Forced Prostitution Prosecutions
Understanding Forced Prostitution in Law
Forced prostitution generally falls under:
Human trafficking statutes
Sexual exploitation provisions
Slavery or servitude clauses
Crimes against personal liberty or dignity
Key elements required in a prosecution typically include:
Means: Use of force, coercion, deception, threats, abuse of vulnerability or power
Purpose: Sexual exploitation
Act: Recruitment, transport, harboring, or receipt of a person
Most jurisdictions don’t require the victim’s consent to be genuine if coercion or deception was involved.
1. R v. O (2008) — United Kingdom
Facts:
A Nigerian girl (O) was trafficked into the UK under false promises of education and a better life.
Upon arrival, she was subjected to a ritual "juju oath" and forced into prostitution to repay a large debt.
She was arrested and prosecuted for immigration and prostitution-related offenses.
Judgment:
The Court of Appeal overturned her conviction.
It ruled that the State failed to identify her as a trafficking victim, and that prosecuting her violated her rights under Article 4 of the European Convention on Human Rights (prohibition of slavery and forced labor).
Significance:
This case established that victims of trafficking should not be prosecuted for crimes they were forced to commit.
Emphasized the duty of states to protect trafficking victims, not criminalize them.
2. United States v. Marcus (2010) – U.S. Supreme Court
Facts:
Glenn Marcus coerced women into BDSM-style sex acts, videotaped them, and published them online.
Victims claimed they were held in servitude through psychological manipulation, threats, and abuse.
He was convicted under the Trafficking Victims Protection Act (TVPA).
Legal Issue:
Whether the conviction could stand for acts before the TVPA became law.
Judgment:
The U.S. Supreme Court ruled the conviction partially unconstitutional for retroactive application.
However, it upheld the general interpretation that forced sexual acts under coercion or psychological control constituted forced labor and trafficking under federal law.
Significance:
Clarified that non-physical coercion, including psychological abuse and manipulation, could establish force under trafficking laws.
3. Siliadin v. France (2005) – European Court of Human Rights
Facts:
A Togolese girl (Siliadin) was brought to France and forced to work without pay for several years in harsh conditions.
Though not a case of prostitution, the judgment has been heavily cited in sexual exploitation cases.
Judgment:
The Court found that France violated Article 4 of the European Convention on Human Rights, which prohibits slavery and forced labor.
Held that domestic servitude and forced labor can occur even without direct physical restraint.
Significance:
Established a broad definition of servitude, applicable to forced prostitution cases.
Used widely to argue that consent is irrelevant when coercion, abuse of power, or vulnerability is involved.
4. Prosecutor v. Kunarac et al. (2001) – ICTY (International Criminal Tribunal for the former Yugoslavia)
Facts:
Dragoljub Kunarac and others were Bosnian Serb soldiers who ran detention centers where Muslim women were raped and forced into prostitution during the Bosnian War.
Victims were systematically abused, held in captivity, and forced into sexual slavery.
Judgment:
This was the first international tribunal ruling that defined and convicted for sexual slavery as a crime against humanity.
The tribunal found that the repeated rapes and forced prostitution were part of a systematic campaign of terror and ethnic cleansing.
Significance:
Set a landmark precedent in international law.
Affirmed that forced prostitution constitutes sexual slavery, and can be prosecuted as a crime against humanity.
Provided a legal definition of sexual slavery, which includes control over the victim's autonomy, movement, and sexuality.
5. Attorney General v. Kevin Gandy (Malta, 2006)
Facts:
Kevin Gandy was convicted of trafficking several women from Eastern Europe into Malta.
He used deception, threats, and debt bondage to compel them to work in the sex trade.
Judgment:
The Maltese court found that he had engaged in human trafficking for sexual exploitation.
Conviction was upheld on the basis that manipulation of financial vulnerability and immigration status can constitute coercion.
Significance:
Reinforced the view that debt bondage and abuse of vulnerability are sufficient grounds for establishing coercion in forced prostitution cases.
Important in shaping European understanding of human trafficking.
Conclusion
These cases illustrate the global legal consensus that forced prostitution is a serious violation of human rights and must be prosecuted under human trafficking, slavery, or sexual exploitation laws. Courts now recognize that:
Coercion can be psychological, not just physical.
Consent is invalid when obtained through abuse, threats, or deception.
Victims should not be criminalized.
Forced prostitution can rise to the level of international crimes.
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