The Trafficking Victims Protection Act of 2000 and its subsequent reauthorizations define human trafficking as:
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 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. (22 U.S.C. § 7102(9)).
*The TVPA [18 U.S.C. Sections 1589-1594] allows for victims of trafficking who participated in illegal activity such as prostitution or immigration fraud to be protected rather than punished.
The Victim knew what they were getting into
Fact: Victims are often groomed into a trafficking situation and are sold lies.
The Victim committed unlawful acts
Fact: The Crime Triangle identifies three factors that create a criminal offense. The desire of a criminal to commit a crime; the Target of the criminal's desire; and the Opportunity for the crime to be committed.
The Victim was paid for services.
Fact: Victims are often underpaid, experience wage theft, are in constant debt, or turn their money over to their trafficker.
The Victim had freedom of movement.
Fact: Psychological control is often used over physical control. So just because they are physically moving around does not mean they are not living under threats or fear of retaliation.
There were opportunities to escape the victim didn't.
Fact: An opportunity to escape does not come without retaliation or repercussions.
Trafficking involves crossing of borders
Fact: The illegal crossing of a border is “smuggling”
U.S. Citizens can’t be trafficked
Fact: According to a 2011 report from the Bureau of Statistics in the Department of Justice, 80% of victims are U.S. are citizens.
The trafficker's actions are culturally appropriate.
Fact: When you are in the United States, the laws of the United States including labor laws, wage laws, and penal codes must be followed.
It can't be trafficking if the victim and the trafficker are married or related.
Fact: Interfamilial pimping and Servile (arranged or "mail order") marriages are common in the United States.