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Overview

The Department of Justice describes human trafficking, also known as trafficking in persons, as “a crime that involves compelling or coercing a person to provide labor or services, or to engage in commercial sex acts. The coercion can be subtle or overt, physical or psychological.  Exploitation of a minor for commercial sex is human trafficking, regardless of whether any form of force, fraud, or coercion was used.”[i]

Trafficking is often divided into labor trafficking or sex trafficking. Labor trafficking describes any type of labor or services a person is forced or coerced into. Sex trafficking includes sexual exploitation of minors and forced/coerced sexual exploitation of adults.

Trafficking is a widespread problem. Forced labor is used in many industries – farmwork, hospitality, restaurants, childcare and housework, janitorial services, and more.[ii] The person or people doing the trafficking may be:

  • Family members
  • Intimate partners
  • Employers (or people posing as employers)
  • Individuals
  • Organized groups

Traffickers frequently target people who are isolated, who have few resources, or who are in need of housing, money, drugs, or food. Trafficking often includes people who are unhoused, people in foster care/group living situations, people with disabilities, and people already engaged in underground economies.

Victims of trafficking are sometimes forced or pressured into finding other people to be trafficked.

Trafficking may be tied to other forms of violence. For example, an intimate partner may be physically abusive and also force someone to work and turn over all of their earned income;  or a trafficker may use physical violence or theft to control a victim.

Gender Policy Report created this article to clearly explain the problems with the current approach to sex trafficking in the United States.

The difference between sex trafficking and sex work

It is critical that service providers do not assume that sex work is sex trafficking. Sex work is a form of consensual labor. As with any job, people may do this type of work because they have few other economic options or may prefer this kind of employment over alternatives. Sex trafficking is sexual behavior that is forced or coerced by someone – this could be an abusive partner forcing a person to exchange sex for drugs, an organized group that trafficks minors, or a person who oversees many trafficked individuals who turn over their income to them.

In some situations, sex workers and victims of trafficking may seek similar services such as economic resources, safety planning, housing, counseling, or referrals. Sex worker rights organizations provide many critical resources to people in the sex industry and can be valuable allies to anti-trafficking organizations. Unfortunately, some anti-trafficking organizations oppose sex workers rights, and claim that all sex work is trafficking. These claims and the policy proposals that accompany them often make sex work less safe and make people more vulnerable to trafficking.

Freedom Network USA has created a guide to Recentering Sex Worker Safety.

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Trans Specific Dynamics

Increased vulnerability to violence and exploitation

Traffickers frequently seek out people or groups with fewer resources and less access to support for exploitation. Due to systemic oppression, trans/nonbinary people are more vulnerable to this form of abuse.

“Transgender and nonbinary people especially are vulnerable to exploitation: employment opportunities are slim for those identifying outside of the traditional gender binary and traffickers actively know this. For that reason, many actively seek out trans and nonbinary victims, as they know they have few alternatives to turn to.”[iii]

In the 2015 US Trans Survey, approximately 3% of respondents reported some or all of their income came from the underground economy, which includes sex work.[iv] The 2022 results are not yet available. Further, in the 2015 results, 29% of respondents reported currently living in poverty. By the 2022 report, that percentage had grown to 35% of respondents.[v] The lack of economic options and resources may lead people to seeking work that is more likely to be targeted by traffickers.

Many trans and nonbinary youth are vulnerable to trafficking if they have experienced a lack of family acceptance. Young people who have been displaced from their home may end up in more vulnerable situations – both financially and emotionally – which lend themselves to traffickers exploitation.

Violence against trans people

There is little available information about physical violence and trafficking, except the knowledge that physical violence is frequently used against trafficking victims. It is also known that physical assault is often targeted towards people who are engaged in sex work.

“St. James Infirmary’s intake data showed that among 783 sex workers, 36 percent reported sex work-related violence, with trans women at significantly higher risk of work violence, including violence perpetrated by customers and police officers.”[vi]

Increased policing and criminalization

While victims of trafficking are victims of crime, they may also be subject to increased policing and criminalization, particularly if they are forced to work in the sex or drug industries or any other underground economy. Trans people, particularly trans women of color, are also under increased police scrutiny and are often assumed to be sex workers and thus targeted for arrest or police abuse.

“In practice, anti-sex trafficking policy means greater criminalization and surveillance of people engaged in sexual economies. People trading sex already face police harassment, extortion, and abuse. This vulnerability is made much worse by the fact that the policing of sexual economies has exponentially increased due to anti-trafficking. The vital alliance between survivors and sex workers is undermined when survivors are placed in opposition to sex workers.”[vii]

When victims of crime are arrested or harassed by the police, they are less likely to seek out support for crimes they are harmed by. This includes not being safe engaging with law enforcement and extends to other services that work with or are perceived to work with law enforcement. For example, a survivor of trafficking may not disclose the trafficking to a child welfare investigator out of fear of police involvement.

Lack of trans-focused information and resources

Few service providers receive extensive training on human trafficking. When they do, that training is rarely trans specific. This can make it difficult for service providers to assist in identifying signs of trafficking with people they are working with, which will lead to trans/nonbinary survivors receiving less information and support.

Trans/nonbinary people are also less likely to seek out mainstream victim services due to transphobia and the lack of trans affirming resources. Many service providers are not prepared to serve trans people or do not make clear that they do work with trans/nonbinary people. Many trafficking services focus on women who experience sex trafficking and do not include people of other genders or other forms of trafficking. This makes it more difficult for trans survivors to find help when they do seek it out.

Barriers to stability

Trans people face many barriers to economic stability. This not only increases the risk of trafficking, but makes recovering from victimization more difficult. These barriers include:

  • Challenges with legal identification
    • Trans people may not have identification that is consistent and affirming of their name and gender markers.
  • Lack of job opportunities
    • Trans people experience high rates of employment discrimination.
  • Unmet healthcare needs
    • Trans people face challenges accessing appropriate and affirming healthcare. Health challenges can lead to difficulties maintaining employment or stable housing.

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Key Tips for Service Providers

  • Be clear about your involvement with criminal legal systems and look for solutions outside of that system.
    • Many trans/nonbinary people express discomfort with engaging with criminal legal systems. Be clear with people engaging in your services if they will be required to interact with law enforcement or courts, or if you are a mandatory reporter.
    • Ensure that services are available to people that are completely separate from any involvement with the criminal legal system. While many federal programs, such as access to financial assistance or U-Visas are tied to reports to law enforcement, service providers can work to make sure survivors have access to equivalent programs without needing to file reports.
  • Demonstrate trustworthiness.
    • There are many ways to demonstrate trustworthiness to individuals and communities. Agencies can be transparent about their services and eligibility. Individuals can show care for survivors and believe them about their experiences. Learning about trauma-informed services can help organizations demonstrate trustworthiness.
  • Recognize people may have multiple needs.
    • Survivors of trafficking will have a variety of needs. Some will want to pursue criminal or legal avenues. Some will need economic supports such as employment or housing. Others may need healing services from the harm they have experienced. Many will need or want a wide variety of supports.
    • Service providers can recognize that each individual will have different needs. For many, their focus will not be on the crime they experienced but on other aspects of their life. Take time to listen to survivors.
    • People who have been trafficked for a long period of time or forced away from their community as part of the trafficking may have complex needs related both to trauma and to activities of daily living. They may not have any paperwork or identification, they may have few job or social skills, depending on their situation.
    • For some people, safety from the trafficker will be of paramount importance.
  • Ensure services are voluntary.
    • Survivors should be able to determine for themselves what programs to participate in. Unfortunately, many survivors, particularly of sex trafficking are sent to “diversion” programs by the court system. These programs continue the exploitation of survivors by taking away their agency.
  • Use survivor-centered practices.
    • Protect privacy and confidentiality.
    • Respect the person’s autonomy and decision-making.
    • Work with the survivor to focus on their priorities and needs.
  • Learn about why, when, and how to effectively screen trans and LGBTQ+ people for trafficking from this Screening Guide.
    • Screening questions may be invasive or retraumatizing. It is important for a person to understand the purpose of screening and determine if it may have benefits for the survivor before engaging in screening.

Service providers can also support survivors of trafficking through cultural and policy changes. Providers can acknowledge and work to address additional barriers trans survivors face in getting support. This may look like ending anti-trans or anti-sex work discrimination, ensuring all people have access to identification and that lack of identification does not keep people from getting help. Ensuring that everyone has access to well-paid work, stable housing, and healthcare can also support victims of trafficking and prevent some forms of coercion or exploitation.

Decriminalizing sex work can also be of support to trafficking victims. This would keep trafficking victims from facing criminal charges or harmful interactions with law enforcement and would take away a major barrier to accessing services for many people.

Learn more about ways to support trans survivors of trafficking from the Freedom Network.

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Case Examples

JP babysat when she was a teenager and began nannying as an adult. Two years ago she started working for a family that offered her a room in their home to live in. Over time, the family required her to work more hours, restricted her access to the kitchen or other parts of the house when she was not working, and threatened to fire her if she went out at night or had people over. JP has stopped being able to maintain friendships or relationships. The family monitors her cell phone and computer use, saying that they pay for these so they should have access. They have also begun paying her less, saying that she needs to work off her housing and food expenses.

JP really loves the kids she works with. She is worried about abandoning the children and concerned she would not be able to find other employment. The family constantly reminds her that she is lucky to have work as a trans person, saying that most people would not allow her around their kids.

Discussion questions:

  1. What support would your agency be able to provide JP?
  2. What emotional support might JP need?
  3. Would your agency consider JP to be trafficked? Why or why not? What are the results of that decision?

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Statistics

There are few statistics available about the trafficking of trans/nonbinary individuals. It is generally agreed that LGBTQ+ people are at increased risk, often targeted for their economic vulnerabilities, such as homelessness or lack of employment.

Sex Trafficking of LGBT Individuals: A Call for Service Provision, Research, and Action.

Martinez O, Kelle G. Sex Trafficking of LGBT Individuals: A Call for Service Provision, Research, and Action. Int Law News. 2013 Fall;42(4):sex_trafficking_lgbt_individuals. PMID: 25342864; PMCID: PMC4204396.

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[i] U.S. Department of Justice.  What is Human Trafficking? https://www.justice.gov/humantrafficking/what-is-human-trafficking

[ii] Freedom Network USA.  About Human Trafficking.  https://freedomnetworkusa.org/the-issue/

[iii] UN Migration. LGBTQI+ Victims of Human Trafficking. https://rosanjose.iom.int/en/blogs/lgbtqi-victims-human-trafficking

[iv] James, S. E., Herman, J. L., Rankin, S., Keisling, M., Mottet, L., & Anafi, M. (2016). The Report of the 2015 U.S. Transgender Survey. Washington, DC: National Center for Transgender Equality. https://transequality.org/sites/default/files/docs/usts/USTS-Full-Report-Dec17.pdf

[v] James, S.E., Herman, J.L., Durso, L.E., & Heng-Lehtinen, R. (2024). Early Insights: A Report of the 2022 U.S. Transgender Survey. National Center for Transgender Equality, Washington, DC. https://transequality.org/sites/default/files/2024-02/2022%20USTS%20Early%20Insights%20Report_FINAL.pdf

[vi] The ‘Prioritizing Safety for Sex WorkersPolicy’: A sex worker rights andanti-trafficking initiative https://www.antitraffickingreview.org/index.php/atrjournal/article/view/382/320

[vii] What’s Wrong with the US Federal Response to “Sex Trafficking”? https://genderpolicyreport.umn.edu/whats-wrong-with-the-us-federal-response-to-sex-trafficking/

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