~ introduction ~
AIM
>> to gain a proper, nuanced and multi-perspective understanding of the causes, mechanisms,
dynamics and complexity of a cluster of specific (crime) phenomena, i.e. sexual offending, prostitution
and human trafficking, as well as of their interrelations and of societal and (criminal) policy reactions
thereto
ISSUES
>> trafficking in human beings • legal approaches and policies | phenomenon and dynamics •
prostitution & sex work • legal approaches and policies | phenomenon and dynamics • child sexual
abuse & abuse of power or authority • sexual exploitation of children, CSAM & grooming • rape,
sexual assault & sexual harassment • bestiality & animal porn, BDSM & necrophilia • pornography,
exhibitionism voyeurism • AI & robots
>> neutral perspective and look whether criminalisation is necessary. international level is often to
criminalise things, because it is easier to find legitimation for criminalisation.
f.e. 3D-generated children : is it necessary to criminalise these virtual images. there is a difference.
legislators don't differentiate as if it is the same. >> is this proportionate? one of them is worse than the
other, but they don't differentiate.
- punishment of an idea of having sex with children
>> penal law : the last thing to be used. often penalists don't believe in criminal law. moral grounds are
the worst grounds to have criminalisation. there has to be “real harm”, just being shocked is not
enough to criminalise.
~ SELECTED ISSUES : sexual offending, prostitution & human trafficking - -1-
,f.e. 1 out of 6 girls have experienced abuse in their life.
LEGAL DIMENSION
>> typically european and international level, less about domestic levels
>> administrative law, criminal law, labour law, …
f.e. children’s rights : by protecting them also taking away their right to sexuality
ECONOMIC DIMENSION
>> child labour, sex workers, …
CORPORATE DIMENSION
>> corporations can be actors for cheap labours or trafficking of human beings often committed by
corporations, often involved.
~ SELECTED ISSUES : sexual offending, prostitution & human trafficking - -2-
,-1- trafficking in human beings
◊ principal legal instruments — three policy levels : UN, CoE, EU, … each level has a core
instrument. f.e. UN TOC Convention, Warsaw Convention on THB, directive on THB
>> trafficking and smuggling are two different things, while legislator often put them together
because it sounds better to say you protect the people from trafficking, while you are actually keeping
them outside.
>> if there was no smuggling, you would not be able to get into the EU. there is no front door, the eu
created the smugglers.
f.e. client of smugglers or victim of trafficking
smuggling — criminalised to protect the territory, prevent people to set foot on our territory when we
don't want them here. our national own interest
trafficking — you protect the victim of trafficking. very different protect product.
UNITED NATION — two different protocols for T en S.
— 1950 UN Convention — professor is very opposed against this convention. still applicable while
there are new protocols
COUNCIL OF EUROPE — more HR focused and focus on the trafficked person.
EU — current instrument is the directive, but before that there were already hard law instruments
applicable. in 1996 there was already a non-binding instrument. >> so in reality the EU was the first to
actually deal with THB.
— in current instrument took the HR vision of the CoE, but is a more protective and stronger
instrument.
~ SELECTED ISSUES : sexual offending, prostitution & human trafficking - -3-
,amended — in 2024 : new additions and changes >> professor does not like some of the changes that are
made.
permit directive 2004 — protecting, but instrumentalises victims. >> also kind of a burden.
SHARED — timeframe + general agreement about the core elements of THB : three constituent
elements.
BUT DIVERGENCE — EU most advanced and elaborate, because there is an internal market and
borders.
LITERATURE
◊ ABRAMSON — about the UN Protocol about THB
◊ GALLAGER — about the Warsaw convention
◊ MIDDELBURG x RIJKEN — about the EU Directive of 2011
◊ LA STRADA INTERNATIONAL — ngo, policy paper on knowing use of HT. about the amendments
; now we also have to prosecute people that knowingly make use of trafficked HB. >> complicit after the
fact, but the professor is also against this. how do you monitor knowledge, even if morally correct, the practice is
very difficult.
● CONSEQUENCE — everyone purchasing sex is guilty and complicit, but not everyone in
sexwork is a victim (= this is a radical feminist pov), this is not okay with the rights of sex
workers (= it deprives them from their income).
◊ JOINT STATEMENT — about the recast of the EU-directive. joint group that says the amendment
is bad for some of the rights of sexworkers.
1. GENDER-NEUTRAL CRIMINAL LAW APPROACH
PARTICULAR VULNERABILITY WOMEN — criminal law is normally gender-neutral perspective.
should be phrased in gender-neutral terms.
● BUT — sometimes there are needs for gender-specificity. some laws are specifically to protect
women.
feminization of poverty —
gender discrimination —
lack of educational opportunities —
IMPORTANCE — gender-neutrality
MALE PROSTITUTION — there are male prostitution x male trafficking x male victims. today most
victims of trafficking are men, for labour. before it was mostly women, for sex work.
GENDER — discussion item.
~ SELECTED ISSUES : sexual offending, prostitution & human trafficking - -4-
,f.e. Swedish policy : triggered by gender-specificity because women need to be protected from men. >>
gained popularity and is being copied, but not really good.
2. CURRENT MAINSTREAM CRIMINAL LAW DEFINITION
FIRST ELEMENT : movement
>> movement : but much more than that : different sorts of material behaviour that fall underneath
movement. combined with the other elements, must be criminalised for those that ratified the
convention of are a EU-member state f.e. recruitment, transportation, transfer, harbouring,
subsequent reception of a person, including exchange or transfer of control over that person
EVEN WHERE …
… no organised criminal group involved — not necessary, because some clauses are embedded in the
UN convention. the obligation to criminalise this behaviour doesn’t need to be crossborder.
… no border is crossed — doesn’t have to be transnational. UN protocol says it needs to be
criminalised even though there is no border crossed.
… the victim has legally entered, has legal residence in or is a national of state where the
trafficking occurs —
… there is no profit motive — criminalisation is disconnected to the fact whether or not there is
profit.
◊ trafficking in EU often involve nationals, without the crossing of a border. often presented as if it
needs a border-crossing, but this is not necessary. this only matters for smuggling, not for HT.
● BUT — often there is a link between the unlawful brought in by smugglers, then they are
more likely to become a victim of HT (or do crime, or go into the illegal economy).
f.e. underpayment : certain means must be used
SECOND ELEMENT : means
“where either, provided the person involved is not a child (i.e. a person below the age of 18), in which
case the above conduct will constitute punishable trafficking even if none of the forthcoming means
has been used”
USE IS MADE OF …
… coercion, force or threat, including abduction — certain means used
… deceit or fraud — fraud of deceivement of certain people.
~ SELECTED ISSUES : sexual offending, prostitution & human trafficking - -5-
, … abuse of authority — person with authority OR with some relation of trust (that is being abused)
which is such that the person has no real and acceptable alternative but to submit to the abuse
involved
… payments or benefits — you grant certain benefits : they are given or received to achieve the
consent of a person having control over another person. >> someone controls someone else to indirectly
exercise power over another person.
◊ consent of the person being irrelevant — when any of these means have been used, then the
consent is irrelevant. even when a person “agrees” to be paid 10€/hour,. even when they don't feel
like a victim. >> STILL : if there vulnerability has been misused/abused – consent is legally
irrelevant, it is not valid, we cannot build on it.
>> when minor? — not requirement of this element (only first and third element needed for
constituent elements).
- a child can never consent to any of these means - this issue doesn’t arise. any form of
trafficking of children is bad. we don't need the element of means
THIRD ELEMENT : envisaged exploitation
FOR THE PURPOSE OF EXPLOITATION … — doesn’t require effective exploitation, it suffices
when there is envisagement of the exploitation. the mere idea is enough.
EXPLOITATION COMMON SPHERES
by forced/compulsory labour/services — sounds like very bad exploitation; cfr slavery
of the prostitution or other forms of sexual exploitation — in the sexual spheres.
organ transfer/removal — added in 2011 directive in the EU.
>> all three legal levels mention these exploitation schemes.
WHAT DOES IT MEAN? — trafficking is a separate offence, government argues that there is
compulsory labour when someone is paid one euro less than the sectoral agreements. >> these people
won't say they are being trafficked, they will say there is an abuse of social and sectoral law.
f.e. underpayment : violation, against the law BUT we should not put the label of trafficking on these
types of abuses.
f.e. criminalise trafficking based on two elements (1 and 3, just like children) : in BE there is no need
for the second elements ‘means’. >> you don't force anyone, you don't always do anything bad (f.e. you bring
your friend to an apartment, where they work willingly as a sexworker). in BE law this is considered to be
trafficking. they do this, because it is easier to prove.
- they don't want to rely on victim-testimony
- in practice : it has been used in situations of real trafficking, but legally speaking it doesn’t
have to be used in these actual T-cases.
~ SELECTED ISSUES : sexual offending, prostitution & human trafficking - -6-
AIM
>> to gain a proper, nuanced and multi-perspective understanding of the causes, mechanisms,
dynamics and complexity of a cluster of specific (crime) phenomena, i.e. sexual offending, prostitution
and human trafficking, as well as of their interrelations and of societal and (criminal) policy reactions
thereto
ISSUES
>> trafficking in human beings • legal approaches and policies | phenomenon and dynamics •
prostitution & sex work • legal approaches and policies | phenomenon and dynamics • child sexual
abuse & abuse of power or authority • sexual exploitation of children, CSAM & grooming • rape,
sexual assault & sexual harassment • bestiality & animal porn, BDSM & necrophilia • pornography,
exhibitionism voyeurism • AI & robots
>> neutral perspective and look whether criminalisation is necessary. international level is often to
criminalise things, because it is easier to find legitimation for criminalisation.
f.e. 3D-generated children : is it necessary to criminalise these virtual images. there is a difference.
legislators don't differentiate as if it is the same. >> is this proportionate? one of them is worse than the
other, but they don't differentiate.
- punishment of an idea of having sex with children
>> penal law : the last thing to be used. often penalists don't believe in criminal law. moral grounds are
the worst grounds to have criminalisation. there has to be “real harm”, just being shocked is not
enough to criminalise.
~ SELECTED ISSUES : sexual offending, prostitution & human trafficking - -1-
,f.e. 1 out of 6 girls have experienced abuse in their life.
LEGAL DIMENSION
>> typically european and international level, less about domestic levels
>> administrative law, criminal law, labour law, …
f.e. children’s rights : by protecting them also taking away their right to sexuality
ECONOMIC DIMENSION
>> child labour, sex workers, …
CORPORATE DIMENSION
>> corporations can be actors for cheap labours or trafficking of human beings often committed by
corporations, often involved.
~ SELECTED ISSUES : sexual offending, prostitution & human trafficking - -2-
,-1- trafficking in human beings
◊ principal legal instruments — three policy levels : UN, CoE, EU, … each level has a core
instrument. f.e. UN TOC Convention, Warsaw Convention on THB, directive on THB
>> trafficking and smuggling are two different things, while legislator often put them together
because it sounds better to say you protect the people from trafficking, while you are actually keeping
them outside.
>> if there was no smuggling, you would not be able to get into the EU. there is no front door, the eu
created the smugglers.
f.e. client of smugglers or victim of trafficking
smuggling — criminalised to protect the territory, prevent people to set foot on our territory when we
don't want them here. our national own interest
trafficking — you protect the victim of trafficking. very different protect product.
UNITED NATION — two different protocols for T en S.
— 1950 UN Convention — professor is very opposed against this convention. still applicable while
there are new protocols
COUNCIL OF EUROPE — more HR focused and focus on the trafficked person.
EU — current instrument is the directive, but before that there were already hard law instruments
applicable. in 1996 there was already a non-binding instrument. >> so in reality the EU was the first to
actually deal with THB.
— in current instrument took the HR vision of the CoE, but is a more protective and stronger
instrument.
~ SELECTED ISSUES : sexual offending, prostitution & human trafficking - -3-
,amended — in 2024 : new additions and changes >> professor does not like some of the changes that are
made.
permit directive 2004 — protecting, but instrumentalises victims. >> also kind of a burden.
SHARED — timeframe + general agreement about the core elements of THB : three constituent
elements.
BUT DIVERGENCE — EU most advanced and elaborate, because there is an internal market and
borders.
LITERATURE
◊ ABRAMSON — about the UN Protocol about THB
◊ GALLAGER — about the Warsaw convention
◊ MIDDELBURG x RIJKEN — about the EU Directive of 2011
◊ LA STRADA INTERNATIONAL — ngo, policy paper on knowing use of HT. about the amendments
; now we also have to prosecute people that knowingly make use of trafficked HB. >> complicit after the
fact, but the professor is also against this. how do you monitor knowledge, even if morally correct, the practice is
very difficult.
● CONSEQUENCE — everyone purchasing sex is guilty and complicit, but not everyone in
sexwork is a victim (= this is a radical feminist pov), this is not okay with the rights of sex
workers (= it deprives them from their income).
◊ JOINT STATEMENT — about the recast of the EU-directive. joint group that says the amendment
is bad for some of the rights of sexworkers.
1. GENDER-NEUTRAL CRIMINAL LAW APPROACH
PARTICULAR VULNERABILITY WOMEN — criminal law is normally gender-neutral perspective.
should be phrased in gender-neutral terms.
● BUT — sometimes there are needs for gender-specificity. some laws are specifically to protect
women.
feminization of poverty —
gender discrimination —
lack of educational opportunities —
IMPORTANCE — gender-neutrality
MALE PROSTITUTION — there are male prostitution x male trafficking x male victims. today most
victims of trafficking are men, for labour. before it was mostly women, for sex work.
GENDER — discussion item.
~ SELECTED ISSUES : sexual offending, prostitution & human trafficking - -4-
,f.e. Swedish policy : triggered by gender-specificity because women need to be protected from men. >>
gained popularity and is being copied, but not really good.
2. CURRENT MAINSTREAM CRIMINAL LAW DEFINITION
FIRST ELEMENT : movement
>> movement : but much more than that : different sorts of material behaviour that fall underneath
movement. combined with the other elements, must be criminalised for those that ratified the
convention of are a EU-member state f.e. recruitment, transportation, transfer, harbouring,
subsequent reception of a person, including exchange or transfer of control over that person
EVEN WHERE …
… no organised criminal group involved — not necessary, because some clauses are embedded in the
UN convention. the obligation to criminalise this behaviour doesn’t need to be crossborder.
… no border is crossed — doesn’t have to be transnational. UN protocol says it needs to be
criminalised even though there is no border crossed.
… the victim has legally entered, has legal residence in or is a national of state where the
trafficking occurs —
… there is no profit motive — criminalisation is disconnected to the fact whether or not there is
profit.
◊ trafficking in EU often involve nationals, without the crossing of a border. often presented as if it
needs a border-crossing, but this is not necessary. this only matters for smuggling, not for HT.
● BUT — often there is a link between the unlawful brought in by smugglers, then they are
more likely to become a victim of HT (or do crime, or go into the illegal economy).
f.e. underpayment : certain means must be used
SECOND ELEMENT : means
“where either, provided the person involved is not a child (i.e. a person below the age of 18), in which
case the above conduct will constitute punishable trafficking even if none of the forthcoming means
has been used”
USE IS MADE OF …
… coercion, force or threat, including abduction — certain means used
… deceit or fraud — fraud of deceivement of certain people.
~ SELECTED ISSUES : sexual offending, prostitution & human trafficking - -5-
, … abuse of authority — person with authority OR with some relation of trust (that is being abused)
which is such that the person has no real and acceptable alternative but to submit to the abuse
involved
… payments or benefits — you grant certain benefits : they are given or received to achieve the
consent of a person having control over another person. >> someone controls someone else to indirectly
exercise power over another person.
◊ consent of the person being irrelevant — when any of these means have been used, then the
consent is irrelevant. even when a person “agrees” to be paid 10€/hour,. even when they don't feel
like a victim. >> STILL : if there vulnerability has been misused/abused – consent is legally
irrelevant, it is not valid, we cannot build on it.
>> when minor? — not requirement of this element (only first and third element needed for
constituent elements).
- a child can never consent to any of these means - this issue doesn’t arise. any form of
trafficking of children is bad. we don't need the element of means
THIRD ELEMENT : envisaged exploitation
FOR THE PURPOSE OF EXPLOITATION … — doesn’t require effective exploitation, it suffices
when there is envisagement of the exploitation. the mere idea is enough.
EXPLOITATION COMMON SPHERES
by forced/compulsory labour/services — sounds like very bad exploitation; cfr slavery
of the prostitution or other forms of sexual exploitation — in the sexual spheres.
organ transfer/removal — added in 2011 directive in the EU.
>> all three legal levels mention these exploitation schemes.
WHAT DOES IT MEAN? — trafficking is a separate offence, government argues that there is
compulsory labour when someone is paid one euro less than the sectoral agreements. >> these people
won't say they are being trafficked, they will say there is an abuse of social and sectoral law.
f.e. underpayment : violation, against the law BUT we should not put the label of trafficking on these
types of abuses.
f.e. criminalise trafficking based on two elements (1 and 3, just like children) : in BE there is no need
for the second elements ‘means’. >> you don't force anyone, you don't always do anything bad (f.e. you bring
your friend to an apartment, where they work willingly as a sexworker). in BE law this is considered to be
trafficking. they do this, because it is easier to prove.
- they don't want to rely on victim-testimony
- in practice : it has been used in situations of real trafficking, but legally speaking it doesn’t
have to be used in these actual T-cases.
~ SELECTED ISSUES : sexual offending, prostitution & human trafficking - -6-
