CBA Record

YLS Special Issue l PROTECTING OUR CHILDREN

International law, specifically the Pal- ermo Protocol, broadly defines “trafficking in persons” as “the recruitment, transpor- tation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduc- tion, 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. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or ser- vices, slavery or practices similar to slavery, servitude or the removal of organs.” G.A. Res. 55/25, Art. III (Nov. 15, 2000) (avail- able at http://bit.ly/1BwBlZN). Notably, it is not possible to consent to be trafficked under international law. US law more narrowly defines “sex trafficking” as “the recruitment, harbor- ing, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act,” 22 USC § 7102(10), and defines “human traffick- ing” as sex trafficking of a minor or “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.” 6 USC § 641(2); 22 USC § 7102(9). U.S. law impliedly permits adult con- sent to be prostituted; a situation that would more likely be considered human trafficking under international law. As such, our law has yet to step away from the myth that prostitution is a victim- less crime. Any hint of consent is likely a veneer, and, in reality, the vast majority of those caught in sex trafficking rings do not stay by choice. A. Cotton et als., Attitudes Toward Prostitution and Acceptance of Rape Myths, J. of Applied Social Psych. (Sept. 2002) (“There is a growing literature that documents the human-rights abuses intrinsic to prostitution, which include sexual harassment, economic servitude,

fact that the venture has engaged in such violation, shall be fined under this title or imprisoned in the same manner as a completed violation of such section.”); 18 U.S.C. § 1595 (“An individual who is a victim of a violation of this chapter may bring a civil action against the perpetrator (or whoever knowingly benefits, financially or by receiving anything of value from par- ticipation in a venture which that person knew or should have known has engaged in an act in violation of this chapter) in an appropriate district court of the United States and may recover damages and rea- sonable attorneys fees.”). For example, manufacturing clients should ensure that their supply chains are free from trafficked labor. Also, certain industries are much more likely to indirectly support human trafficking. Those industries include hotels, landlords of residential real estate, and taxi cabs and ride-sharing companies. A client’s employees should be trained to recognize and respond to suspected human trafficking. All too often, persons in those industries are not only aware of human trafficking, but directly and intentionally benefit from it. While only 10% of men purchase sex, men still almost exclusively drive the demand that causes sexual slavery. A client with male employees who frequently travel (e.g., truckers or salesmen) should take steps to educate their employees on the destructive nature of sex trafficking to ensure that no employee participates in it. While the problem of human traffick- ing seems monumental, remember the individual human that each statistic repre- sents. You can contribute to giving that one person freedom. For a list of recommenda- tions on the State Department’s list of 15 ways you can combat human trafficking, visit http://bit.ly/2hZG79s. Oliver Khan is Assistant Counsel at the American Association of Insurance Services, Inc. and a Co-Editor-in-Chief of the YLS Journal

educational deprivation, job discrimina- tion, domestic violence, racism, classism, vulnerability to frequent physical and sexual assault, and being subjected to body invasions that are equivalent to tor- ture.”). Illinois law does, however, provide immunity from prosecution to prostituted minors. 720 ILCS 5/11-14(d). The perpetuation of the attitude (that prostitution is largely voluntary or that demand is the inevitable result of male libido) is why U.S. prostitution laws have focused on the prosecution of women rather than men. To counteract these atti- tudes, organizations like CAASE educate young men in an effort to decrease the demand that leads to the sexual slavery of so many, and to disrupt the stereotype that men who purchase sex are “just doing what men do.” L. Janson et als., ‘Our Great Hobby’: An Analysis of Online Networks for Buyers of Sex in Illinois (Jan. 2013), http://bit.ly/2kCRPeV. It is the huge disparity between supply and demand that drives sex trafficking. This is especially troubling in light of an Atlanta area study that concluded “42% of men who purchase sex either specifi- cally seek out young females, or are will- ing to ignore all warning signs that the female they are about to have sex with is an adolescent.” The Schapiro Group, Men Who Buy Sex with Adolescent Girls: A Scientific Research Study (2010), http:// bit.ly/2kyQ7LS. What Lawyers Should Do There are many things lawyers can do to help victims of human trafficking. Attor- neys can volunteer at organizations like CAASE to provide pro bono legal counsel to trafficking victims. Lawyers who feel ill-equipped to repre- sent trafficking victims should counsel their corporate clients to ensure that they are not aiding and abetting human trafficking. See 18 U.S.C. § 1593A (“Whoever know- ingly benefits, financially or by receiving anything of value, from participation in a venture which has engaged in any act [], knowing or in reckless disregard of the

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