The Super Bowl is the most watched sporting event
in the world. The commercial airtime during
the Super Bowl broadcast is the most
expensive of the year and the most popular singers and musicians have performed
during the half time show in the past. However, the Super Bowl does not only
attract its fans and viewers but also traffickers. The Super
Bowl is known as
“the single largest human trafficking incident in the United States,” as Attorney General Greg Abbott told USA Today in 2011.[1]
According to Forbes, 10,000 prostitutes were brought to Miami for the Super
Bowl in 2010 and
133 underage arrests for prostitution were made in Dallas during the 2011 Super
Bowl.[2]
This year was no exception. A multi-agency task force arrested 85 people during the
week leading up to the Super Bowl XLVII held on February 3, 2013 in New
Orleans.
Many
mistakenly conceive that the human trafficking is only an international issue.
However, the estimation of the number of victims provided by the United States
State Department suggests that the domestic trafficking of the United States is
a legitimate concern. According to the State Department, between
14,500 and 17,500 victims are trafficked into the U.S. from Asia, Central and
South America, and Eastern Europe, and many more are trafficked domestically
within the United States each year.[3]
Human
trafficking is a form of modern-day slavery. Victims of human trafficking are
subjected to force, fraud, or coercion for the purpose of commercial sex, debt
bondage, or forced labor. More specifically, in the Trafficking Victims
Protection Act of 2000 (TVPA), the Congress defines sex trafficking as “the recruitment,
harboring, transportation, provision, or obtaining of a person for the purpose
of a commercial sex act, in which the commercial sex act is induced by force,
fraud, or coercion in which the person induced to perform such act has not attained
18 years of age.”[4]
At the federal level, the
Thirteenth Amendment to the U.S. Constitution which outlaws slavery and
involuntary servitude protects the victims of human trafficking. In United
States v. Kozminski, the 1988 United States Supreme Court Case, the Court
considered whether involuntary servitude included psychological coercion within
the definition of involuntary servitude but ultimately held that it did not.[5]
However, the Trafficking Victims Protection Act enacted in 2000 expanded the
definition of coercion to include psychological coercion. Later, Congress expanded
the TVPA by allowing victims to pursue a civil action against traffickers,
relaxing the definition of human trafficking and providing rehabilitative
facilities for victims.
One
legal scholar emphasizes that the state level anti-trafficking legislation can
prevent trafficking more effectively than the federal statutory provisions mainly
for three reasons.[6] In Our
Backyard Slave Trade: the Result of Ohio’s Failure to Enact Comprehensive
State-Level Human-Sex-Trafficking Legislation, Rocha argues that lengthy and
exhaustive federal investigations often fail to prosecute traffickers. She
further states that because criminal law is a state police power, individual
states must design their own anti-trafficking legislation to address the needs
of victims within their borders. Lastly, she argues that states can enforce
anti-trafficking laws effectively by training local law enforcement officers
who are much more likely to encounter victims than federal officers.
According
to the studies done by Polaris Project, compared to 2007 when only twenty-eight states had anti-trafficking
criminal statutes, as of July 31, 2012, forty-eight states, including the
District of Columbia, have enacted anti-trafficking criminal statutes with sex
trafficking offenses.[7] This improvement suggests that many states are
responding to the growing concern of the domestic human trafficking. However,
some states such as Wyoming, have yet to pass any human trafficking law.
Because the number of human trafficking victims is only growing every year,
proper measures must be taken to eliminate it. I believe that trafficking
cannot be eliminated only by criminal enforcements. In addition to effective
criminal enforcements, federal and state governments must offer social services
and develop public awareness programs.
Minji
Ku
Blogger,
Criminal Law Brief
[1] https://www.oag.state.tx.us/oagnews/release.php?print=1&id=3202
[2] http://www.huffingtonpost.com/2013/02/03/super-bowl-sex-trafficking_n_2607871.html
[3] https://www.oag.state.tx.us/oagnews/release.php?print=1&id=3202
[4] http://www.acf.hhs.gov/programs/orr/resource/fact-sheet-human-trafficking
[5] http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=487&invol=931
[6] Priscila A.
Rocha, Our Backyard Slave Trade: the Result of Ohio’s Failure to Enact
Comprehensive State-Level Human-Sex-Trafficking Legislation.
[7] http://www.polarisproject.org/what-we-do/policy-advocacy/current-laws
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