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  • Wetenschappelijke Artikelen
  • 2016
Resultaten 1 - 8 van totaal 8 resultaten
  1. Taal Engels Britteny Pfleger Britteny Pfleger, Syntax or Experience: What Should Determine If Sex Trafficking Qualifies as a Crime of Violence?, 81 Mo. L. Rev. (2016) Available at: http://scholarship.law.missouri.edu/mlr/vol81/iss4/19 Intro ...

    Britteny Pfleger, Syntax or Experience: What Should Determine If Sex Trafficking Qualifies as a Crime of Violence?, 81 Mo. L. Rev. (2016)Available at: http://scholarship.law.missouri.edu/mlr/vol81/iss4/19Introduction by author:The residents of Lebanon, Missouri, a small town in the southern part of the state, certainly did not believe their kind, generous neighbors were in fact sadistic slave owners.1 Yet such brutality existed, lurking beneath one such family’s gentle and caring façade.2 In what was later described as the most horrific case of sex trafficking ever prosecuted in the state, a resident couple housed a mentally deficient runaway teenage girl with a troubled past and forced her to sign a never-ending sex-slave contract.3 “Master Ed” branded his victim with a bar code tattoo, marking her as his property, and forced her to have sex with him and several “customers.”4 Over the next six years, Master Ed subjected the girl to waterboarding, electrocution, and beatings.5 He repeatedly threatened his victim with a gun, exhibiting his ability to kill her if she did not comply.6 The trafficking was not discovered until 2009, when the victim went into cardiac arrest after one of Master Ed’s torture sessions, resulting in her hospitalization and emergency treatment.7 While the circumstances in the Lebanon case were especially horrific, the practice of sex trafficking is not unique. The National Human Trafficking Resource Center (“NHTRC”) reported 4136 cases of sex trafficking in the United States in 2015,8 including 155 cases in Missouri between 2013 and 2015.9 To combat these alarming statistics, Congress enacted the Trafficking Victims Protection Act (“TVPA”) in 2000 to “ensure just and effective punishment of traffickers.”10 The TVPA criminalizes the trafficking of people in the commercial sex industry by force, fraud, or coercion.11 A conviction under this statute subjects a defendant to a minimum of fifteen years in federal prison.12 Separately, Congress authorized federal prosecutors to charge defendants who possess a gun while committing a “crime of violence” under 18 U.S.C. § 924(c).13 A conviction under this statute is punishable by at least five years, served in addition to the underlying crime of violence.14 To convict a defendant under § 924(c), prosecutors must show (1) the defendant possessed or used a gun in the commission of his or her crime and (2) the crime committed is characterized as a “crime of violence.”15 Prior to 2015, federal courts agreed the sex trafficking of minors was a “crime of violence.”16 however, in August 2015, the U.S. Court of Appeals for the Fourth Circuit went against this trend, declaring sex trafficking of an adult victim not to be a crime of violence.17 This Note analyzes the Fourth Circuit’s opinion in United States v. Fuertes, ultimately concluding that, contrary to the decision in Fuertes, sex trafficking should be considered a crime of violence under 18 U.S.C. § 924(c). Part II of this Note details the acts of German Ventura, a defendant charged with sex trafficking and possession of a gun during a crime of violence. Part III explores the purpose of § 924(c) and courts’ interpretations of “crime of violence”; it then considers federal circuit courts’ bases for finding sex trafficking under the TVPA to be a violent crime under a variety of statutes. Part IV summarizes the Fourth Circuit’s decision to depart from established precedent. Part V scrutinizes the court’s theory that sex trafficking cannot be a violent crime, ultimately resolving that, while sex trafficking should be considered a crime of violence, Congress must change the statute to expressly reflect the violent nature of sex trafficking.

    Publicaties

    • Wetenschappelijke Artikelen
    • United States of America
    • Britteny Pfleger
    • Sex Trafficking
    • Crime of Violence
    • Engels
  2. Taal Engels Sandra Wann University of Houston-Clear Lake Wann, Sandra, M.A., UNIVERSITY OF HOUSTON-CLEAR LAKE, 2016, 110 pages; 10307926 Use the link below to access the full text PDF of this graduate work: http://gradworks.proquest.com/103 ...

    Wann, Sandra, M.A., UNIVERSITY OF HOUSTON-CLEAR LAKE, 2016, 110 pages; 10307926Use the link below to access the full text PDF of this graduate work:http://gradworks.proquest.com/10307926.pdfAbstract by author:Human trafficking has recently risen to become the second largest organized crime world-wide. Also, commonly referred to as "modern day slavery," this international crime exposes our inherent criminal justice issues due to linkage blindness and the marginalization of victims. The problem is not the absence of laws, but rather a systemic breakdown in basic communication among those entrusted with the duty to protect and serve. Law enforcement apprehends and the criminal justice system prosecutes the victims of this heinous enterprise instead of pursuing justice on their behalf. The marginalization of the victims of this horrific crime further serves to compound the misery suffered by those unfortunate enough to be caught in the snare of modern day slavery, which plaques our globe and threatens our humanity. Although human trafficking includes trafficking for forced labor, trafficking in commercial sexual exploitation of children in tourism, and trafficking in organs, this paper will focus on trafficking in women and children for sexual exploitation.  

    Publicaties

    • Wetenschappelijke Artikelen
    • United States of America
    • Sandra Wann
    • University of Houston-Clear Lake
    • Sex Trafficking
    • Engels
  3. Taal Engels Paul O Bello Adewale A Olutola Abstract by authors: This article evaluates the current community-policing initiative in response to human trafficking in South Africa. Though community policing is evident in policing operations i ...

    Abstract by authors:This article evaluates the current community-policing initiative in response to human trafficking in South Africa. Though community policing is evident in policing operations in the country, in recent times it has practically lost its face value and somehow has become unconvincing, particularly in response to human trafficking. Despite its global construction, human trafficking has been a resonating problem in South Africa. Its impacts have generated a myriad concerns, most of which revolve around the ineffectiveness of current policing tactics in combating its scourge. Profoundly, human trafficking often flourishes where there are gaps in social control especially due to asymmetric relationships between the police and the public in a dynamic milieu. This article is drawn from an analysis of a broader doctoral study on examining human trafficking and the response of the South African criminal justice system, and it utilises the mixed methods approach. Findings from this study suggest that for an effective or result-oriented approach, current community-based counter-trafficking strategies in South Africa need to be reviewed to embrace and reflect the true ideals of community policing initiatives.

    Publicaties

    • Wetenschappelijke Artikelen
    • South Africa
    • Paul O Bello
    • Adewale A Olutola
    • Human trafficking / trafficking in persons
    • Engels
  4. Language English 1 read Simon Hedlin Simon Hedlin, Can Prostitution Law Reform Curb Sex Trafficking? Theory and Evidence on Scale Substitution, and Replacement Effects, 50 U. Mich. J. L. Reform 329 (2016). Available at: http://repository.law.umich.edu/mjl ...

    Simon Hedlin, Can Prostitution Law Reform Curb Sex Trafficking? Theory and Evidence on Scale Substitution, and Replacement Effects, 50U. Mich. J. L. Reform 329 (2016).Available at: http://repository.law.umich.edu/mjlr/vol50/iss2/3By author: Sex trafficking, a pervasive problem in many parts of the world, has become increasingly salient to policymakers and the general public. Activists, politicians, and scholars continue to engage in debates about how best to curb it. This Article discusses one especially contentious dimension of these debates: does banning prostitution reduce sex trafficking? Or is legalizing prostitution the optimal approach? Or is there a third, better way? Proceeding both theoretically and empirically, this Article seeks to cast light on the relationship between different types of prostitution laws and the prevalence of sex trafficking and human trafficking. It attempts to make three contributions to the literature. First, it builds on existing theories of the link between the demand for purchased sex and the supply of sex-trafficking victims to create a simple ordinal measure of prostitution laws. This measure, which the Article dubs the Prostitution Law Index (PLI), captures not only whether prostitution overall is legal or illegal, but whether buying sex is legal or illegal and whether selling sex is legal or illegal, which better reflects the actual cross-country variation in prostitution laws. The PLI takes into account scale, substitution, and replacement effects in the market for prostitution, where scale refers to increases in the prevalence of trafficking that are caused by growth of the overall market for prostitution; substitution to decreases in trafficking caused by current consumers who purchase sex with trafficking victims and, based on the risk of criminal sanction, shift to instead purchasing sex with individuals who voluntarily sell sex, thereby crowding out trafficking victims; and replacement to decreases in trafficking caused by new voluntary sellers of sex who, incentivized by changes in prostitution laws, enter the market and crowd out trafficking victims. The PLI ranks prostitution laws across countries on a four-point scale (from 1 to 4), based on their expected effectiveness (from least to most effective) in reducing sex trafficking. Second, the study uses a recent dataset provided by the European Union to map the statistical relationship between PLI scores and prevalence of sex trafficking, based on the Article’s theory of scale, substitution, and replacement effects. The analysis suggests that there generally is an inverse relationship between a country’s PLI score and the prevalence of trafficking in that country. Greater legislative efforts to reduce scale and to increase substitution and replacement appear, on average, to be associated with lower levels of sex trafficking. Third, the Article presents a basic Difference-in-Differences analysis—on the basis of extremely limited data and thus with an unusually large number of caveats— of Norway’s 2009 prostitution law reform. Tentative results indicate that the Norwegian reform, which made it legal to sell but illegal to buy sex, may potentially have helped reduce the prevalence of trafficking there. 

    Publicaties

    • Wetenschappelijke Artikelen
    • European Union
    • Simon Hedlin
    • Prostitution
    • Sex Trafficking
    • Engels
  5. Taal Engels Christina Bloem MD MPH Rikki E. Morris DO and Makini Chisolm-Straker Abstract Given the significant global burden of human trafficking, the ability of clinicians to identify and provide treatment for trafficked persons is critic ...

    Abstract Given the significant global burden of human trafficking, the ability of clinicians to identify and provide treatment for trafficked persons is critical. Particularly in conflict settings, health care facilities often serve as the first and sometimes only point of contact for trafficked persons. As such, medical practitioners have a unique opportunity and an ethical imperative to intervene, even in nonclinical roles. With proper training, medical practitioners can assist trafficked persons by documenting human trafficking cases, thereby placing pressure on key stakeholders to enforce legal protections, and by providing adequate services to those trafficked.

    Publicaties

    • Wetenschappelijke Artikelen
    • International
    • and Makini Chisolm-Straker
    • Christina Bloem
    • MD
    • MPH
    • Rikki E. Morris
    • DO
    • Conflict areas
    • Health care
    • Ethics
    • Human trafficking / trafficking in persons
    • Engels
  6. Taal Engels Maite Verhoeven Abstract:   Representations of the sex industry as a nest for involuntary sex work and exploitation shape the answers governments formulate to regulate the industry. In the legalized sex industry of the Netherlan ...

    Abstract: Representations of the sex industry as a nest for involuntary sex work and exploitation shape the answers governments formulate to regulate the industry. In the legalized sex industry of the Netherlands, additional regulations and measures have been implemented recently to expand control and to prevent human trafficking. Increasing criticisms however claim that stricter control of the sex industry is not always in favor of the people concerned. This article uses symbolic interactionism to explore the meanings sex workers ascribe to their situation, to their work, and to the government’s interventions. The article addresses an example of a recently introduced anti-trafficking measure: the mandatory intake of people who want to work in the sex industry, meaning a face-to-face conversation with the authorities. This intake should inform sex workers and provide the local authorities with the possibility of identifying signs of trafficking, which can lead to work restrictions. However, interviews with sex workers show that the government’s intentions to offer help and protection for sex workers can mean control, discrimination, and work restrictions. Whereas the government wants to preclude possible victims of human trafficking from working in the sex industry, sex workers perceive their situation as a possibility to improve their lives. As a consequence, they withhold information about pimps and boyfriends from the authorities, or move to work in other cities, and sparingly use the assistance offered by the authorities.

    Publicaties

    • Wetenschappelijke Artikelen
    • Netherlands
    • Maite Verhoeven
    • Sexual exploitation
    • Sex work
    • Government Policy
    • Engels
  7. Language English 1 read Shana M. Judge and Blake Boursaw ABSTRACT In this study, we addressed the need for empirical research on human trafficking by compiling unique data relating to criminal charges filed in federal judicial districts and using these da ...

    ABSTRACTIn this study, we addressed the need for empirical research on human trafficking by compiling unique data relating to criminal charges filed in federal judicial districts and using these data to examine trends in sex trafficking-related cases, as well as the impact on those trends of the Trafficking Victims Protection Act of 2000 (TVPA). Results from our regression models indicate that the proportion of all charges filed by federal prosecutors that involved sex trafficking and related cases increased significantly between 1994 and 2007. The rate of increase, however, slowed in the time period following the passage of the TVPA, suggesting that the TVPA may have helped to mitigate increases in new cases. In addition, our results show statistically significant inverse relationships between immigration and sex trafficking-related charges filed, providing new evidence to support the possibility that some sex trafficking-related cases may be being prosecuted as immigration cases instead.

    Publicaties

    • Wetenschappelijke Artikelen
    • Verenigde Staten van Amerika
    • Shana M. Judge and Blake Boursaw
    • Human trafficking / trafficking in persons
    • Engels
  8. Language Dutch 3 reads Dominique Boels UGent ABSTRACT Los van morele opvattingen rond prostitutie, toont wetenschappelijk onderzoek aan dat prostitutie soms verweven is met criminaliteit. In het geval van uitbuiting en mensenhandel wordt vaak de link gele ...

    ABSTRACTLos van morele opvattingen rond prostitutie, toont wetenschappelijk onderzoek aan dat prostitutie soms verweven is met criminaliteit. In het geval van uitbuiting en mensenhandel wordt vaak de link gelegd met georganiseerde criminaliteit: criminele organisaties, groepen of netwerken worden verondersteld de handel in vrouwen te organiseren. In deze bijdrage vragen we ons aan de hand van een casestudie te Gent af welke niet-legale activiteiten aanwezig zijn in de prostitutiesector, in welke mate er sprake zou kunnen zijn van georganiseerde criminaliteit en hoe de lokale overheden deze fenomenen aanpakken. Zonder een exhaustief overzicht te willen bieden, identificeren we op basis van analyse van gerechtelijke dossiers en interviews met prostituees en sleutelfiguren sociale fraude en uitbuiting als belangrijke niet-legale activiteiten in de prostitutiesector. Een aantal zaken bemoeilijken de formulering van duidelijke uitspraken over de relatie tussen deze fenomenen en georganiseerde criminaliteit. De aanpak van wantoestanden in de sector blijkt hoofdzakelijk gericht op repressie en in mindere mate op preventie. Verder merken we dat de aanwezige lokale hulpverlening aan sekswerkers voornamelijk om medische redenen wordt gebruikt, en minder om wantoestanden aan te pakken.

    Publicaties

    • Wetenschappelijke Artikelen
    • België
    • Dominique Boels UGent
    • Mensenhandel
    • Seksuele uitbuiting
    • Gedwongen prostitutie
    • Nederlands