Library for Policy Makers

Northwestern University Journal of International Human Rights

Designing More Effective Laws Against Human Trafficking

S. Kara — Spring 2011

Uses the United Kingdom as a case study to design more effective laws against human trafficking; advocates: (1) elevating economic penalties for trafficking offenses to a level that effectively inverts the high profit, low risk business profile that fuels demand; (2) enforcement of anti-trafficking laws with more proactive and well-resourced law enforcement investigations/interventions; (3) enhanced human rights protections for survivors.

Sanctuary for Families

Domestic Violence and Sex Trafficking

Discussing the similarities between human trafficking and domestic violence, including the tactics of psychological torture used by the abusers (e.g., Isolation of the victim; Induced debility, producing exhaustion, weakness, or fatigue; Threats of harm to the victim or others; Degradation; Forced drug/alcohol use) and obstacles to accessing help (e.g., Small actions leading victims to hope torture will cease; Traffickers restricting movements; Violence and threats of violence against them and/or their families in their home countries; Psychological coercion, deception, brainwashing that makes them inclined to see themselves as criminals rather than victims; Profound distrust of outsiders).

Fordham Law Review

Elusive Empowerment: Compensating the Sex Trafficked Person Under the Trafficking Victims Protection Act

T. Sangalis — October 2011

Observes that, as of October 2011, not a single suit filed in federal court by sex trafficking survivors under the TVPA has reached the merits, and restitution in connection with the criminal case (the only other statutory means of compensating these survivors) either has not been ordered, not been collected, or been woefully inadequate. Recommends that Congress: (1) Discard T Visa requirements that victims suffer “severe” forms of trafficking and show extreme hardship (not required by the U Visa); (2) Create of federal task forces that partner with organizations/agencies pursuing civil litigation on behalf of trafficking victims; (3) Ensure that mandatory restitution ordered in criminal proceedings under the TVPA is tracked and collected.

Fordham Law Review, vol. 80, p. 403

Elusive Empowerment: Compensating the Sex Trafficked Person Under the Trafficking Victims Protection Act

T. Sangalis — 2011

Discusses: (1) Definition and Facts; (2) Factors Causing Sex Trafficking; (3) Victim Experience; (4) The Trafficking Victims Protection Act of 2000: T Visas and Mandatory Restitution; (5) Reauthorization of TVPA; (6) Compensation under the TVPA; (7) Improving the Sex Trafficked Person’s Access to Compensation: (a) Modify the Requirements to Receive Benefits Under the TVPA; (b) Civil Litigation; (c) Collection of Restitution Damages.

Washington University Journal of Law and Policy

Examining the Reality of Foreign National Child Victims of Human Trafficking in the United States

B. Carr — 2011

Discusses extending the “snapshot moment” (the initial encounter between victims and law enforcement) to better determine whether a child is considered a victim or criminal; absent a presumption in favor of classifying such a child as a trafficking victim, the child should be provided access to an attorney before the decision is made or, at a minimum, victim witness specialists trained to interview traumatized children should interview all children who might be trafficking victims. Advocates that: (1) individuals above the age of 18, who were trafficked as children, should be eligible to apply for a T Visa regardless of whether they cooperate with law enforcement; (2) amendment of the Trafficking Victims Protection Act (TVPA) to prioritize and facilitate family reunification.

U.S. Department of Health and Human Services (HHS), Administration for Children and Families, Office of Refugee Resettlement

Fact Sheets, prepared for Office of the Assistant Secretary for Planning and Evaluation (ASPE)

Fact Sheets discussing: (1) National Human Trafficking Resource Center; (2) Human Trafficking (Definition, How Victims are Trafficked; Trafficking vs. Smuggling); (3) Sex Trafficking; (4) Labor Trafficking (Forms, Identifying Victims, Health Impacts); (5) Victim Assistance (Benefits and Services Available to Victims, Temporary Immigration Status and Relief); (6) Federal Efforts to Assist Victims of Human Trafficking; (7) Certification for Adult Victims of Trafficking (T Visa, Continued Presence); (8) Child Victims of Human Trafficking (Definition, Identification, Reporting, Assistance).

Additional Relevant Links:

http://www.acf.hhs.gov/programs/orr/resource/fact-sheet-human-trafficking

http://www.acf.hhs.gov/programs/orr/resource/fact-sheet-sex-trafficking-english

http://www.acf.hhs.gov/programs/orr/resource/fact-sheet-labor-trafficking-english

http://www.acf.hhs.gov/programs/orr/resource/fact-sheet-victim-assistance-english

http://www.acf.hhs.gov/programs/orr/resource/fact-sheet-federal-efforts-to-assist-victims-of-human-trafficking

http://www.acf.hhs.gov/programs/orr/resource/fact-sheet-certification-for-adult-victims-of-trafficking

http://www.acf.hhs.gov/programs/orr/resource/fact-sheet-child-victims-of-human-trafficking