Sexual Offending, Prostitution, and Human Trafficking

Flashcards for reviewing the lecture notes on Sexual Offending, Prostitution, and Human Trafficking.

What is the aim of the course on Sexual Offending, Prostitution, and Human Trafficking?

To gain a proper, nuanced and multi-perspective understanding of the causes, mechanisms, dynamics, and complexity of specific (crime) phenomena such as sexual offending, prostitution, and human trafficking, as well as their interrelations and societal/criminal policy reactions.

What issues (phenomena) are selected as modules in the course?

Trafficking in human beings, Prostitution, Child sexual abuse & abuse of power or authority, Sexual exploitation of children, CSAM/CSEM & grooming, Rape, sexual assault & sexual harassment, Bestiality & animal porn, BDSM & necrophilia, Pornography, exhibitionism voyeurism, AI & robots

What is the Legal Dimension of the course?

domestic, European, international, and comparative criminal, administrative/immigration, social, and extraterritorial jurisdiction law.

What is the role of the law?

The way to shape the political reality that we want. It is about the options that the law takes that we will discuss. Often the law isn’t fine the way it is so we need to be able to see and discuss that.

What different perspectives are included?

domestic, European, international and comparative criminal, administrative/immigration, social and extraterritorial jurisdiction law.

What is the moral dimension?

sexuality morality and attitudes

What is the economic dimension?

demand and supply (elasticity) in the sexual services market

What is the corporate dimension?

corporate and chain responsibility, sectoral self-regulation

What is expected from students?

Understand/unveil the interaction between legal/regulatory frameworks and evaluative, normative, and attitudinal frameworks/discourses regarding sexuality, sexual behavior, and exploitation.

What are the teaching methods?

The integration seminar, the guided self-study and the self-reliant study activities

What form does the periodic evaluation have?

written exam with short-answer questions and open questions, balancing legal and non-legal questions

What form does the non-periodic evaluation have?

research paper

What are the instruments of the UN when it comes to trafficking?

2000 Trafficking Protocol to UN TOC Convention (= Palermo convention), 2000 Smuggling Protocol to UN TOC Convention, 1950 Convention on THB and exploitation prostitution

What are the instruments of the CoE when it comes to trafficking?

2005 Warsaw Convention on THB

What are the instruments of the EU when it comes to trafficking?

2002 FD on THB, 2004 residence permit directive for THB victims, 2011 directive on THB, repealing the 2002 FD, 2022 proposal for a directive amending the 2011 directive

What is the 1st element of the mainstream criminal law definition?

Recruitment, transportation, transfer, harbouring, subsequent reception of a person, including exchange or transfer of control over that person

What is the 2nd element of the mainstream criminal law definition?

Use is made of coercion, force or threat, including abduction, use is made of deceit or fraud, there is an abuse of authority or of a position of vulnerability, which is such that the person has no real and acceptable alternative but to submit to the abuse involved

What is the 3rd element of the mainstream criminal law definition?

Exploitation of that person’s labour or services, including at least forced or compulsory labour or services, slavery or practices similar to slavery or servitude, the exploitation of the prostitution of others or other forms of sexual exploitation, including in pornography, organ transfer or removal (for EU: not until 2011 directive)

Which actors are involved?

Police, labour and social inspection services, prosecution services, immigration services, border guards, tax administrations, city administrations, neighbourhoods, NGO’s, health and welfare sector

What constitutes movement?

recruitment, transportation, transfer, harbouring, subsequent reception of a person, including exchange or transfer of control over that person

What means are used?

coercion, force or threat, including abduction; deceit or fraud; abuse of authority or of a position of vulnerability

What is the exploitation element?

exploitation of labour or services; exploitation of the prostitution of others or other forms of sexual exploitation; organ transfer or removal

Which conventions address 'Knowing Use?'

Council of Europe 2005 Convention and the 2011 EU directive.

Who can be held liable in LIABILITY LEGAL PERSONS?

These are for commercial carriers, travel agencies, or for some countries, brothels.

What kind of liability does UN Trafficking and Smuggling Protocols offer?

criminal, civil or administrative liability

What jurisdiction does EU directive offer?

Territorial jurisdiction + active personality without double criminality.

What EU agencies deal with trafficking in human beings?

Europol, Eurojust, Frontex, JITs

Which principles does Lanzarote Convention 2007 use when it comes to bestiality

territorial jurisdiction, active personality/habitual residency, passive personality/habitual residency, on board of a ship flying the flag of a Party

Name a level in which the Distinction applies?

They are UN level: since adoption 2000 Smuggling and Trafficking Protocols to UNTOC Convention, CoE: since 2005 Convention, EU: since mid-90ies

How does smuggling work?

Smuggling is a side phenomenon of the fact that we are building a ‘fortress Europe.

Name to what it should count to as country level?

There are economic sectors where we should do the same thing

In which cases, it typically occurs for labor/ social security law?

You need to have the uniform standards on what the minimum pay is. If it’s one euro less than those agreements, they say it’s slavery.

What are the conditions for the detection of that trafficking?

We see that trafficking typically occurs within the EU for third country nationals after they have arrived here because of their unlawful status and dept bondage perspective.

Which perspectives are mandatory Rules, initial directive, and posting of workers?

initial directive, social dumping & unfair competition arguments, posting fraud, 2018 recast directive

What does the 4P paradigm stand for?

Prosecution, Protection, Prevention, Partnerships

In which cases building antitrafficking comes handy?

Building antipathy for building 4 key elements in building antitrafficking policies

In the UN it is taken in which case, elements is bad?

That trafficking is bad when it consists of the following 3 constituent elements

The non-periodic is (50%) and (limited) if so, where is the most?

important of witness testimonies

What perspectives is that is used in this module?

You need to address sexual offending, prostitution and human trafficking multi-dimensionally, multi-disciplinary, through multiple (theoretical) frames and from a multi-actor perspective.

You need to look at is from different prospectives but first is it worth into something about clients?

To look into it and there is knowledge is not entirely demanded driven

Increased Knowledge

We want policies to be more evidence based. You can only compare countries if you work with the same definition but that is still not the case so it’s very difficult.

The Swedish model criminalizes who and why?

The Swedish model criminalizes clients because sex work is always exploitative, denying the free will.

Name 3 of the conventions in the module of prostitution?

The 1950 convention on sex work and human trafficking, The Palermo protocol (2000), The UN Trafficking Protocol only targets the exploitation

why is there a lobby that disagrees?

There is a strong lobby that disagrees with this. Radical feminists for instance typically disagree because they think that prostitution always intrinsically is exploitative and that it undermines the position of women in the society.

Facts that the convention is abolitionist

Sex work itself doesn’t need to be criminalized but the philosophy is that it’s bad, it needs to disappear and that we rather get rid of sex work all together. Sex workers are victims and shouldn’t be criminalized

What does the convention meant in an ambiguous attitude towards exploitation of a person’s prostitution

Must abolitionist tone make away for an approach in which the non-coercive and non-abusive employment and organisation of prostitution involving sufficiently mature or non-minors is internationally decriminalised?

The EU are open for which Stance?

European Parliament, Resolution of 26 February 2014 on sexual exploitation and prostitution and its impact on gender equality, 7p. (Honeyball Resolution, European Women’s lobby)

Name of the Victim Frame?

Commercial sex work viewed as inherently problematic, sex workers seen as victims of coercion and exploitation, consent is impossible

Which offer is doesn't to stability?

It doesn’t offer stability to the sex workers either because the brothel owner can be prosecuted any day.

Policies of certain countries that is implemented in place

to tolerate for the ‘bona fide’ brothels but you want to be tough on the mala fide brothels. How will you distinguish the one from the other?

which is in clear the safe zone with police or clients?

That will make clear that this is a safe zone (bona fide) for police, clients etc

Legal persons

What is that we require accountability of legal persons for offenses

What can people do if don’t operate with the authorities?

It Doesn’t it offers legal security to the ones in the business. If you are a brothel owner and you are tolerated, it doesn’t help for your business because very day police can come and start enforcing the law.

With the agency frame

we do not view consensual sex work as a moral or social problem

Do have to be to bare in mind in that section in?

three main ‘frames’ (supra) to be borne in mind, there are different approaches

What was something that is been picked in different codes

Informed consent, only by adults, entitlement to refuse certain clients or acts

A clear distinction in market is?

In illegal markets? It’s possible, also in other markets to separate the ‘bad illegal’ from the ‘okay illegal’

From which approach what does essential three come from three from them?

The non problematic exploitation of sex work and exploitative situations of trafficking for the purpose of sexual exploitation

the Conclusion from the module is

Sex work and trafficking are linked but they are not the same (BUT some people see it as the same like the victim framework).

What where the readnings from child sexual abuse & abuse power?

Mothers who fail to protect their children from sexual abuse: addressing the problem of denial, Male Sexual Interest In and Offending Against Children: The Abused-Abuser Hypothesis, Sexual consent: the criminal law in Europe and Overseas

Double standards can put mothers where in where?

I’m test situations where we see that mothers play a very double role (denial of the situation, fail to protect their children against sexual abuse)

The child

‘any person below the age of 18 years’ (Art. 2, (a) EU directive 2011)

The age of sexual consent

‘age below which, in accordance with national law, it is prohibited to engage in sexual activities with a child’ (Art. 2, (b) EU directive 2011)

What three kinds of provisions you may be confronted in?

Under the limit it’s illegal, ‘Seduction’ provisions

The Single-stage vs multi-stage system

To have a certain minimum age limit then variations that for some examples if minor comes in to play too

With the good news, there something in common.

The recognition of activities between people

The residence permit directive:

It Says you must protect but need to let the people in.

Victims | effects the results are

Direct deleterious effects

The fact is most the most situation is about, The new is more?

Is about power and the fact that and it a hurt fashion because of there vulnerability

Extra familial sexual abuse?

The child focus, the point you must reach that can make any turn in contact the family from out with your children.

CSAM does show a lot of the people involved, What is this database ?

CSAM does not always show abuser abuser or facilitator often closely connected to the victims They find out who are the abusers on this platform with a very fast speed.

What more, If extra familial, internet provider and new era must be needed? to take look at?

The Internet the most can find their self being exploited to each other if you don’t know the real people.

CoE 2007 Lanzarote Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse?

A double focus on abuse and exploitation (today abuse) so it’s also relevant next module They didn’t find the truth here so it is invalid here

The fuller definitions it goes on what, With the 3 triple system?

They require both a triple criminalization ,EU definition they are very similar

Porntographic performance

A live exhibition aimed at an audience including by means of information and communication technology

Discretion EU? does the law is clear on that end or on the front?

Consisting exclusively of simulated representations or realistic images of a non-existing child involving children who have reached the age set where the images are produced and possessed by them with their consent and solely for their own private use

After that the non-punishment is an extreme bad sight

You can easily say that it is very outdated and quit shocking to read it like that evenYou try say to avoid the situation.

Commission

By the commission inserts explicitly an article stating that it was already implicitly present

Notion Knowledge CoE and EU

CoE 2005 Convention & 2011 EU THB directive | not compelling Clients knowingly using the services of trafficking. Both the CoE and EU directive were suggesting that this might be a policy option without making this compelling.

Prior studies (not always conclusive)They said if their problems with people if that what is true.

they try the look through it when they have certain type or disorders. With a certain help is very hard to see

Even if they’d didn’t go they were there most then anything as if help out in there career:

For instance a pianist teacher for the little or any child they are in touch for his work

Groominh

An intentional conduct of a proposal, by means of ICT, by an adult to meet a child who has not reached the age of sexual consent for the purpose of committing any offences referred to [engaging in sexual activities with a child & production of child porn], where this proposal was followed by material acts leading to such a meeting

The 28 what is done for what is to be proposed or the state more what has lead too?

After the 2022 COM the commission come make a proposal if you want to get more what does say.

Are what they must know what does help out to make you help those thing in more cases.

the thing is then about more to make and do and be help and learn more on other things that are done

At these points in times, with many thoughts

The move for a few but the major number or things are still all the same now

It put these what more then we didn’t learn about this

They want more know how the internet has all the most of the say because of these points

the article is that the more they touch each other one to each then what more to the is lead to what happens on the body too.

a.engaging with a woman in any non-consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object

The question more then is who is and want, support?

That isn’t going to be the only one because that going tell then the kids can say they have support

Then at a few where for the most but don't you feel where more a lot now and a few in times it is

Them been a well thing because how everything is and works but for those too