Re-Trafficked Victims: How a Human Rights Approach Can Stop the Cycle of Re-Victimization of Sex Trafficking Victims

I. INTRODUCTION Eighteen-year-old Anu grew up in a small village in an underdeveloped country, the oldest daughter in a very poor family.1 When Bellina, a family friend, offered her a job as a maid in Europe she took it to provide for her family. To her surprise, when she arrived in Europe her "employer" forced her to work as a prostitute to repay the cost of the trip and her living expenses. The trafficker collected any money she made, effectively binding her in servitude until she paid off her ever-increasing debt. Anu was trapped-afraid to leave because of threats to her and her family, without her travel documents, and terrified to go to the police because they were corrupt in her home country. After two years of servitude, the police raided her house and arrested her and other trafficking victims as prostitutes. She was held in an immigration detention center, since she did not have correct documentation. When the police interviewed Anu, she was very cautious and did not reveal much information because she feared the police and retribution to herself and to her family. The police suspected that she might be a victim of human trafficking, but because Anu was too afraid to help with an investigation or prosecution, especially testifying in trial, she was quickly deported back to her home country without any aid or counseling. When she returned home, Anu not only faced all the same problems that had placed her at risk before she was trafficked, but she also had new concerns. She returned with no money, and had not been able to send money home as she had promised. As a result, she faced mockery from the village and the anger and disappointment of her family. Soon after her return, Bellina, who was still a family friend, demanded repayment of the debt that Anu had not been able to repay. She was too ashamed to tell her family what happened. She secretly went for counseling at a shelter until a member of her village saw her walking out of the shelter and told the town. As a result, the town labeled her a "prostitute" and ostracized her and her family. Distraught, Anu realized that she had no way to pay off her debt. She could not get a job and would never be able to marry because of the stigma attached to her. After being at home for five months Anu became desperate and accepted another offer of overseas work, only to be trafficked yet again. Re-trafficking or re-victimization, such as Anu's story, has become a "wide-spread phenomenon,"2 despite the increasing prevalence of human trafficking laws both internationally and domestically.3 This is because the trafficking laws largely focus on crime control rather than on victims' rights.4 As a result, the few victims who are identified as such are potentially used by law enforcement as sources of information, without regard to their status as victims of severe human rights abuses.5 Victims not able or willing to help law enforcement are often prosecuted, deported without concern for their safety, and denied victim services.6 This failure to be treated as a victim and receive support causes many victims to be re-trafficked.7 It is necessary to view human trafficking primarily as a human rights issue to protect victims of human trafficking from being revictimized. A human rights approach focuses on the victim of the crime as a person whose rights have been violated as opposed to a criminal justice approach, which focuses on punishing the perpetrator of the crime. A human rights approach values the victim first and addresses the criminal justice issues second. This approach recognizes the importance of criminal measures, but only as a secondary means of protecting victims. This Note discusses the problems with how the international community treats human trafficking and suggests some human rights focused solutions to those problems. It first addresses the general aspects and patterns of trafficking, including the challenges facing victims of human trafficking after they have been rescued. …