Running head: COMPARATIVE CRIMINAL JUSTICE 1

Comparative Criminal Justice: Sex Trafficking Around the World

Samantha Wilkinson

Stephen F. Austin State University

COMPARATIVE CRIMINAL JUSTICE 2

Comparative Criminal Justice: Sex Trafficking Around the World

Transnational crimes are crimes that span national borders, violating the laws of several

countries (Reichel, 2013, p. 34). With transnational crimes spanning multiple borders, there is

an organization factor that is not always seen in other types of crime. Transnational crimes can

be difficult to control with many countries having different views on what is considered a crime

and what is decriminalized. Transnational crimes include: cybercrime, corruption, drug

trafficking, money laundering, trade in human body parts, trafficking in persons, and terrorism

(Reichel, 2013). Technology has been a tool that has increased every type of transnational crime,

either by creating crimes such as cybercrimes or allowing crimes such as trafficking or terrorism

to be more easily accomplished. With Schauer and Wheaton (2006) reporting that the CIA

estimates that 700,000 people are trafficked annually worldwide (p. 146), trafficking is a global

concern. Trafficking can include: drug, firearm, and human trafficking, often with lines being

blurred between what type is being carried out. Human trafficking can be for multiple reasons

including labor and sex.

Specifically, a major transnational crime that has been studied more recently is sex

trafficking. Sex trafficking is essentially the trafficking of women for purposes of sexual

exploitation. Sex trafficking is most commonly seen as an issue of state security, an issue of

migration, or an issue of human rights (p. 2), meaning that research needs to be done to attempt

to combat the crime (Meshkovska, Siegel, Stutterheim, & Bos, 2015). Women and children are

the main victims of sex trafficking, which can occur in any country around the world.

Sex trafficking can closely be related to slavery because it includes fraud or extortion in

recruitment and coercion, restraint, gang rape, threat of physical harm, loss of liberty, and loss of

self-determination on arrival in the destination industry (Schauer & Wheaton, 2006, p. 146).
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When a victim of sex trafficking enters the life of being under the control of someone else, there

is little distinction between that life and the life of a slave for servitude. An issue with sex

trafficking is it may begin as a voluntary action by the victim. Human smuggling is the illegal

entry of a person from one country to another, when the person who is being smuggled is

generally cooperating (Reichel, 2013 p. 41). Many countries have varying legislation regarding

sex trafficking, which require examination to understand how the various regions of the world

combat and/or view the transnational crime of sex trafficking. Regions that have varying views

of sex trafficking span from criminalization of prostitution such as countries like the United

States, and its legalization in places such as Italy.

America is the land of opportunity, but that does not mean that it is free of the evils of sex

trafficking. Even though prostitution is illegal in the United States, difficulty in reporting and

tracking victims has led to varying estimates, but on the lower end there are 18,000 persons

trafficked into the United States per year (Schauer & Wheaton, 2006 p. 146). Understanding

who is responsible for deceiving and misleading women, children, and even men is an evolving

field. While there is still a lot unknown about sex trafficking it is now believed that individual

entrepreneurs and small organized groups are the perpetrators of most of the trafficking into the

United States (Schauer & Wheaton, 2006 p. 154).There is always the possibility that United

States citizens will be forced into prostitution and the world of sex trafficking. Teens that run

away or who come from unstable homes that are unstable are prime targets to be brought under

the wing of someone who deceives them into believing they care about them.

The majority of sex trafficking in the United States comes from overseas. Asia, Mexico, and

the newly independent countries of the former Soviet Bloc are the main sources for women and

children who are trafficked into the United States for sexual purposes (Schauer & Wheaton,
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2006). With unstable economies and/or false conceptions of a better life in the United States, are

reasons women could voluntarily choose to travel to the United States with sex trafficking

leaders. Sex trafficking can easily start out as voluntary, in which case it would be human

smuggling, but once the woman is forced to stay and meet the demands of the leader, smuggling

quickly turns into trafficking.

Individuals and organizations mainly use three ways to traffic women into the United States:

illegal use of legal documents, traffickers produce fake documents for their victims, and some

women are brought into the United States without inspection (Schauer & Wheaton, 2006, p.

154). These ways show some of the deeper issues of trafficking including corrupt officials. If a

woman is not inspected upon entering the United States, there could be corruption by border

agents, or in some cases the military, depending on the entry into the country.

There are many issues that must be addressed, including, the high availability of women and

children from vulnerable populations, the lack of means to identify and prosecute traffickers, and

to handle police corruption in this area if the United States want to get a handle on the issue of

sex trafficking. There are many negative effects of sex trafficking and known destination

countries, such as the United States, have an obligation to be forerunners in the research and

prevention of human trafficking (Schauer & Wheaton, 2006, p. 167). With the detrimental

effects to the emotional and physical state of those trafficked and the negative stigma attached to

communities with sex trafficking, the United States must put prevention of sex trafficking as a

top priority.

Even with the understanding of the harm of sex trafficking and the flurry of international

and domestic resolutions, the sex industry in Southeast Asia remains a hugely profitable and

deeply entrenched enterprise with women and children being the main victims (Kuo, 2000, p.
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42). Sexual exploitation is such a major problem in Southeast Asia that is seen as a tourist

attraction. Kuo (2009), reported that approximately 60 percent of Thailands tourists visit solely

for sexual purposes (p. 42). During times of war and economic need, the sex trade will grow.

Other countries, such as the United States have played a role in increasing the sex trade, thus

increasing sex trafficking, in Southeast Asia during wars- for example, the Vietnam War. During

the Vietnam War, the sex industry grossed US$16 million for the Thai economy (Kuo, 2000 p.

42).

Asia not only has a problem with sex trafficking of women, but also of children. This

disturbing problem is amplified by the belief that younger prostitutes are less likely to be

infected with HIV (Kuo, 2000, p. 43). With young children being exploited, there has been an

increase in child susceptibility to getting infected with HIV because the tourists desire the

children.

Asian countries are known for their ambiguity when it comes to enforcing laws, and the

enforcement of laws prohibiting prostitution is no exception. There is the issue of police and

local officials corruption, bribery, and active participation as customers that hinder the

enforcement of legislation (Kuo, 2000, p. 42). Southeast Asia has not taken on the view of

legalizing prostitution, but it is not an area that can be considered actively against prostitution.

Asias problem between keeping prostitution illegal or decriminalizing it is a continuing

struggle. The struggle blurs the line between prostitution and trafficking and voluntary and

involuntary (Kuo, 2000, p. 44). There are many debates that attempt to protect women of the

sex sector in Asia. There is a human-rights approach that hope to protect womens rights in the

short term, while they work as prostitutes, until the women can find higher paying wages in

another job sector (Kuo, 2000, p. 45). An issue with providing more rights for women is the
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economic issues that would occur if the sex sector was downsized. Kuo (2000), explains that

the profitability of sexual abuse and the controversy over legislation are explanations for the

ambiguity of the Asian government. Southeast Asia continues to search for the correct legislation

to provide rights for victims of sex trafficking.

In Western Europe, sex trafficking can be seen in many countries. Estimates of the number

of sex trafficking victims in Italy vary, but the purchase prices of these slaves are well

established(Kara & CIAO, 2009, p. 88). Depending on what country the victims are from there

is varying purchase prices and cost for sexual acts. In contrast to many places, street prostitution

is legal in Italy, msking Italy a country with various research on the issue of sex trafficking

(Kara & CIAO, 2009, p. 83).

Kara and CIAO (2009), reported that many street prostitutes are victims of sex trafficking,

but the majority of trafficking victims in Italy are also exploited in closed-door establishments

(p. 84). Closed-door establishments are more difficult to identify because of their secretive

nature. Sex traffickers are cautious to keep a close eye on their victims, creating a life of constant

servitude and repression for sex trafficking victims. An issue with prosecuting and stopping

those that purchase girls and women is that in some cases, police can be the main clients. There

are issues of corruption in every country concerning the issue of sex trafficking.

Women from East Europe are seduced by romantic illusions of a rich, fast-paced lifestyle in

Western Europe (Kara & CIAO, 2009, p. 85). A major source of women and children for

Western Europe is from the formerly communist countries of Eastern Europe because unstable

lifestyles. Western Europe has numerous countries all with various appeals to those who are

struggling in other areas but, because Italy is one of the closest West European countries to the

poorer countries of Central and Eastern Europe, and because it has an extensive coastline that
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facilitates clandestine entry by sea, it is one of top destinations of sex trafficking victims in

Western Europe (Kara & CIAO, 2009, p. 87-88).

Not only is Eastern Europe a source for victims for Italy; African countries, specifically

Nigeria is a country where many sex trafficking victims originate. Not only is Nigeria one of

the poorest countries in the world but, a life of famine, war, and HIV result in trafficking of

Nigerian women to be a thriving business (Kara & CIAO, 2009, p. 90). Nigerian sex trafficking

victims suffer differently than those of other nationalities, including having to repay debts much

larger than those of other nationalities.

Kara and CIAO (2009), report that more than anywhere else in the world, the slave trading

industry throughout Eastern and Western Europe is operated by organized crime (p. 92). There

is an understanding in Italy that sex trafficking is an issue, but not enough has been done to

combat the issue. Despite the large number of sex slaves trafficked to Italy since the 1980s,

there was no law that specifically addressed victims of human trafficking until August 11, 2003

leaving a huge gap of unprotection for victims (Kara & CIAO, 2009, p. 99). There are various

stances on sex trafficking, with different justifications.

The Netherlands legalizes all forms of prostitution which is in stark contrast to Sweden who,

similar to the United States, criminalizes prostitution. Kara and CIAO (2009), wrote that

prostitution was historically legal in Amsterdam, but the ban on brothels was only lifted on

October 1, 2000 (p. 103). The Netherlands hoped that the legalization would provide more

benefits to the women and would reduce illegal trafficking. Despite this thinking, observations

from local experts indicated that sex trafficking in Amsterdam increased, allowing for more

profit for traffickers and a continuance of suffering by victims (Kara & CIAO, 2009, p. 104).
COMPARATIVE CRIMINAL JUSTICE 8

Europe is home to a vast amount of countries all with varying views on performing sexual

acts for profit. Countries try various approaches to combat the crime of sex trafficking, but with

issues such as high profit from sex trafficking and corruption by officials, sex trafficking is an

issue that is ongoing. Countries have tried to legalize prostitution with justification for this stance

being that women will benefit from having benefits associated with having a legalized job.

Countries that take the opposite stance criminalize prostitution in the hope of deterring criminals

who desire to enter the sex trafficking business.

Transnational crime has come to a forefront issue in many countries around the world in the

twenty-first century. With the U.S. Congress reporting that the trafficking of women and

children was the third largest source of revenue for organized crime worldwide, following

closely behind drug and firearm trafficking in the year 2000, it is no surprise trafficking will

continue to be a problem in the future (Schauer & Wheaton, 2006, p. 153). The effects of sex

trafficking are not only limited to the victims physical and mental state, but also on the society

as a whole. There is a negative stigma associated with areas that have sex trafficking that can

cause problems for continual progression of the area.

There is also continued debate over how to handle the issue of sex trafficking. Deciding

whether to take the route of legalizing prostitution or not has been a debate between various

countries. In support of criminalizing prostitution, studies have been published showing that the

legalization of prostitution is tied to persistent or increased levels of female sex trafficking

(Meshkovska et al., 2015). Issues are associated with decriminalizing prostitution. For example,

Southeast Asian economies are, in some cases, dependent on the sex sector to continue economic

growth. Studying the span of view from countries such as the United States, with criminalization

of prostitution, to regions with uncertainty such as Southeast Asia, and finally to decriminalized
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prostitution such as in Italy, allows for different perspective of how to handle the sex trafficking

issue.
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References

Kara, S., & CIAO, (. (Organization). (2009). Sex trafficking : Inside the business of modern
slavery. New York: Columbia University Press.

Kuo, M. (2000). Asia's dirty secret. Harvard International Review, 22(2), 42

Meshkovska, B., Siegel, M., Stutterheim, S. E., & Bos, A. E. (2015). Female sex trafficking:
conceptual issues, current debates, and future directions. The Journal of Sex Research,
52(4), 380-395

Reichel, P. L. (2013). Comparative criminal justice systems: A topical approach (6th Ed.).
Boston: Pearson.

Schauer, E. J., & Wheaton, E. M. (2006). Sex trafficking into the United States: A Literature
Review. Criminal Justice Review, 31(2), 146-169. Doi:10.1177/0734016806290136