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- Title
WHEN IS A TRAFFICKING VICTIM A TRAFFICKING VICTIM? ANTI-PROSTITUTION STATUTES AND VICTIM PROTECTION.
- Authors
BOGGIANI, MICHELE
- Abstract
Victims of sex-market trafficking are often criminalized under anti-prostitution statutes rather than protected under anti-trafficking laws. As a result, trafficking victims suffer ramifications resulting from both the exploitation of their captors and the social stigma of criminalization. The combined hardships make it exponentially more difficult for victims to overcome their past and safely reintegrate into society. This Article first identifies the sources of the double-victimization problem, including the perpetuated stereotypes regarding trafficking victims and the methods of exploitation, inadequate law enforcement training, and statutes that conflate sexmarket victims with prostitution. Having identified the source of the problem, the author proposes a solution for double-victimization including improved victimidentification training for law enforcement officers, an affirmative defense based on victim status, and improved application of expungement for those who are victims of the sex-market and the criminal prosecution system.
- Subjects
LEGAL status of human trafficking victims; SEX work laws; CRIME victims; LAW enforcement; PROSECUTION
- Publication
Cleveland State Law Review, 2016, Vol 64, Issue 4, p915
- ISSN
0009-8876
- Publication type
Article