,
the elected officials in the legislative branch are tasked with this duty. After
laws have been ratified, it is up to the different branches of law enforcement
to enforce the laws. New laws can require time to be fully understood, and
often the law on the books differs from how the law is implemented on the
ground. For example, as McCarthy (2011) noted, it was difficult for Russian
law enforcement to use the human trafficking legislation because of the
complex definition of human trafficking and the difficulties associated with
observing the crime in action. With the changes in the human trafficking
laws in Russia and globally, it is still a difficult crime to prosecute. For
example, in Russia, between 2003 and 2007, only 10 of the more than 350
registered human trafficking cases in Russia were brought to court under
the 2003 law criminalizing human trafficking (McCarthy, 2010). In 2003,
under a general bill titled ‘‘On Changes to the Criminal Code,’’ two articles
were added to the Russian criminal code to address human trafficking and
slave labor. Additionally, the associated punishments for trafficking related
to prostitution were increased. The low number of cases signaled the need
for change in the law, as the original 2003 law did not give law enforcement
the support required for effective enforcement. As such, the 2008 amend-
ment clarified that exploitation was not a requirement of trafficking and
that trafficking applied to all transactions with humans, thus leading to an
increase in the number of cases that could be registered under this offense.
The amendment also increased the punishment for traffickers by one year
(McCarthy, 2010). This example of an ineffective law, one that did not
function as intended, did not first consider the possible challenges for law

enforcement.
Corruption can also hinder the proper enforcement and implementa-
tion of laws. Corruption as defined by Rietig (2014) includes the ‘‘negli-
gence of a person’s public responsibility’’ (p. 13). According to Shelley
(2003), it is common knowledge that corruption is part of the Russian
norm in both government and law enforcement, and its reaches have
hindered the country’s development. As such, this knowledge of Russian
corruption extends to the people whom the government and law enforce-
ment agents are supposed to protect. Knowing the police are corrupt leads
to lack of trust, and where there is lack of trust, people are less inclined to
report crimes or seek assistance (McCarthy, 2010). McCarthy cited the
2003 U.S. Agency for International Development (USAID) survey on
democracy assessment, noting that 92.1 percent of Russian respondents
believed the police took bribes very often. Regardless of the actual number
of bribes occurring, the perception that police frequently were involved
with bribes is astounding and indicative of the level of distrust toward the
police and belief they are corrupt. Additionally, recently hired Russian
police cadets were found to believe corruption was morally acceptable in
certain situations (McCarthy, 2010). These narratives suggest corruption is
part of police culture and that its roots are in the existing government and
other branches of the criminal justice system in Russia.
Other challenges for law enforcement officers include the use of discre-
tion. In the United States, for example, law enforcement officers, prose-
cutors, and judges all are authorized to use discretion within the parameters
of their job. This may include the decision to arrest, what crimes to charge,
what cases to pursue, when to use plea bargains, or the amount and type of
punishment to inflict. These decisions can alter the appearance of the
volume of human trafficking, thus making it difficult to measure the true
extent of the problem (Farrell et al., 2014; McCarthy, 2010). Data on
human trafficking can lead to overgeneralizations and faulty assumptions
where researchers do not consider the possibility of corruption of criminal
justice actors and the use of discretion regardless of the geographical

location.
As previously noted, victims of human trafficking can be reluctant to
come forward as they may also be guilty of committing other crimes
(Farrell et al., 2014). They may be in the country illegally, involved in drug
use or distribution, or working in illegal prostitution. Victims may also
have other reasons not to come forward; for example, they may be run-

aways or they come from an abusive family. These challenges exist regard-
less if prostitution is legal or illegal.
The global framework forces the criminal justice system to consider the
entry points of individuals into the global civil society. Understanding the
level of desperation that initiates an individual’s mobility can lead to find-
ing ways to combat human trafficking. This work is not easy and requires
the assistance of NGOs and others willing not to treat every case of human
trafficking the same and to consider the varying types of prostitution. This
leaves the debate on the legality of prostitution at a halt, as prostitution at
this point in time is not shared as a global construct. In relation to human
trafficking, the following data presents the current assessment of trafficking
based on prosecutions, convictions, and identified victims.
B. Number of Human Trafficking Prosecutions, Convictions,

and Victims
Since the Palermo Protocol went into effect in September of 2003, the
awareness of human trafficking has increased, leading to a corresponding
increase in the number of human trafficking cases prosecuted and the
number of convictions. It appears, since 2003, that the level of human
trafficking has increased worldwide, with nations reporting more prosecu-
tions, more convictions, and more identified victims each year. However,
these numbers may be misleading as human trafficking is still a relatively
new criminal offense. Since 2003, reporting techniques have improved,
more nations have adopted human trafficking laws, and efforts of NGOs
have greatly increased. These are indicators of the instability of the data as
the laws are in their infancy. The following table displays the number of
prosecutions and convictions for the years 2006 and 2012 in the Nether-
lands, the United Kingdom, and the United States.
These data do not provide evidence that prostitution and human traf-
ficking are causally related. The Netherlands prosecutes more individuals,
Table 1. Human trafficker prosecutions and convictions for the years 2006 and
2012 in the Netherlands, the United Kingdom, and the United States.
Year 2006 2012
United United United United

Country Netherlands Kingdom States y Netherlands Kingdom States y
Prosecutions 199 89 111* 311 148 125

Convictions 70** 32 99*** 109 103 138
Source: All data are from TIP Reports: 2006 data, UNODC (2009); 2012 data, USDOS (2013).
y The United States data are at the federal level.
* 111 defendants were charged in 2006, which are not necessarily the same defendants convicted in 2006
(USDOJ, 2007).
** Of the 70 convicted in the Netherlands in 2006, 5 received a punishment of greater than 4 years, 27
received 1 to 4 years, and 31 received less than 1 year. The remaining 7 did not receive a custodial sanction
for trafficking in persons (UNODC, 2009).
*** Of the 99 convicted in the United States in 2006, 38 were convicted for forced labor exploitation and 61
for sexual exploitation.
but there are fewer convictions for both 2006 and 2012. The increased
number of prosecutions could be attributed to a more aggressive prosecutor
(use of discretion), more responsive law enforcement, or more cases of
human trafficking. However, the resulting number of convictions could
indicate complications in the law, lack of evidence, or the forcing of cases to
fit into a human trafficking mold. The increase in cases from 2006 to 2012
could be a result of increased awareness, better enforcement efforts, or an
increase in the number of crimes. However, these data do not show a sig-
nificant difference between countries nor do they represent the magnitude
of the crime as presented in tales from the moral panic.
1. Victims
In 2006, more than 580 possible victims were registered with the Founda-
tion against Trafficking in Human Beings, the Dutch formal victim reg-
istry. The number of presumed victims in 2012 in the Netherlands was
1711.9 In 2006, 255 identified victims were subjected to sexual exploitation,
9. In 2008, the Foundation against Trafficking in Human Beings changed its name to
CoMensha (UNODC, 2009).
‘‘The Netherlands has a low threshold approach to the identification of victims of
human trafficking. If initial contacts (for instance a first interview by the police) provide any
indication that the person in question might possibly be a victim, that person will be
registered as such and thus be reflected in the statistics’’ (UNODC, 2014).
and 5 suspected victims were recovered from forced labor, as reported by

the National Operations Pentameter 2 of the United Kingdom. Another
353 victims were identified by the Poppy Project, an NGO managed by
Eaves Housing for Women. In 2006, they provided assistance to 353 victims
(UNODC, 2009). The U.K. Human Trafficking Centre identified 522
victims in 2012. Data on the number of identified victims is not available
for the United States as a whole. The U.S. Department of Health and

Human Services documents the certification of foreign adult victims of
human trafficking and the eligibility of minor victims, and identified 214
adult victims and 20 minor victims in 2006 (UNODC, 2009).10 The
number of foreign certified victims of trafficking in 2012 was 469. The
certifications and letters of eligibility are presented only to those foreign
trafficking victims so they may apply for U.S. visas and receive federally
funded victim assistance (UNODC, 2014).
These data on human trafficking prosecutions, convictions, and victims
show an increase. However, the data are misleading in that the increases do
not necessarily result from an increase in crime, but certainly result from an
increase in awareness, changes in legislation, improvements in reporting,
and greater efforts from NGOs. These data also indicate that the true
extent of human trafficking is not yet known.
VI. POLICY CHANGES ARE NEEDED
As Guinn (2008) noted, ‘‘the long war on drugs and arms trafficking reveals
that efforts focused solely on the prosecution of the criminal traffickers will
ultimately fail’’ (p. 141), whereas efforts that focus on prevention and
protection assure greater rewards. For prevention efforts to be successful,
there must be an understanding of the level of desperation these potential
victims experience. This desperation could be represented in a variety of
10. When reporting on the level of human trafficking, the United States only includes
those foreign victims of trafficking that have been certified. ‘‘The Department of Health and
Human Services provides data disaggregated by gender on a subset of foreign national
victims of human trafficking who have received certification and eligibility letters. The
numbers above do not include information concerning national victims that are detected
and assisted by the competent national authorities. U.S. citizens victims of trafficking can
access services at the local level, but they do not need to be certified by the Department of
Health and Human Services or receive immigration relief to do so’’ (UNODC, 2014).
ways including feeding a drug addiction, providing monetary support for

the victim or family, or securing safe passage for the victim or family
members to another country. Prevention efforts from the global society
are needed to address the larger social issues of economic disparity, gender
inequality, political representation, education inequality, racial discrimina-
tion, religious discrimination, and violence.
Laws are needed that punish the buyer rather than the victims and

provide assistance for victims without the requirement for them to snitch
on their trafficker. In Sweden, for example, a ban was introduced in 1999
on the purchase, not the sale, of sexual services (Swedish Government,
2010). The Swedish government and police hold that the ban on the
purchase of sexual services works as a barrier to deter human traffickers,
as evidenced by the decline in street prostitution, strong public support for
the ban, and a decrease in the number of men purchasing sexual services in
Sweden (Swedish Government, 2010). Although the data from the Swedish
government supports a decrease in the number of prostitutes in Sweden
since the 1999 implementation of the law, data on the number of victims of
sexual exploitation are difficult to measure. Self-reported data from indi-
viduals formerly working as prostitutes in Sweden notes women were ‘‘able
to stop blaming themselves’’ and were able to feel ‘‘that it is the buyers who
are in the wrong and who are responsible for the emotional scars and
painful memories they must deal with for the rest of their lives’’ (p. 34).
Increased penalties for human traffickers will not only reflect the seri-
ousness of the crime but could also provide an added sense of security for
victims, knowing the perpetrator will be behind bars. As was reported in
the 2006 data from the Netherlands, of those convicted of human traffick-
ing, only five individuals received a punishment of greater than four years,
and the majority received a punishment of less than one year. These lax
punishments do not encourage victims to come forward, especially if the
victims are from nations that experience increased levels of police corrup-
tion. Not only would the victim fear retaliation from the trafficker, but
their lack of trust in police fuels their hesitation to comply with require-
ments for assistance such as those for the T visa in the United States. Lastly,
making the laws easier for law enforcement and prosecutors to interpret,
enforce, and prosecute will lead to more convictions. As noted above
regarding the complexities of human trafficking laws in Russia, other laws
such as kidnapping and extortion were being utilized in trafficking cases
because of their relatively straightforward structure.
CONCLUSION
Research of human trafficking has revealed an assumed relationship

between the legality of prostitution and human trafficking, but it has done
so without sufficiently considering complementary theoretical frames, the
laws, and the challenges for law enforcement problems such as overgener-
alizations, faulty assumptions, and shortsighted laws that continue to

monopolize the discourse. The abolitionist view claims support the view
that all forms of prostitution are violence against women. and human
trafficking is used as a tool to meet the demand for sex. These staunch
opponents rally to increase worldwide legislation that would criminalize
prostitution, but they fail to recognize how it impacts human trafficking.
The sexual liberation view accepts prostitution as a legitimate occupation
and supports women in this field, but also disregards the correlation to
human trafficking. However, the laws and data reveal little support for the
abolitionist’s claim that legalized prostitution leads to an increase in human
trafficking. Additionally, other factors must be considered when examining
the relationship as it is influenced by behaviors of criminal justice actors
and cultural norms; these factors affect how laws are enforced and imple-
mented. The historical development of prostitution laws exhibits how these
laws were used to target other associated issues such as poverty, disease, and
varying attitudes toward morality. Furthermore, trafficking laws have been
used as a tool to control immigration. Uncovering the layers has revealed
a need to focus on the issue of female exploitation rather than specific
behaviors such as prostitution or trafficking.
Females are more likely to be victims of sexual exploitation and are more
likely to be victims of human trafficking. Victims are more likely to be from
nations that suffer from political and social unrest, war, and poverty, and as
a result are more likely to become entrapped in the cycle of exploitation to
escape their desperation to survive either by choice or through exploitation.
As the world grapples with a progressive movement of gender equality,
many cultural standards resist, thus leading to conflict in how to address
such issues as female exploitation. A Western perspective’s progressive
stance on gender equality is not shared globally; therefore, efforts to reduce
female sexual exploitation must focus on the victim.
Both sides of the debate on the legalization of prostitution present valid
arguments but also fail to examine the whole picture. Using such a broad
brush to categorize all instances of prostitution fails to recognize the vast
amount of variation in individuals, social norms, and cultural values. Abo-

litionists do not accept that some individuals may choose to work in the sex
industry without coercion. Conversely, the sexual liberation model does not
acknowledge individuals forced into prostitution, claiming they still have
a choice, even if made under desperate circumstances. As globalization has
extended our knowledge of other cultures and traditions, acknowledging
these differences can help shape policy and practice for the criminal justice

system at the local level where laws are enforced. Until efforts are made to
address female exploitation and the greater issues of poverty, substance abuse,
gender inequality, and desperation, the relationship between the legality of
prostitution and human trafficking will be difficult to determine.
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SEXUAL LIBERATION OR VIOLENCE AGAINST

WOMEN? THE DEBATE ON THE LEGALIZATION

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Keywords: human trafﬁcking, prostitution, sex trafﬁcking, female sexual

*Jessica Swanson is a doctoral candidate in the Department of Criminal Justice at

There is a signiﬁcant debate regarding the relationship between the legal

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I. HUMAN TRAFFICKING AS A GLOBAL PROBLEM

Awareness of human trafﬁcking has signiﬁcantly increased because of

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II. THE NATURE OF HUMAN TRAFFICKING

As noted by Keo, Bouhours, Broadhurst, and Bouhours (2014), the liter-

there has been an increase in border enforcement and an increase in the

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causes of this exploitation, including gender inequality and the develop-

III. LINKING GLOBAL CRIMES TO LOCAL

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of prostitution as being forced as a result of male dominance (p. 33). Over-

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Images of prostitutes are used in the enforcement and legal narratives to

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Human trafﬁcking, smuggling, and illegal immigration are considered global

promotes individuals to come together in solidarity and embrace tolerance

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1. TIP Report ranking

identifying the lack of empirical basis and questionable methodology and

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IV. PROSTITUTION AND HUMAN TRAFFICKING LAWS

A. Nations with Forms of Legalized Prostitution

The Netherlands, a founding member of the European Union, identiﬁes

(Government of the Netherlands, 2014). As a nation usually associated

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a. Prostitution Laws. Prostitution has always been legal in the Netherlands

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encourage frequent checkups, many clinics in the Netherlands offer free

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b. Human Trafficking Legislation and Related Laws. Human trafﬁcking has

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4. Article 273f speciﬁes the maximum penalty without aggravating circumstances as 8

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a. Prostitution Laws. Laws regarding prostitution have been woven into

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prostitution. It would seem that keeping prostitution hidden but legal

b. Human Trafficking Legislation and Related Laws. Human trafﬁcking

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7. In the independent municipality of Carson City, prostitution is illegal, as it is in the

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of force, fraud, or extortion, the individual can be charged with prostitu-