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Trafficking in PersonsWhat’s New U.S. Department of Labor Report on Forced Labor and Child Labor (Released September 2009): Includes a list of goods produced by forced labor and child labor.U.S. Department of Labor 2008 Findings on the Worst Forms of Child Labor (Released September 2009) Wisconsin Human Trafficking Resources (June 2009) 2009 Trafficking in Persons Report (June 2009) Request Assistance for Child Victims of Human Trafficking (U.S. Dept. of Health and Human Services Form) January 2009 BJS Report: Characteristics of Suspected Human Trafficking Incidents National Human Trafficking Resource Center at 1 (888) 373-7888The national Trafficking Information and Referral Hotline is part of the United States Department of Health and Human Services' Campaign to Rescue and Restore Victims of Human Trafficking. The hotline was set up to help you determine if you have encountered victims of human trafficking, to help identify local resources available in your community to help victims, and to help you coordinate with local social service organizations to help protect and serve victims. Index Introduction to Human Trafficking Anti-Trafficking Laws & Legislation Online Slides and Presentations Fact Sheets, Guides & Public Awareness Materials Legal Definitions of Trafficking Federal
Assistance Available for Victims Glossary of Commonly Used Trafficking Terms Frequently Asked Questions About Trafficking
The Difference Between Smuggling and Trafficking
Legal Definitions of Human TraffickingTrafficking in persons is often referred to as a form of slavery because it involves the deprivation of liberty of a person in order to exploit the victim through labor services and/or the commercial sex trade. The elements of trafficking can be subtle and complicated, making it difficult to craft one definition that is universally accepted and used.
Many states also have state laws that define and prohibit trafficking, including Wisconsin. 2007 Wisconsin Act 116 was enacted on March 19, 2008. It makes trafficking or trafficking of a child a felony offense in Wisconsin. Click here if you would like to receive updates about this and other victim-related legislative proposals. State of Wisconsin Definition of Human Trafficking:
State of Wisconsin Definition of Trafficking of a Child:
United States Federal Definition of Severe Trafficking of Victims: For the purpose of criminal prosecution, the federal Trafficking Victims Protection Act ("TVPA") defines the crime of severe trafficking as having the following elements:
United Nations Definition of Severe Trafficking in Persons: The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, is a supplement to the United Nations Convention against Transnational Organized Crime (article 3 (a). It defines severe trafficking as having the following elements:
Glossary of Commonly Used TermsA B C D E F G H I J K L M N O P Q R S T U V W X Y Z Coercion: Under the TVPA, coercion means: a) threats of serious harm to or physical restraint against any person; b) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or c) the abuse or threatened abuse of the legal system. Examples of coercion include debt bondage, threats against family members, photographing or videotaping the victim in compromising or illegal situations, then threatening to turn over the video to authorities or loved ones, punishment of another victim in front of another person to instill fear, all money is controlled by the trafficker, all identity or immigration papers are controlled by the trafficker, threats of deportation or psychological abuse that intimidates and frightens the victim. Commercial Sex Act (TVPA Definition): any sex act on account of which anything of value is given to or received by any person. Debt bondage (TVPA Definition): the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services (as reasonably assessed) is not applied toward the elimination of the debt or the length and nature of those services are not respectively limited and defined. Force (TVPA Definition): Physical restraint or causing serious harm. Examples of force include kidnapping, battering, kicking, pushing, denial of food or water, denial of medical care, forced use of drugs or denial of drugs once a victim is addicted, forced to lie to friends and family about their whereabouts, being held in locked rooms or bound. Examples of fraud include false promises for specific employment, being promised a certain amount of money that is never paid, working conditions are not as promised, being told he or she would receive legitimate immigration papers or a green card to work but the documents are not obtained. Involuntary servitude (TVPA Definition): a condition of servitude induced by means of (a) any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condition that person or another person would suffer serious harm or physical restraint; or (b) the abuse or threatened abuse of the legal process. Peonage (TVPA Definition): holding someone against his or her will to pay off a debt. Recruitment: victims are recruited through fraudulent employment offers posted in newspapers, by acquaintances promising opportunity abroad, through mail-order bride and other marriage arrangements and by the promise of the chance to earn large sums of money. Parents are tricked into relinquishing their child with a promise the child will be schooled, employed or otherwise cared for by the recruiter. Smuggling (human): Human smuggling is the facilitation, transportation, attempted transportation or illegal entry of a person(s) across an international border, in violation of one or more countries laws, either clandestinely or through deception, such as the use of fraudulent documents. Often, human smuggling is conducted in order to obtain a financial or other material benefit for the smuggler, although financial gain or material benefit are not necessarily elements of the crime. Human smuggling is generally with the consent of the person(s) being smuggled, who often pay large sums of money. Once in the country of their final destination they will generally be left to their own devices. Transportation: victims need not be transported at all in order to be trafficked. However, the TVPA seeks to prosecute all persons involved in any stage of trafficking, in addition to those who directly participate in and profit from the victim's sexual or labor exploitation. Persons who knowingly transport a victim for the purpose of trafficking can be prosecuted under TVPA.
Frequently Asked Questions About The Crime of Trafficking in PersonsWhat is human trafficking? As defined in the Trafficking Victims Protection Act of 2000, the legal definition of a "severe forms of trafficking in persons" is:
a) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age; or
b) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. How is human trafficking different than human smuggling? Human smuggling is the facilitation, transportation, attempted transportation or illegal entry of a person(s) across an international border, in violation of one or more countries laws, either clandestinely or through deception, such as the use of fraudulent documents. Human smuggling is usually completed with the consent of the person(s) being smuggled, who may pay large sums of money. Once in the country of their final destination the persons who were smuggled will generally go their own way. Human trafficking may involve an element of smuggling. The distinguishing factor, however, is that trafficking specifically targets the trafficked person as an object of criminal exploitation. Once in the country of their final destination, the trafficked person is not allowed their freedom. Another important distinction is that human trafficking does not always involve the crossing of an international border - it does not even require the transportation of victims from one locale to another. Is it against the law in all states? Human trafficking is a federal offense. However, not all states have state anti-trafficking laws. Wisconsin is not one of the 30 states with a state anti-trafficking statute but legislation has been introduced during the 2007-2008 legislative session to make trafficking in persons a state crime. Isn't this really just an immigration or civil issue? No- The definition of trafficking used in U.S. federal law does not require crossing of international or state borders. Traffickers commit crimes of fraud and violence and use other forms of coercion to victimize vulnerable people for profit. Human trafficking victims can be foreign nationals or U.S. citizens, young or old, in rural or urban settings. The crimes that are committed in order to traffic victims (and maintain their compliance) warrant vigorous justice system intervention. How widespread is the problem of trafficking? It has been said that trafficking is "hidden in plain sight." This is one of the challenges of helping victims and prosecuting offenders. Traffickers instill in their victims a fear and distrust of law enforcement and many victims remain unidentified. The U.S. Department of State estimates that approximately 14,500-17,500 people are trafficked into the United States annually. The number of U.S. citizens trafficked within the country are estimated even higher, with an estimated more than 200,000 American children at high risk for trafficking into the sex industry each year (source: Polaris Project). There is controversy surrounding how trafficked victims are counted for such studies and efforts are underway to improve data collection at the national level. What is the root cause of trafficking? There are many factors that make victims vulnerable to trafficking, such as poverty and lack of opportunity. Traffickers choose to victimize these vulnerable persons because labor trafficking and commercial sexual exploitation is a lucrative criminal industry where victims are in high demand and there is a low risk of prosecution to the offender(s). What can be done to combat human trafficking? Governmental and non-governmental organizations can help raise awareness to identify - and provide services to - victims of trafficking. Outreach within vulnerable populations and building trust between law enforcement and community and faith-based organizations is essential if victims are going to cooperate with prosecution efforts. People and professions likely to encounter victims (or evidence of trafficking), such as postal workers, health inspectors, landlords, farm workers, health care workers, etc., can be educated to recognize 'red flags' that might indicate trafficking. Criminal justice professionals will benefit from training to help them recognize victims of trafficking as well as training to understand the legal options and services available to victims. At the local level, when people are trained to "look beneath the surface" as the U.S. Health & Human Services Rescue and Restore Campaign materials say, more victims will be identified and more traffickers prosecuted. With collaboration and diligence, we can make trafficking in persons a riskier proposition for those who profit from the victimization and slavery of others.
Anti-Trafficking Laws (Links to full text)
Reports and Statistics
U.S. Bureau of Justice Statistics
Online Slides & Presentations
Fact Sheets, Guides & Public Awareness MaterialsFor Non-Governmental Organizations Rescue & Restore Campaign Materials (Fact Sheets, Posters, Guides) For Social Service Organizations
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