Laws and Notable Events
The Mann Act of 1910
This law, passed in 1910, is formally known as the White Slave Traffic Act. It is referred to as the Mann Act because of its author, Rep. James R. Mann. The main purpose of this law when it was passed was to battle prostitution, however in recent years critics say it has been used for political blackmail and persuasion. This broad application was made possible in part by the very loose language of the law, such as when it says it is a crime to transport “any woman or girl” across state or foreign borders for “immoral purposes”. With language as broad and undefined as “immoral purposes”, this law does not do much to help the issue of human trafficking, other than to simply question the transportation of women across borders.
Racketeer Influenced and Corrupt Organizations Act
Civil Asset Forfeiture Reform Act of 2000 (CAFRA)
This law establishes procedures to follow when discussing the forfeiture of land. It “Places the burden of proof, in an action brought under any civil forfeiture statute for the civil forfeiture of any property, on the Government to establish, by a preponderance of the evidence, that the property is subject to forfeiture.” So in other words, if the law enforcement has proof that the owners of a property or land committed an action that violated a civil forfeiture statute, then said property or land is subject to be taken away. While it may not seem like this law applies to human trafficking, it does so indirectly by labeling certain actions as punishable by law, such as an owner being aware of shady going-ons happening on their property. This might look like a hotel/motel owner noticing some suspicious activity in certain rooms, but turning a blind eye to it because they are making money. Actions like that would be punishable under this law.
Victims of Trafficking and Violence Protection Act of 2000
The goals of this act, passed on Oct. 28, 2000 can be separated into three different groups: prevention, protection, and prosecution. In terms of prevention, it authorizes government officials to work with other countries as they try to battle human trafficking as well as aid them in drafting laws to do such, and initiates endeavors in awareness-raising, research, and creating programs for trafficking victims. For protection of victims, it provides assistance to a broader range of victims (some had previously been ineligible for government assistance). For victims who are not US citizens and cooperate in investigations, it allows the establishment of non-immigrant status. This law also acts to strengthen efforts to prosecute traffickers and exploiters by creating new crimes on trafficking and re-defining human trafficking, or modern slavery, to include various aspects that its legal definition hadn’t before, such as the fact that sex trafficking is coerced by force, fraud, or coercion.
The PROTECT Act
This law was passed on April 30, 2003 and its acronym PROTECT stands for “Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today”. This law has more to do with the protection of children from abuse and exploitation than human trafficking specifically, but is still a part of helping to combat the industry. Within this act, a series of provisions were made in an effort to strengthen the protection of children. These include stronger laws to battle child pornography, the establishment of the national “Code Adam” and “Amber Alert” systems, the elimination of the statutes of limitations for child abduction or abuse, as well as the authorization of imprisonment for up to 30 years for citizens or residents of the US who engage in illicit sexual conduct abroad, with or without the intent of partaking in said conduct.
The Customs and Facilitations and Trade Enforcement Reauthorization Act of 2009
This act amended the 1930 tariff to include to include goods which were made by victims of human trafficking, such as in the forced labor sector, as well as goods made through the use of coercion. While this isn’t a law further criminalizing the selling of humans, it is helpful in combating human trafficking in that the goods made by people who have been trafficked cannot be shipped into the US. If there is no consumer, then it tears down the business of making the products.
U.S. Code, Title 22, Chapter 78
This law went into effect on January 3, 2012 and its purposes, as stated by the act itself, are “to combat trafficking in persons, a contemporary manifestation of slavery whose victims are predominantly women and children, to ensure just and effective punishment of traffickers, and to protect their victims”. Among the provisions included by this act are the establishment of a task force to monitor and combat trafficking, protection and assistance for victims of trafficking, research on domestic and international trafficking in persons, additional activities to monitor and ocmbat forced labor and child labor, and the prevention of future trafficking in the US by receiving complaints abroad.
Super Bowl XLIX Sting
The Preventing Sex Trafficking and Strengthening Families Act
This act requires child welfare systems to improve their response to sex trafficking by screening and identifying youth who are sex trafficking victims or those who are at risk for sex trafficking, provide appropriate services to youth who experience sex trafficking, report missing children to the National Center for Missing and Exploited Children, and develop protocols for locating missing or runaway children and determine what circumstances they faced while away from care. It also establishes new licensing standards for foster homes and child care institutions to permit the use of the reasonable and prudent parent standard, which refers to the individual/institution’s ability to maintain health, safety, and the best interest of the child. This act also established the National Advisory Committee on the Sex Trafficking of Children and Youth in the US, which advises on how to strengthen the country’s policies on the sex trafficking of minors.
