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Maya Begovic
Abstract
The purpose of this paper is to create awareness and prevention for the increasing problem of
child trafficking and abduction. The author describes the need for increased legislation and
increased protection in favor of those who are victims of child trafficking. The author examines
cases where children are trafficked and openly explains the reasoning and effects behind the
crime. Several hub countries are addressed and recommendations for the control of this global
problem are introduced. The author intends to explain that the crime that comes upon these
innocent children are preventable if the right measures are taken. The author discusses real
situations regarding children who were brutally murdered and victims of abduction, a starting
factor of child trafficking. Child abduction and trafficking strips children of their innocence,
hence leaving them with zero public voice or opinion. With the help of each and every person
nationally and globally, this nightmare of a crime will decrease and the innocent children and
young adults will regain their voice and purpose on this Earth.
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transferred, harboured or received for the purpose of exploitation, either within or outside a
country (Upadhyay, 2015). While children locally, nationally, and globally, are being transported
away from their families, normal people go about their days as if this problem was invisible. The
rates of child trafficking are increasing enormously and essentially, our nations future leaders
are being sold, used, and abused in nations surrounding our own. According to the United
Nations Office on Drugs and Crime, Article 3, paragraph (a) of the Protocol to Prevent,
Suppress and Punish Trafficking in Persons defines Trafficking in relation to persons as follows:
the threat or use of force or other forms of coercion, of abduction, of fraud, of deception,
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
organs.
Taken from an interview of 97 parents of abducted children, one third out of nine abducted
children were taken to countries in Latin America, one fourth were taken to Muslim countries,
and one fifth were taken to European countries, while 62% of the abductors of these children
were not American (Snow, 2008). From the same book of research, it is explained that the
average age of trafficked/abducted children is five. At five years old, the matured mindset is yet
to be developed, therefore making it easy to manipulate and influence these innocent children.
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With every trafficking case beginning with an abduction, legislation regarding both crimes, along
with a deeper explanation of the relationship between the two will be explained further in this
paper.
Locations
The US State Department estimates that 1,000 kids are internationally abducted each year. This
1,000 is less than half of one percent of the total amount of ordinary abductions. On record with
the US State Department, there are over 200,000 reported abductions on file (Snow, 2008). With
the common social assumption that there are mounds of cases that go unreported, the problem is
growing exponentially. With international abductions, the abducting parents have the chance to
take their children to countries where there are no treaties in place with the United States
government regarding the return of abducted children. This creates an incentive for single
parents and relatives who want to take custody into their own hands and flee. Most of these
abductions were cases of revenge and payback from marital divorce and inner-family
abductions. Countries like Jamaica, India, and El Salvador all have living standards below the
poverty line, causing these crimes to be more prominent. Traffickers exploit the aspirations of
those living in poverty and those seeking better lives ("Introduction," 2016).
Jamaica. Jamaica, among many other small countries, is a source, transit, and destination
country for many young girls, also including lower-class women, and young boys ("Category
Archives: Shared Hope," 2010). They are commonly trafficked for sexual exploitation and forced
labor. One of the common ways that young girls and teens are taken are by misleading
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employment offers. Some of the most common locations in Jamaica include, highly populated
resort towns, massage parlors, spas, bars, and on the street. Jamaicas socially accepted beliefs
entail that in order for an act to qualify as an act oftrafficking, three aspects must be satisfied:
action, means, and purpose (Barrett, 2014). The action element, similar to in criminal justice,
is the actus reus or the literal act of trafficking that has taken place. The actions that the
government looks for would be the recruitment process, the transportation or the transfer of a
human, child or adult, by a so-called pimp. The means element consists of the details that
lie between the lines of the obvious traffick humans for money. Commonly, someone
convicted of human trafficking would have forcefully moved or abducted another person and
they would have manipulated the victim to believe their false authority and power. Those
involved in such acts have either given or received modes of payment or benefit, to achieve the
consent of whoever they are aiming to traffick for their own benefit. In most cases, the
agreement of a money exchange is only applicable to adult human trafficking (and young adults),
since children are most likely to be incapable of accepting benefits or bribery to cooperate. Some
incentives of human traffickers can consist of their ability to create misleading job opportunities
and promise work for a woman or young adult. The purpose detail is defined as the intention
to take a person or child through unlawful actions and prohibited means; this is also known as
mens rea ("Mens Rea," n.d.). Also according to Barrett, children who are at higher risk of
trafficking and manipulation are those who actually get moved to foster homes or communities
where living is cheaper, although unsafe. Children who attempt to gain money for their families
by selling products on the streets as vendors are the perfect victims in the eyes of the criminals.
Jamaica has danced their way among the tiers of cooperation regarding child trafficking and
sexual exploitation.
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India. India is a country with high counts of trafficked women and children for sexual
trade and sale; it is known as a source, destination, and transit. An estimate is made that out of
about 6 million to 8 million adults who are recorded as trafficked individuals, approximately half
of them are children. It is evident that the illegal traffic of children is a problem, but with all of
the governmental regulations and laws against it, the reason for increase is unknown. The
reasoning behind the child trafficking in certain countries like India, is because most children and
families live in a state of drastic poverty and live in conditions where they are unable to provide
for anyone other than themselves. Some children run away, or are abandoned, and then are lured
by pimps and gangsters to do work, either forced labor or sexual acts, with the slight hope of
a better life with them. Given poor socio-economic standards, some parents are even forced to
sell their children (to the mafia and human trafficking ring essentially). With sexual exploitation
being a leading reason for child trafficking in countries all over the world, including India,
approximately 80% of children that are trafficked, are used for this reason. (Upadhyay, 2015).
girls are continuously being forced into prostitution. Child sex trafficking is covered under the
trafficking-in-persons statutes in the penal code, which gives a penalty of four to eight years
imprisonment for trafficking crimes ("Introduction," 2016). In El Salvador, the minimum age of
consensual sexual acts is 18, causing many crimes in this country to violate this code. El
Salvador's Fourth District Court recently, in 2015, convicted four out of seven men who were
involved in a gang to ten years. The case of these men erupted among reporters for weeks, as it
was discovered that those involved sold the virginities of underage victims for $150 each. This
case became a publically shown scandal once it became reported that among the buyers, they
were prominent businessmen, successful professionals, and politicians (Lopez & Orellana,
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2015). With low living standards in Central and Latin America, the crimes of child trafficking is
continuing, even with legal regulations that have been implemented. In some cases, the fault of
the continuing crimes fall on the police officials themselves. According to Lopez et als, the
Salvadoran police registered 96 arrests for human trafficking in the past four years; of these 96
Labor
Given the vulnerability of young females and young males (around the ages of 5), their
ability to cooperate as a reaction to fear is nearly inevitable. The strenuous physical toll that
forced labor takes on young children in America and surrounding countries is beyond what any
child should have to deal with. When forced labor is included in the situation of trafficking, the
children are forced to complete tasks and work longer hours than their bodies can sustain. It is
The most common method used for human/child trafficking in countries other than
America, like India is bonded labor or forced slavery (Upadhyay, 2015). Bonded Labor,
also known as debt bondage, bonded labor is a specific form of forced labor in which
compulsion into servitude is derived from debt (Finn, n.d.). Also detailed by Finn, India is a
leading hub for forced labor on children. He detailed in his journal that the largest employer of
children in India is the agricultural sector. here, it is estimated that twenty-five million children
are employed throughout the nation. The second largest employer of Indian children is the
service sector where children are employed in hotels as maids and housekeepers.
Because labor is something that many people are willing to do for a better lifestyle, those
who are in need of money and necessities are vulnerable to illegitimate paying jobs. Pimps
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target young females who are homeless, poor, and in need of help. In order for them to get what
they need to survive, they are forced to work for hours among hours, without food or water, in
hopes of the slightest chance that they might receive the money or collateral that they were
promised.
Sexual Exploitation
In countries like Jamaica, the sex-centered business ring is nearly invisible to tourists,
although it fills the streets where many dont encounter. For example, after the inspection of
Jamaicas sex clubs and businesses where children were expected to be employed, The Child
Care and Protection Act (CCPA) was passed in 2004 with the intention to improve the living
standards of children and decrease the amount of children who were transported to different
cities (trafficked) to be used for sexual exploitation or work. Now, with the negative attention on
such a high-end tourist location, Jamaican governments have implemented regulations like the
Trafficking Act of Jamaica, which prohibited the trafficking of persons, including minors, for
commercial sexual exploitation. ("Category Archives: Shared Hope," 2010). Shared Hope
Internationals (SHI) 2007 DEMAND report stated that Jamaicas heavy economic reliance
on tourism fuels demand for commercial sex. In countries aside from Jamaica, sexual
exploitation seems to be one of the key factors that cause the increasing rates of exploited
children. Sex work is something that is forced among children and women, and is unreported
after the cause. In America, the amount of discrete prostitution rings that exist are increasing,
even though not many people are even aware of their prominence.
Every child that is trafficked was once kidnapped and abducted. I am focusing on the
aspect of child trafficking because no human should take advantage of a five year olds, ten year
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olds, or simply any minors body, mind, and physical ability. With the increase awareness
regarding the amount of children who are illegally taken from their homes and families every
day, the concept of using these children for an unorthodox benefit might dissipate. The pre-
existing legislations that exist like Jessicas law and Megans law are all responses to control the
problem of trafficking. While creating my own recommendation that will be detailed further later
on, the intentions are to decrease the amount of abductions, inevitably decreasing the amount of
Cases
challenged the courts decision to deny his motion to dismiss the case. Both parties in the court
agreed that Evans specifically had one girl (Jane Doe) work for him as a prostitute from
December 2004 to May 2005. Evans did in fact gain profit from the actions of this girl. The
young girl was given a cell phone to communicate with customers and Evans with. Evans held
her in a hotel room and forced her to do commercial sexual work from there. During her time
under the influence of prostitution, she was hospitalized twice for the treatment of AIDS. The
reason that the court denied his motion to dismiss the charge is because his actions satisfied both
591(a)(1) and 2422(b). The case also details that because a similar precedent was brought
the court must stick to their previous precedents and keep a common balance. Justin Evans
violated two laws, incriminating him of illegal acts; both of which are explained further:
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U.S.C 591(a)(1) as knowing, or, except where the act constituting the violation of
paragraph (1) is advertising, in reckless disregard of the fact, that means of force, threats
means will be used to cause the person to engage in a commercial sex act, or that the
person has not attained the age of 18 years and will be caused to engage in a commercial
Similarly, U.S.C 2422(b) details the same criteria as the code above with slight differences.
This code says that whoever knowingly persuades someone to travel internationally or anywhere
under U.S. Territory for work (prostitution services) can be charged with a criminal offense
and imprisoned for a maximum of 20 years. With the similarity between the two federal codes, it
is explained that anyone who knowingly moves someone to another location is in fact a violation
of a legal law that prohibits the trafficking of humans. The differences between the two codes are
the specific details about if the victim is under 18 years of age, the punishment differs, and also if
the movement and influence of trafficking actions take place outside of the United States then
Existing Recommendations
Indias legislations. India is a country with many laws and efforts in place to control
such crimes, so elaborating on such enactments was necessary. Article 23 of the 1949
Constitution of India states the prohibition of traffic in human beings and forced labour; this
article is followed throughout the nation, while the Bonded Labor System Abolition Act is very
rarely implemented, causing the number of forced labor on minors, in India, to be at a constant
increase. The Bonded Labor Act requires all bonded labour systems to frees all bonded laborers
from their debt to the creditors of whom they have been working for ("Bonded Labour System
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(Abolition)," n.d.). The Indian government has shown no effort in implementing this Act since
its creation; the amount of people, and children, who are working to clear a sort of debt is still
excessively high. Additionally in India, the Immoral Traffic Prevention Act of 1956 was
passed by Indian Government legislation to control the trafficking ring (Upadhyay, 2015). This
act is a detailed working legal effect that has many aspects of sexual work included, with the
intention to prohibit every possible kind, essentially without loopholes. The judiciary has also
played a role, along with many more acts and laws passed, by passing key landmark decisions in
favor of preventing and decreasing the ring of child trafficking and human trafficking as a whole.
The tier system. The Tier Placement system is a system implemented by the U.S.
Department of State in 2003 after most countries were placed in one of three tiers or levels. In
response to the TIP (Trafficking in Persons) report that was released in June of 2016, this
system is effectively used to assess each country's involvement and response with the TVPA
(Trafficking Victims Protection Act) and dedication to maintaining a safe society regarding
children who are trafficked. In simpler words, a countrys cooperation to work with the TVPA,
places them on a higher tier, making their government more accepted and appreciated. The
amended Trafficking Victims Protection Act of 2000 detailed by the U.S. Department of State is
as follows:
(1) The government of the country should prohibit severe forms of trafficking in persons
and punish acts of such trafficking.
(2) For the knowing commission of any act of sex trafficking involving force, fraud,
coercion, or in which the victim of sex trafficking is a child incapable of giving
meaningful consent, or of trafficking which includes rape or kidnapping or which causes
a death, the government of the country should prescribe punishment commensurate with
that for grave crimes, such as forcible sexual assault.
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(3) For the knowing commission of any act of a severe form of trafficking in persons, the
government of the country should prescribe punishment that is sufficiently stringent to
deter and that adequately reflects the heinous nature of the offense.
(4) The government of the country should make serious and sustained efforts to eliminate
severe forms of trafficking in persons.
If a country is placed on the first tier, this means that their government has recognized the
problem of human trafficking, is working to create efforts to fix the problem, and follows the
four standards of the TVPA. The second tier means that the government does not fully comply
with the TVPAs minimum standards, but is making an obvious effort to comply to the best of
their ability. The third tier falls with the countries whose governments who do not fully comply
and are not making any effort or change in their legislation to fix that (U.S. DOS, "Introduction,"
2016). There is a level that a country can fall under which is a blurry line between tier two and
tier three, titled as the Tier Two Watch List. This gives governments a two-year period to make
efforts to address the problem and meet minimum standards ("Trafficking in Persons Report
2016," n.d.). A tier two watch list country can better be explained as a country who meets tier
two guidelines, in addition to having a significantly high and increasing number of victims of
severe trafficking. Additionally, watch list countries fail to provide proof that they are making
efforts, although they promised the department that they will make revisions over the following
year or two. ("Human Trafficking Tier Placement," 2014).
Megans Law. Megans Law came from the case of unethical rape and murder of an
innocent seven year old girl by the name of Megan Kanka.A bill was enacted on February 7th,
2016 by the President of the United States, titled as International Megan's Law to Prevent Child
Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex
Offenders ("Countable," n.d.). With this bill, the U.S. Marshals Services National Sex Offender
Targeting Office would provide data and information regarding child-sex offenders. The
information that would be provided due to this bill would be a notification to foreign
governments when a registered U.S. sex offender travels to the foreign country, and vise versa.
This bill is essentially being used to prevent child exploitation and other sexual crimes through
the advanced notification of a sex offenders travel route. The International Labour Organization
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has estimated that 18,000,000 children worldwide are exploited and trafficked each year so with
the data that this provides, hopefully numbers will decrease over the years. This law created
widespread public demand for community notification and awareness of registered sexual
predators living within striking distance of kids and young teens. Megans Law is the reason
behind the creation of the United States Sex Offender Registry System. ("Jessicas Law The
Jessica Lunsford Act," 2010)
Jessicas law. Jessica Lunsford was a nine year old girl who was abducted from her home
by John Couey, early February 24th, 2005. Jessica was raped and buried alive just days after her
disappearance. The man that murdered and raped this innocent girl was a sex offender who didnt
update his residence, as required in the state of Florida. (Bailey, 2013). In 2005, Jeb Bush, former
Governor of Florida, created the Jessica Lunsford Act which places a minimum prison sentence
of 25 years for anyone who preys on children younger than 12. This was created to encourage
public school systems to conduct background checks prior to hiring given that alleged suspects at
the time included sub-contracted, non-employees from Jessicas school. Currently, it is also now
a felony if someone isnt registered as a sex offender with Florida. ("Jessicas Law The Jessica
Lunsford Act," 2010) The Jessica Lunsford Act is an example of effective legislation that was
created to essentially prevent the occurrences of child trafficking. If child molesters and sex
offenders were watched and tracked not only in Florida, but in all of America, the first step of a
Possible Recommendations.
The creation and implementation of a Stranger Danger type of course within schools
would positively affect society, if done right. With the fact that the abduction of children leads to
children being trafficked, the child-protection class would focus more on the precautions of
stranger danger and abduction as whole. During an interview with Kristen Howard, the
Director of the Virginia Crime Commission, I asked her if she thought that child trafficking and
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abduction rates would decline if a "Child Safety" or "Stranger Danger" type of course was taught
nationally, throughout the school systems. In other words, I was interested in knowing if teaching
younger children about "strangers" and safety would have any impact at all? She responded with
Yes, but it is important to look at the data regarding stranger abductions and make children
aware that just because they are [being approached by a] family member, neighbor, teacher,
coach, etc. that does not mean they are "safe. With her input, the creation of a child safety
course would have to include a less-specific spectrum of information, not solely based on
knows what to do in certain situations, rather than focusing only on "stranger danger (K. J.
Howard, Personal communication, December 7, 2016). If every school, ranging from elementary
to high school, provided different versions of a child-protective/safety course, each year, students
would start to learn about the dangers of strangers and familiar dangerous people around them.
They would be introduced to this topic at a young age and would then be motivated to learn more
and more about abduction and trafficking as the years progress. If such recommendation would
be enacted, children would ignite their maturity at a young age, making the future leaders of
Conclusion
exploitation is not an increasing issue, thankfully. During the 2010 Session of the Virginia
General Assembly, the Virginia Crime Commission studied the number of criminal justice issues
connected with the problems of taking indecent liberties and prostitution-related offenses
involving children. They found that the number of prosecutions and convictions for misdemeanor
prostitution crimes has remained consistently stable over the last five years (Indecent Liberties
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and Prostitution-Related Offenses Involving Children, VCC Report. n.d.). In 2014, El Salvador
and India are placed on the second tier in relation to their compliance to the TVPA. Jamaica was
on the watch list for 2014 and has moved up to the second tier, currently in 2016, according to
the Department of State. Countries are improving and there are more and more laws that are
being implemented to ensure the safety of children all around the world. The problem of
abduction and child trafficking is still a leading problem around the world because many cases
go unmentioned, unreported, and are deemed unimportant. If children like Jessica Lunsford are
getting their lives stripped from them by sex offenders just miles away, then we as a society and
as a nation are doing something wrong. If Justin Evans was able to have Jane Doe work for him
as a commercially trafficked sexual worker for over a year without anyone finding them, then we
as a nation need to step up for the children who are taken from their families. Child trafficking is
an issue that should never be taken lightly and it is time for our nation and other nations to begin
speaking up for those who have no voice because of this dreadful crime.
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References
On The 9Th. "India Acts 1986." India THE IMMORAL TRAFFIC (PREVENTION) ACT,
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"Human Trafficking Laws & Regulations." N.p., 22 Sept. 2015. Web. 18 Nov. 2016.
"Jessicas Law The Jessica Lunsford Act." N.p., 27 Dec. 2010. Web.
Kerry, John. "Remarks at the 2016 Trafficking In Persons Report Ceremony." N.p., 30
Lopez, Jaime Armando, and Xiomara Orellana. "The Crime No One Fights: Human
Trafficking in the Northern Triangle." N.p., 04 June 2015. Web. 28 Nov. 2016.
McLaughlin, Liam. "United Nations Office on Drugs and Crime." N.p., n.d. Web. 20
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Nasr, Firas. "The 2016 Trafficking in Persons Report: An Overview." N.p., 05 July 2016.
Web.
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State, U.s. Department Of. EL SALVADOR 2013 Human Rights Report (n.d.): n. pag.
"Trafficking in Persons Report 2016: Trafficking Victims Protection Act." N.p., n.d. Web.