What Is Human Trafficking and How Does It Differentiate from Human Smuggling? - Human Trafficking is the illegal exploitation of an individual, most commonly for labor or commercial sex.
- Human trafficking primarily encompasses two categories – sex trafficking and labor trafficking. Both categories exhibit similar key elements, however, there are factors that distinguish the two:
- Sex Trafficking is defined in VA Law as the act of encouraging, recruiting, or in any way causing a person to engage in sexual intercourse “with the intent to receive money or other valuable thing or to assist another in receiving money or other valuable thing” (VA Code § 18.2-357.1 Subsection A). This can also include doing so “through the use of force, intimidation, or deception” (VA Code § 18.2-357.1 Subsection B).
- Force, fraud, or coercion is not required in cases where the victim is a juvenile.
- Labor Trafficking is defined in VA Law as using force, fraud, or coercion to “obtain the labor or services of another person” or to transport, hold, or take a person to subject them “to forced labor or services” (VA Code § 18.2-47 Subsection B). Labor Trafficking also includes receiving money or something of value resulting from a victim’s forced labor (VA Code § 18.2-356 Clause III).
- In contrast, human smuggling pertains to crimes against the borders such as a consensual agreement to gain illegal entry into a foreign country.
- Human smuggling can turn into human trafficking if the individual’s freedom is withheld upon arrival.
Defining Elements of Human Trafficking: - Key Elements:
- Traffickers will utilize force, fraud, or coercion to gain control of victims.
- Examples:
- Force – drug addiction, assault, rape/sexual assault, burning, etc.
- Fraud – withholding wages, false promises, fake romantic relationships, etc.
- Coercion – deportation threats, threats of serious harm, confiscation of identification documents, intimidation, humiliation (blackmail), control of daily life, etc.
- Demographics:
- Anyone can be a victim of human trafficking. The following descriptors do NOT increase or decrease the likelihood of risk: age, race, gender identity, sex, ethnicity, nationality, and immigration status.
- Vulnerabilities:
- Psychological and/or emotional vulnerability
- Economic hardship
- Lack of a social support system
- Physical Indicators:
- Absence of ID or travel documents
- Frequently at hotels
- Discreet injuries
- Living with their employer
- Unfamiliar with the area or surroundings
- Unfamiliar with names of acquaintances
- “Branding” tattoos – often intentionally placed in visible locations
- Behavioral Indicators:
- Inability to freely contact friends or family
- Inability to speak for themselves
- Reclusive from a support system
- Runaway status
- Constant supervision/surveillance
- Resistance to contacting or communicating with law enforcement
- Online Recruitment
- Mobile applications are utilized for recruitment due to the ease of access to victims, particularly minors, and their ability to remain anonymous.
- Messaging apps
- Gaming apps
- Social Media
Virginia State Police Human Trafficking Hotline Offers Two Methods to Report Tips - Text: Send a text to 847411 with “VSP” followed by the tip.
- Messages are anonymous. VSP may contact you regarding your tip to obtain more information. If the information you possess concerns a person (or yourself) in imminent danger, contact 911 or #77 to report that information.
- Online: Submit an Anonymous Tip Online
- Include
- Location(s)
- Date(s) & Time(s)
- Name(s) of involved individual(s)
- Specific action(s) witnessed
- Contact information if willing
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