Education | NYC LAWYERS AGAINST HUMAN TRAFFICKING

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Common Myths and Misconceptions about Human Trafficking

Is sex trafficking the only form of human trafficking? Are victims of human trafficking all poor and uneducated? These are just a few of the misconceptions that many individuals have on human trafficking. Read a list of the Top 10 Myths and Misconceptions about Human Trafficking presented by Polaris Project.
Common Myths and Misconceptions about Human Trafficking

July 12, 2011 at 6:38 pm Leave a comment

THE HOUSE AND SENATE ANTI-TRAFFICKING BILLS

H.R. 3887	S. 3061	Significance
The House bill maintains the critical distinction between commercial sex acts and the performance of “labor or services.” (Sec. 221)	Adopting the views and definitions of the Department of Justice, the Senate bill explicitly defines prostitution as a form of “labor or services.” (Sec. 222)	Symbolically significant and revealing of many of its key policy choices, the Senate bill treats prostitution as “sex work” rather than the destructive and enslaved life it is for the overwhelming majority of sex trafficked persons.
The House bill codifies decisions of the 2^nd, 3^rd, 4^th, 6^th, 9^th and 10^th Circuits that authorize the conviction of sex traffickers of minors on a per se basis, without proof that the trafficker knew that the trafficked person was a minor. (Sec. 221)	The Senate bill moderately softens the minority positions of the 7^th, 8^th and 11^th Circuits by permitting the conviction of sex-traffickers of minors who “recklessly disregard” the ages of the persons they trafficked. (Sec. 222)	The Senate provision rejects the clear majority view of the Federal Courts, will place a highly difficult burden of proof on the prosecution of sex traffickers of minors, will significantly protect traffickers claiming not to know the ages of the persons they trafficked, and will greatly facilitate the continued sex trafficking of minors.
The House bill amends current law criminalizing the sex trafficking of illegal aliens on a per se basis by eliminating the law’s further proof requirement that the traffickers caused the illegal aliens to come to the U.S. to engage in prostitution. (Sec. 223)	The Senate bill excludes this provision.	The Senate provision will place a highly difficult burden of proof on the prosecution of sex traffickers of illegal aliens and will greatly facilitate the continued sex trafficking of illegal aliens – a matter of particular importance in eliminating the brutal, mafia-controlled “massage parlors” that now operate in most major U.S. cities.
The House bill requires DOJ to rapidly complete the study of the unlawful domestic commercial sex industry authorized by the Trafficking Victims Protection Reauthorization Act of 2005, which the Department has not conducted. (Sec. 232)	The Senate bill authorizes funding for the study but excludes the mandate that the study be completed.	This Senate bill fails to ensure the completion of a study vitally needed to gain an understanding of the economics of the U.S. sex trafficking “industry” and the nature of its operators, victims and customers, and vitally needed as a tool to assess the records of government agencies in eliminating unlawful sex trafficking.

H.R. 3887

S. 3061

Significance

The House bill maintains the critical distinction between commercial sex acts and the performance of “labor or services.” (Sec. 221)

Adopting the views and definitions of the Department of Justice, the Senate bill explicitly defines prostitution as a form of “labor or services.” (Sec. 222)

Symbolically significant and revealing of many of its key policy choices, the Senate bill treats prostitution as “sex work” rather than the destructive and enslaved life it is for the overwhelming majority of sex trafficked persons.

The House bill codifies decisions of the 2^nd, 3^rd, 4^th, 6^th, 9^th and 10^th Circuits that authorize the conviction of sex traffickers of minors on a per se basis, without proof that the trafficker knew that the trafficked person was a minor. (Sec. 221)

The Senate bill moderately softens the minority positions of the 7^th, 8^th and 11^th Circuits by permitting the conviction of sex-traffickers of minors who “recklessly disregard” the ages of the persons they trafficked. (Sec. 222)

The Senate provision rejects the clear majority view of the Federal Courts, will place a highly difficult burden of proof on the prosecution of sex traffickers of minors, will significantly protect traffickers claiming not to know the ages of the persons they trafficked, and will greatly facilitate the continued sex trafficking of minors.

The House bill amends current law criminalizing the sex trafficking of illegal aliens on a per se basis by eliminating the law’s further proof requirement that the traffickers caused the illegal aliens to come to the U.S. to engage in prostitution. (Sec. 223)

The Senate bill excludes this provision.

The Senate provision will place a highly difficult burden of proof on the prosecution of sex traffickers of illegal aliens and will greatly facilitate the continued sex trafficking of illegal aliens – a matter of particular importance in eliminating the brutal, mafia-controlled “massage parlors” that now operate in most major U.S. cities.

The House bill requires DOJ to rapidly complete the study of the unlawful domestic commercial sex industry authorized by the Trafficking Victims Protection Reauthorization Act of 2005, which the Department has not conducted. (Sec. 232)

The Senate bill authorizes funding for the study but excludes the mandate that the study be completed.

This Senate bill fails to ensure the completion of a study vitally needed to gain an understanding of the economics of the U.S. sex trafficking “industry” and the nature of its operators, victims and customers, and vitally needed as a tool to assess the records of government agencies in eliminating unlawful sex trafficking.

H.R. 3887	S. 3061	Significance
The House bill ensures that trafficked persons are eligible for Victims of Crime Act [“VOCA”] funds. (Sec. 214)	The Senate bill excludes this provision.	The Senate provision permits continued State denial of VOCA support to sex-trafficked victims if, as uniformly occurs, they have been convicted of prostitution-related offenses.
The House bill amends Federal law criminalizing all acts of sex trafficking of persons above the age of 18 by substituting an “in or affecting interstate commerce” jurisdictional proof requirement for the present requirement that such traffickers be proven to engage in transporting trafficked persons across State lines. The House bill treats acts of trafficker fraud, force or coercion as grounds for enhanced punishment, not as a baseline proof requirement for conviction. (Sec. 221)	The Senate bill excludes the House provision.	The Senate bill significantly restricts the Federal prosecution of sex traffickers of persons above the age of 18 to fraud, force or coercion cases. This policy makes such traffickers ordinary “employers” largely unaffected by the law until their “workers” complain of and can prove victimization by trafficker acts of fraud, force or coercion. Given the difficulty and resource intensity of such cases, the Senate bill will severely limit Federal prosecutions of traffickers, including those who routinely commit acts of fraud, force or coercion, and may in fact increase the measure of fraud, force or coercion practiced against sex trafficked persons.
The House bill requires remediation of a broadly promoted, broadly adopted DOJ Model Law that makes proof of fraud, force or coercion an essential element for State law convictions of sex traffickers of persons above the age of 18. The House bill further requires DOJ to draft a new Model Law that treats all acts of trafficker fraud, force or coercion as grounds for enhanced punishment, not as a baseline proof requirement for conviction, and requires DOJ to report to Congress on its progress in promoting the adoption of the new Model Law. (Sec. 224)	The Senate bill excludes this provision.	The House provision is needed to undo the effects of a DOJ Model Law that has often been treated as an effective repeal of existing, State laws that criminalize acts of sex trafficking without proof of trafficker fraud, force or coercion. No Federalism-based argument can be made for the Senate bill’s failure to mandate remediation of the DOJ Model Law. Failure to adopt the House provision will cause continued State law enforcement patterns of arresting and convicting persons engaged in prostitution while failing to prosecute their unlawful traffickers or johns.

H.R. 3887	S.3061	Significance
The House bill has no comparable provision.	The Senate bill requires the pre-trial detention of traffickers and adds Federal obstruction of justice, financial benefit and conspiracy crimes to existing laws involving slavery and trafficking. (Sec. 222)	The Senate provisions enhance the ability to prosecute traffickers under Federal law but do not address the underlying problems of proving trafficker force, fraud or coercion or the minor age or illegal alien status of sex trafficked person now required in many prosecutions.
The House bill requires that a presently authorized nationwide annual law enforcement conference on trafficking should be jointly conducted by the State Department Trafficking in Persons [“TIP”] office and Department of Justice, and requires the conference to promote laws making acts of sex trafficker fraud, force or coercion grounds for enhanced punishment rather than baseline requirements for conviction. (Sec. 232)	The Senate bill excludes this provision.	The Senate bill’s elimination of the House provision further supports the policy that converts many sex traffickers into ordinary “employers” largely unaffected by the law until their “workers” complain of and can prove victimization by acts of fraud, force or coercion. The Senate provision will enhance continuance of the widespread practice of arresting and convicting persons engaged in prostitution while failing to prosecute their traffickers or johns. It will also reduce the TIP office’s critical role in coordinating the Federal government’s overall anti-trafficking initiative.
The House bill includes a maximum sentence of 30 years for promoting sex tourism with minors, and authorizes the TIP office to work with the airline and tourism industries to help eliminate sex tourism. (Sec. 102 and 221)	The Senate bill excludes the House provisions and adds a provision barring sex tour operator prosecutions where the tours promote commercial sex acts that, although criminal in the U.S. residence of the tour participants, are lawful in the tour destination countries. (Sec. 222)	The Senate provision fails to increase the punishment for promoting sex tourism involving minors, and frees sex-tour operators from prosecution even though they promote activities which are criminal under U.S. law.

H.R. 3887	S.3061	Significance
The House bill assigns sex trafficking and sex tourism cases to DOJ’s Criminal Division, and forced labor cases to the Civil Rights Division. It makes the FBI’s “Innocence Lost” task forces responsible for investigating sexually exploited adults and minors. (Sec. 234)	The Senate bill excludes this provision.	The House bill corrects problems created within DOJ caused by divided responsibility given to different DOJ component units for the investigation and prosecution of sex trafficking crimes. This division makes accountability for policy and performance difficult and often impossible.
The House bill creates a framework for regulating foreign labor contractors. (Sec. 202)	The Senate bill excludes this provision.	The Senate bill creates no process to protect vulnerable workers from being sex trafficked or made subject to forced labor when recruited from abroad by labor contractors or traffickers.
The House bill subjects all countries to review in the annual Trafficking in Persons report. (Sec. 106)	The Senate bill excludes this provision.	The Senate bill rejects the view that trafficking is a concern in all countries, and ensures that “numbers game” exercises will be imposed on the TIP office that will oblige it to show that a “measurable number” of persons have been trafficked in a country before being able to evaluate the country in its annual report.
The House bill specifies that suspended sentences to convicted traffickers will not be deemed to comply with the TVPA minimum performance standard requiring countries to prosecute and punish their traffickers. (Sec. 106)	The Senate bill allows the State Department to consider suspended sentences on a “case-by-case basis.” (Sec.105)	The Senate bill changes the House provision from a mandatory to a discretionary standard, and maintains a present enforcement gap that allows trafficking-complicit countries to issue suspended sentences to convicted traffickers in order to avoid serious trafficking policy reform and effective TIP office review.
The House bill gives heightened significance to the TVPA minimum standard requiring countries to reduce demand for commercial sex and international sex tourism. (Sec. 106)	The Senate bill excludes this provision.	The Senate bill reduces the significance of reducing demand for commercial sex as a means of combating sex trafficking, and weakens the government’s ability to eliminate international sex tourism.

H.R. 3887	S.3061	Significance
The House bill makes the TIP office Director solely responsible for State Department-controlled anti-trafficking programs. (Sec. 102)	The Senate bill requires the “concurrence” of the TIP Director in managing these programs. (Sec. 102)	The Senate bill will facilitate gridlock rather than accountability in the State Department’s anti-trafficking programs, and will facilitate efforts to marginalize the TIP office.
The House bill grants the TIP office administrative control over its anti-trafficking grants. (Sec. 102)	The Senate bill excludes this provision.	The Senate provision will ensure continuance of now common delays of nine months and more between the dates that grant award decisions are made by the TIP office and the dates that its grants are awarded. The Senate bill will facilitate efforts to limit the authority and marginalize the role of the TIP office.
The House bill has no comparable provision.	The Senate bill requires the appointment of panels to evaluate all TIP office anti-trafficking grants. (Sec. 104)	The Senate provision further subjects the TIP office to review, supervision and bureaucratic control, and fails to recognize the critical need to permit the small, highly performing TIP office to exercise greater rather than less authority, and to be more rather than less accountable for its performance.
The House bill has no comparable provision.	The Senate bill requires grant applicants to certify that they have been trained in and collaborate with organizations whose mission is focused on victims of trafficking crimes involving proven fraud, force or coercion. (Sec. 104)	The Senate provision minimizes the importance of serving victims of sex trafficking under circumstances where, as is the case in the U.S. and throughout the world, proof of trafficker fraud, force or coercion is difficult and often impossible to obtain.
The House bill includes a Sense of Congress provision to locate the TIP office at State Department headquarters in a space that “reflects the importance of the implementation of the Act and the broad and historic mission of the Office to end modern-day slavery.” (Sec. 102)	The Senate bill excludes this provision.	The Senate bill will facilitate the marginalization of the TIP office and send a signal within the State Department and to foreign diplomats and others that trafficking issues are of lesser priority significance in the conduct of U.S. human rights and foreign policy.
H.R. 3887	S.3061	Significance
The House bill suspends for two years the issuance of special visas for domestic workers for the diplomatic personnel of all embassies or missions whenever their personnel have trafficked or exploited such workers. The Secretary is authorized to waive the suspensions, but only after making a formal finding that the embassy or mission has taken steps to prevent future abuses, and submitting the finding to Congress. (Sec. 110)	The Senate provision also authorizes such suspensions but requires no report or findings and gives the Secretary of State broader discretion to waive the suspensions. (Sec. 203)	The Senate bill will facilitate the continuance of presently widespread domestic worker abuse by many foreign diplomats, doing so by holding embassies and missions less accountable for monitoring and preventing the abuse and by giving the Secretary of State greater latitude in excusing it.
The House bill has no comparable provision.	The Senate provision requires written employment contracts for domestic workers admitted under special diplomatic visas, and permits such visa holders to work in the U.S. for periods sufficient to allow their contract or U.S. employment law-based complaints to be resolved. (Sec. 203)	The Senate bill expands legal protections available to special visa holders by facilitating the filing of visa holder legal complaints involving either contract or U.S. employment law violations.
The House bill has no comparable provision.	The Senate bill waives the filing fees for T Visa, U Visa and VAWA Self-Petitions.	The Senate provision enhances the protections available to victims of international trafficking and other forms of violence against women in the United States.
The House bill has no comparable provision.	The Senate bill requires an audit of overseas Defense contractors and subcontractors where evidence of unlawful trafficking exists. (Sec. 232)	This Senate provision will help prevent unlawful trafficking by overseas Defense contractors.

H.R. 3887	S.3061	Significance
The House bill creates an annual presidential award for American and foreign leaders who have notably contributed to the elimination human trafficking. (Sec.109)	The Senate bill also does so and names the award the “Paul D. Wellstone Presidential Award.” (Sec. 108)	The Senate bill appropriately recognizes the historic role of Paul Wellstone in passing the Trafficking Victims Protection Act but fails to recognize the equal contribution of Sheila Wellstone to the Act’s passage; the award should be named the “Paul and Sheila Wellstone Presidential Award.”