NOTES
Executive Summary 1. Within the TVPA, coercion is defined as “(a) threats of serious harm to or physical
4. The U.N. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
restraint against any person; (b) any scheme, plan or pattern intended to cause a per-
Women and Children is often referred to as “the Palermo Protocol” and was one of three
son to believe that failure to perform an act would result in serious harm to or physical
protocols that supplement the United Nations Convention against Transnational Organized
restraint against any person; or (c) the abuse or threatened abuse of the legal process”
Crime, Palermo, Italy, 2000.
and is distinguished from force, which involves actual physical violence or harm, restraint or confinement (TVPA, 2000). 2. The U.N. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children is often referred to as “the Palermo Protocol” and was one of three protocols that supplement the United Nations Convention against Transnational Organized Crime, Palermo, Italy, 2000. 3. Herman (1997) coined the term “complex PTSD” to describe a constellation of symptoms that can include impaired cognitive functioning, emotional dysregulation, and distorted perceptions of self, others, and perpetrators. Complex PTSD is a potential response when individuals experience complex trauma on multiple occasions or on a chronic basis. “Complex trauma” refers to severe harm that is interpersonal in nature. That is, such trauma is purposefully inflicted through the actions of another person, through sexual abuse, relationship violence, exploitation, or similar violations (Courtois, 2008; Herman, 1997).
5. As of February 2013, all 50 states and the District of Columbia also had legislation criminalizing human trafficking (Polaris Project, 2013). 6. The FLC includes visas for foreign nationals to work in the United States on a permanent (PERM) or temporary basis in agricultural (H-2A), technical/professional (H-1B), and nonagricultural labor such as forestry (H-2B). 7. For additional case examples, see the human trafficking database at the University of Michigan School of Law (http://www.law.umich.edu/clinical/HuTrafficCases/Pages/searchdatabase.aspx) and the UNODC case law database (https://www.unodc.org/cld/index.jspx). 8. Different conceptualizations of the levels are suggested by different authors. In this report we use a slightly modified version of the model proposed by McLeroy et al. (1988). 9. The term human trafficking was used by the United Nations (1949) at least since the mid-twentieth century, but no academic work using this terminology was located from before the 1990s.
Introduction and Overview 1. Within the TVPA, coercion is defined as “(a) threats of serious harm to or physical restraint against any person; (b) any scheme, plan or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (c) the abuse or threatened abuse of the legal process” and is distinguished from force, which involves actual physical violence or harm, restraint or confinement (TVPA, 2000).
10. For supplemental material, see http://www.apa.org/pi/women/programs/trafficking/ grids.pdf. 11. These two positions on prostitution roughly correspond to regulationist and abolitionist positions (Council of Europe, 2007; Kullman, 2012). MacKinnon (2011) distinguished them as the “sex work model” and the “sexual exploitation approach.” Although two diametrically opposed positions are presented here, this is not meant to imply that all scholars adhere to one position or the other.
2. The task force originally defined its scope as women and girls trafficked into, within, and from the United States. No empirical research was identified that dealt with trafficking of women and girls out of the United States to other locations. However, anecdotal information and police reports of American Indian women and girls trafficked out of the United
Measuring Human Trafficking 1. Reid (2010) pointed out that child protective services do not always code sex trafficking
States through Duluth Harbor (Koepplinger, personal communication, March 22, 2008)
of a minor in a way that would identify it as human trafficking; it may be counted as
suggest this warrants further investigation.
child sexual abuse.
3. Trafficking that does not have a U.S. nexus and trafficking of men and boys are outside of the task force charge.
2. Prostitution of minors falls within both the U.N. and U.S. definitions of trafficking. However, the issue of commercial sex involving minors when no intermediary trafficker is involved
