European Journal of Crime, Criminal Law and Criminal Justice
Volume 21, Issue 3-4, 2013, Pages 247-289
Still neglecting the demand that fuels human trafficking: A study comparing the criminal laws and practice of five european states on human trafficking, purchasing sex from trafficked adults and from minors (Article)
Kelemen K. ,
Johansson M.C.*
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a
School of Law, Psychology and Social Work, Örebro University, Fakultetsgatan 1, S-701 82 Örebro, Sweden
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b
School of Law, Psychology and Social Work, Örebro University, Fakultetsgatan 1, S-701 82 Örebro, Sweden
Abstract
This article discusses the implementation of duties to reduce the market for sexual services of trafficked persons, both adults and children. The article begins by describing the duties that stem from international and European obligations. It then presents the legislation and practice of five European states (Hungary, Italy, the Netherlands, Sweden and the United Kingdom) regarding human trafficking and the purchase of sexual acts from trafficking victims. The states in the study have introduced measures to combat human trafficking by effective prosecutions and sentencing of traffickers. They have, however, taken few measures to combat demand for the sexual services of trafficked persons; in some countries, no measures at all. As all the countries criminalise the purchase of sexual acts from children below the age of 18, the article examines whether this has afforded trafficked children effective protection against sexual exploitation. One key element in the crime of purchasing sex from a minor is knowledge of the child's age. The subjective elements that states require range from strict liability (below certain ages) to negligence, and their practice also varies. The article ends by discussing the lacunae that remain before states can be said to secure trafficked persons' right to effective protection against sexual exploitation. © Koninklijke Brill NV, Leiden, 2013.
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Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-84890470112&doi=10.1163%2f15718174-21042030&partnerID=40&md5=830e2350eedcad2d49f02bc22e3deab6
DOI: 10.1163/15718174-21042030
ISSN: 09289569
Cited by: 2
Original Language: English