Trafficking Victims Protection Reauthorization Act

The Trafficking Victims Protection Act (TVPA) enacted in 2000 is aimed at combating trafficking in persons, whose victims are predominantly women and children, to ensure punishment of traffickers and to protect its victims. While this law has strengthened anti-trafficking measures, it has also proven to be a difficult tool particularly in the prosecution of sex trafficking cases because of the proof requirements of “force, fraud and coercion.” Many victims of trafficking have been lured, deceived or coerced into sexual or labor servitude. Many victims of trafficking know their traffickers. Proving that “force, fraud and coercion” was used at any given time or at all times of trafficking victims’ labor or sexual servitude is ineffective in prosecuting trafficking cases. This “force, fraud, coercion” requirement poses a significant burden on victims, who are often reluctant to testify for a number of reasons, including fear or mistrust of law enforcement, threats by traffickers to harm them or their families or traumatic bonding with their captors. The proof of “force, fraud and coercion” is so onerous for federal prosecutors, that less than 70 sex trafficking cases have been successfully prosecuted since the TVPA was passed.

Owing to this and other inadequacies under the TVPA and because its funding provisions are expiring, new legislation, the William Wilberforce Trafficking Victims Protection Reauthorization Act (H.R. 3887) aimed at strengthening the TVPA is making its way through Congress. On December 4, 2007, the House of Representatives overwhelmingly passed H.R. 3887 (405 to 2), which strengthens the TVPA as it incorporates language from the federal Mann Act that criminalizes anyone who transports a person across state lines for purposes of prostitution, making it much easier to prosecute sex trafficking cases. The Mann Act language would lower the burden of proof by just showing that the individual “persuaded, induced or enticed” a person into prostitution "in or affecting interstate commerce." The Trafficking Victims Protection Reauthorization Act (TVPRA) also includes provisions that make sex tourism a crime and provides trafficking victims increased protection and services.

It is now up to the Senate to pass H.R. 3887. In January 2008, Equality Now in collaboration with the Coalition Against Trafficking in Women (CATW), The Feminist Majority, and the National Organization for Women (NOW) wrote a joint letter (PDF 228K) to Senator Joseph Biden and Senator Sam Brownback, reported co-sponsors of the anti-trafficking reauthorization bill, urging each of them to pass the Wilberforce Act as soon as possible. In June 2008, Equality Now in collaboration with the New York State Anti-Trafficking Coalition wrote a joint letter (PDF 164K) to New York State Senator Charles Schumer, urging him to introduce amendments to strengthen the Senate version of the TVPRA. Also in June, Equality Now’s President, Jessica Neuwirth, presented a testimony on the TVPRA before the New York City Council.
Also see Equality Now Executive Director Taina Bien-Aimé’s column on the reauthorization of the TVPA, which was published in the Huffington Post on July 15, 2008. Additionally, Ambassador John Miller (former ambassador on human trafficking for the US State Department) wrote a powerful op-ed in the New York Times (July 11, 2008), criticizing the Justice Department for obstructing progress towards ending sex trafficking and helping its victims including opposing the Wilberforce Act.

TAKE ACTION! Please contact the offices of Senators Biden and Brownback and your own State Senator(s) urging them to help end human trafficking by prosecuting and punishing traffickers and protecting trafficking victims by introducing and supporting H.R. 3887.

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