Human Trafficking Defined

Human trafficking is a broad term used to describe many experiences. Notably, there are two categories of trafficking: Labor and Sex trafficking. In these main categories, there can be intersection where someone is a victim of both. For example, a domestic worker being forced to cook, clean, and do childcare for no money may also be subject to sexual violence such as rape. You’ll note that sex trafficking is also broken into sub-categories, which is the way in which legal definitions and crimes are distinguished between cases involving adults versus minors.

 
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Let’s break this down a bit more, and talk about how federal law defines what qualifies as human trafficking. Click here for downloadable handout.

What qualifies as “human trafficking”? 

The “What”, “How”, and “Why” of Human Trafficking:

 
 

There has to be at least one thing from each category for the issue to be considered trafficking.

For example…

WHAT: Let’s say someone recruits their cousin to become a waiter. This is the “what”. 

HOW: However, they recruit their cousin by telling them lies - they told them they will be paid minimum wage and be given a nice place to stay. This is the “how” (how they did the recruiting). 

WHY: And, we find out later that they recruited their cousin (and lied to them, which is fraud) so that they could have cheap/free labor – the “why”.

What if we’re talking about a youth under the age of 18? Then...

IF we’re talking about a youth under the age of 18, the big thing to note here is that the middle column (the MEANS or “HOW” column) completely goes away if a youth is the one performing a sex act (CSEC). This is because someone under the age of act cannot give consent to sex. 

 
 

The 3 MEANS

Let’s take a closer look at the three ways in which “MEANS” can be interpreted, when we’re thinking about how someone might experience trafficking. 

The different types of “MEANS” include: FORCE, FRAUD, and COERCION. 

Example: Even if a 15 year old girl says she is performing sex acts “on her own” without the help of a pimp – it is still considered trafficking because she cannot legally consent.