Running head: ALTERNATIVE POLICY FORMATION

Alternative Policy Formation

Anika Davis
Wayne State University
November 25, 2014

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Alternative Policy Formation

Human trafficking and sex trafficking continues to be a serious problem in many
countries. I will examine current U.S. policy and those in Portugal. I will explore and compare
human trafficking policies within the U.S. and Portugal. Using key elements that are missing
from either countries policy, I will propose an alternative policy for the United States to assist in
joint efforts with other nations in the fight to end human sex trafficking It is my hope that with
the current U.S. policy and my proposed policy we can win the war on one of the most
conspicuous abuses against human rights in our society.
Human trafficking is a transnational issue. According to the United Nations (2002), human
trafficking is:
the recruitment, transportation, transfer, harboring, or receipts of persons, by means of
threat or the use of force or other forms or coercion, of abduction, or fraud, of deception, or
the abuse of power or of a position of vulnerability or of the giving or receiving of
payments or benefits to achieve the consent of a person having control over another, for the
purpose of exploitation. (p. 478)
According to the United Nations Global Report on Trafficking in Persons, sexual
exploitation is the most common form of human trafficking, and its victims are mostly women
and children. For this reason, my alternative policy will focus not solely but primarily on the
population of women and children.
United States Social Policy
In an effort to protect victims of human trafficking, in 2000 the United States responded by
establishing the Victims of Trafficking and Violence Protection Act (TVPA). TVPA addressed
both domestic and international trafficking. This Act was put in place not only to prevent

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trafficking, but to protect victims, and prosecute traffickers. The ultimate goal of the policy is to
end human trafficking, prosecute the perpetrators, protect the victims from further harm, and
successfully integrate or reintegrate victims of trafficking into society through social welfare
programs, outreach, educational and vocational training, and other resources. The Act is
organized into three divisions. Division A is the Trafficking Victims Protection Act of 2000,
Division B is the Violence Against Women Act of 2000 and Division 3 covers Miscellaneous
Provisions.
As stated earlier, the purpose for Division A is to combat human trafficking. It identifies
trafficking as a form of modern day slavery and notes the majority of its victims are women and
children. It further aims to provide assistance to victims of trafficking as well as reasonable and
effective punishment of perpetrators.
Division A calls for the U.S. President to establish an Interagency Task force to Monitor
and Combat Trafficking. This task force shall coordinate the implementation of Division A and
measure and evaluate progress of the United States and other countries in the areas covered by
Division A. The Task force is to evaluate the role of public corruption in facilitating trafficking.
This section also calls for the interagency to implement procedures to collect and organize data
and significant research information on domestic and international trafficking. In order to prevent
trafficking, and to assist with the reintegration of stateless victims of trafficking, the interagency
is required to encourage cooperation between countries in which victims have been taken from,
transported through, and their destinations.
Section 106 calls for resources including microcredit lending programs, skills training and
job counseling. Other benefits of the policy aim to promote womens participation in economic
decision making, keeping young children in school and education for trafficking victim. This

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section creates opportunities for victims and non-victims to further their education, obtain credit,
and receive job training . Grants shall be given to nongovernmental organization s to help the
overall advancement of women in their countries. Finally, the President shall ensure that public
awareness information is available to individuals who are at risk for human trafficking.
The policy will be implemented by joint efforts of the U.S. President, Secretary of Labor,
Secretary of Health and Human Services, the Attorney General, the Secretary of State, and the
Administrator of the United States Agency for International Development.
Victims and their children from the United States and other countries shall benefit from the
policy. Information and trafficking awareness education is provided for potential victims of
trafficking.
The policy is to be evaluated annually no later than December 31 of each year. The
Secretary of Health and Human services, secretary of Labor, the Board of Directors of the Legal
Services Corporation, and the heads of other appropriate Federal agencies shall submit a report
to the Committee on Ways and Means, the Committee on International Relations, and the
Committee on the Judiciary of the House of Representatives and the Committee on Finance, the
Committee on Foreign Relations, and the Committee on the Judiciary of the Senate. The report
shall include the number of persons who received benefits or other services in connection with
programs or activities funded or administered by such agencies or officials during the preceding
fiscal year.
The Attorney General can make grants to States, Indian tribes, nonprofit, nongovernmental
victims service organizations, and units of local government in order to further develop, expand,
or strengthen programs for victims.

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The TVPA must be reauthorized every two years by Congress and was allowed to expire in
2011. President Obama signed the reauthorization of the Act on March 7, 2013. The act has
been expanded since 2000, increasing punishment for perpetrators of trafficking and increasing
grant programs that aid state and local law enforcement in fighting human trafficking.
Portugal Policy
In 2004, Portugal ratified the Protocol to Prevent, Suppress and Punish Trafficking in
Person, Especially Women and Children also called the Palermo Protocol). The protocol defines
trafficking exactly the same as the TVPA mentioned above. This protocol was enacted to protect
and fight human trafficking and pays special attention to women and children. A victims consent
to trafficking is irrelevant if any of the means described in the definition of trafficking were used
and the agent can still be prosecuted. Unfortunately, the protocol does not address prostitution
and leaves it up to individual states to decide how to handle or define it. Portugal further
amended their Penal Code to consider sex crimes to be crimes against liberty and sexual selfdetermination. In 2007, pimping was addressed in the Penal Code stating:
An agent who, professionally or with intentions to seek profit, encourages, promotes, or
facilitates the engagement of another in prostitution shall be punished with a term of
imprisonment of 6 months to 5 years. An agent who commits the crime of pimping, either
by using violence or extreme threats, deception, or fraudulent acts; by abusing the authority
resulting from a family, supervisory or guardian relationship, a dependent hierarchical,
economic, or employment relationship; or by taking advantage of the psychological
incapacity or any vulnerability associated with the victim, shall be punished with a term of
imprisonment of 1 to 8 years. (as cited in Duarte, p. 263)

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Victims of trafficking are to be provided with appropriate means for physical,

psychological, and social recovery in a language that the victim can understand. These means
include medical, psychological and material assistance in the form of counseling and other
sources; appropriate housing, educational, employment and training assistance, and
compensation for damages suffered. No specific laws are provided by the protocol only
considerations that should be made for victims of trafficking in persons. States should also
ensure that provisions are set to allow certain trafficking victims to remain in the Country if
needed and ensure their safety while in the country. It further states that policies be created to
prevent and combat trafficking in persons, and prevent re-victimization. Policies and programs
shall be created that alleviate factors such as poverty, underdevelopment and lack of equal
opportunity, which aid in making persons, especially women and children vulnerable to human
trafficking. While this policy covers some of the same concerns as the United States TVPA it
fails to provide clear and concise information on who will be charged with these duties. It also
clearly states that measures should be considered but does not make any mandatory with the
exception of the specified jail time for convicted pimps. The major downfall of this policy is that
is can only be amended after five years.
After reviewing this policy and the TVPA I have come up with an alternative that could aid
the U.S. and possibly be adopted by the United Nations.
Policy Alternative
In an effort to better combat human sex trafficking in women and children, I propose an
alternative federal policy. The policy will be named the Anti-Sex Trafficking of Women and
Children Act of 2015 (ASTWCA). The policy will be funded by the federal government. Its
purpose is to protect women and children from sex trafficking. A new law will be enforced that

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criminalizes men and women who buy sexual services because the purchasing of such will now
be deemed a sexual violence against sex workers. In an effort to avoid an increase in male
prostitutes because of this new law, the purchasing of services from male prostitutes is also
criminalized. The policy calls for specific and harsher punishment of perpetrators of sex
trafficking. Depending on the severity and length of trafficking, the sentencing guidelines for
sex trafficking will be no less than ten years and up to life imprisonment, with no possibility of
parole. Sex trafficking of women and children will carry longer prison sentences with a
minimum 20 year sentence. There is also a provision of the policy that ensures women who
participate in the sex trafficking of other women and children face stricter minimum guidelines.
The policy will also state that victims of sex trafficking will receive training regarding
sexually transmitted diseases, hygiene and human rights. Victims who are transported to the
United States from other countries will only be allowed to remain in the country if they
participate in and complete specific requirements. Children will be required to attend school and
complete at least a 12th grade education. Adults will be required to test to ensure that they have
knowledge equivalent to a 12th grade education. GED classes will be offered to adults without a
high school education. Both adults and children will be required to attend classes teaching the
dangers of sex work, sexual education courses including AIDS and HIV information, and skill
building. There will be a division appointed to oversee and monitor the progress of previous
victims who remain in the country. This monitoring system will not be punitive but to ensure the
individuals receive the assistance and support needed to overcome their previous circumstances.
There will be a mental health division created in all states that have high human trafficking and
prostitution rates and these victims will receive lifetime therapy and counseling services if
needed. Services provided may be outsourced to private organizations giving them tax breaks for

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servicing and creating a department that specializes in sex trafficking. The services are
mandatory for the first two years to remain in the U.S. but are optional after completion of two
years in the program. These services will include group and/or individual therapy based upon the
needs of the victim. An outreach program will be overseen by peer support in the mental health
division. The outreach program will be operational throughout the United Nations in areas where
prostitution and sex trafficking are prevalent. Support members will target women and children
in these areas to show them that they are not alone and that there is help available to them.
Members of the outreach team will apply a no pressure type support system to potential victims
but will make their presence known if, and when someone decides they want help. English as a
foreign language classes will be offered, for those who are non-English speaking, if they wish to
stay in the United States.
Feasibility, Goals, and Implementation of Policy
The Anti-Sex trafficking of Women and Children Act of 2015 would be feasible in the
United States on a political level because it targets women and children. Conservatives would not
agree with government spending for the policy but it can be argued that outsourcing to private
agencies will help offset some of the costs to protect our women and children. It can also be
argued that preventing sex trafficking can help to minimize the number of illegal aliens in the
country. Even when a victim of trafficking is allowed to stay in the country, they are provided
with the resources to enable them to become productive members of society therefore, reducing
the probability of them committing crimes or becoming dependent on the government long term.
In the long run, these individuals can help to boost the economy. Even though many
conservatives will disagree with the policy behind closed doors, they are aware that it looks
really good for large corporations and the wealthy to support any policy that seeks to protect

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women and children from modern day slavery. Liberalists believe in government assistance for
social welfare so I believe they would be agreeable to the policy once all the provisions have
been laid out. It is my belief that the public as a whole would vote for a policy that could
minimize prostitution and sex trafficking especially of women and children.
On an economic level, the policy is feasible because funds are already allocated to prevent
human trafficking. Many of the provisions of this policy are already adequately funded. The
major difference in the new policy and the current TVPA is the strict guidelines for punishment
and the criminalization of those who pay for sex services. The same funds that currently pay law
enforcement officers, court officers, and officials will be utilized. Extra funds would aid in hiring
more officials to work in these departments and agencies to better combat the problem, but is
negotiable. Additional funds could be allocated to private agencies that offer services for victims
or large tax credits could be offered to offset their operational expenses. Funding would come
from taxes monies. Additional funds or tax breaks only need to be considered in areas where sex
trafficking of women and children is prevalent.
Again, many resources for the policy implementation already exist in the current court
system, policing agencies, and immigration. Current staff within these organizations will
implement the provisions of the policy. Tax breaks can be given to private mental health and
other agencies who will offer resources, counseling, and training for these victims. The policy
supports the social work values of social justice and dignity and worth of the person. By
advocating for victims of sex trafficking the policy promotes social change and seeks to correct a
social injustice. These factors will assist in making it feasible on the administrative level.

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Personal Opinion
The U.S. enactment of the TVPA and the Portugal Palermo Protocol were both significant
steps in the fight to end human trafficking in their countries but together they have fallen short in
deterring pimps and agents from forcing women and children into the sex trade both against their
will or be deceit. I believe the Anti-Sex Trafficking of Women and Children Act of 2015 will aid
the United States significantly in this war. Because this lucrative industry currently has so little
risks and minimal overhead, it has thrived throughout many countries. I strongly believe that
defining and enforcing stricter punishments for individuals convicted will deter many
perpetrators from participating in sex trafficking. In addition, when examining the clients of
human trafficking victims, it has been found that in many countries wealthy men purchase
women and children for sex. If the risks outweigh the gain for these individuals, it will deter
them from indulging in such criminal activity. Targeting men who purchase sex workers could
decrease the demand for sex trafficking, and serve as a domino effect. Overall, the goals of my
alternative policy remain the same as the TVPA. Those goals include providing resources to
remove sex trafficking victims from their oppressors, offer new opportunities, and improve their
quality of life. I also wish to define and enforce harsher punishment for traffickers and target the
population who purchase sex trafficking victims. The one problem that I identified with my
policy focusing so heavily on women and children is that more men, transgender, or transsexuals
could fall victim to sex trafficking. In order to address this problem I included a provision that
criminalizes purchasing of sex services from that population as well. As a social worker it is my
duty to work diligently to educate and advocate on behalf of this oppressed population. Part of
my work is to continue to find resources available, research evidenced-based practice methods,
and advocate for changes in policy that seek to eliminate sex trafficking.

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References
Attorney Generals (2008). Annual Report to Congress and Assessment of the U.S. Government
Activities to Combat Trafficking in Persons. Retrieved from
https://connect.wayne.edu/service/home/~/annual_anti_trafficking_report_to_congress_200
7.pdf?auth=co&loc=en_US&id=31081&part=2
Barnitz, L. A. Commercial sexual exploitation of children: Youth involved in prostitution,
pornography and sex-trafficking. Washington, D.C.: Youth Advocate Program
International, 1998.
Duarter, M. (2012). Prostitution and trafficking in Portugal: Legislation policy and claims.
Sexuality Research and Social Policy, 9, 258-268. Doi 10.1007/s13178-012-0093-2
Hodge, D.R. (2008). Sexual Trafficking in the United States: A domestic problem with
transnational dimensions. Social Work, 55(2), 143-151.
Kiener, R. (2012). Human Trafficking and Slavery. Global Researcher, 6(20), 473-496.
Potocky, M., (2010). The Travesty of Human Trafficking: A decade of failed U.S. policy. Social
Work, 55(4), 373-375.
Protocol to Prevent, Suppress, and Punish Sex Trafficking in Persons, Especially Women and
Children supplementing the United Nations Convention against Transnational Organized
Crime, 10 May 2004, United Nations Treaty Series, vol. 2237, No. 39574, p. 319, available
from www.uncjin.org/Documents/Conventions/dcatoc/final_documents_2/convention_
%20traff_eng.pdf.
Trafficking Victims Protection Act of 2000, Pub. L. No. 106 -386, 105 et seq., (2000 ).
United Nations Office on Drugs and Crime (2009). Global report on trafficking in persons.
Retrieved from http://www.unodc.org/documents/Global_Report_on_TIP.pdf

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United Nations Convention on Against Transnational Organized Crime (2000). Protocol to

Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children.
Retrieved from http://go.galegroup.com/ps/i.do?id=GALE
%7CCX2560000170&v=2.1&u=lom_waynesu&it=r&p=GVRL&sw=w&asid=eb1357768
2617fb03466fa0e50bf0088
U.S. Department of State (2014). Trafficking in Persons Report. Retrieved from
www.state.gov/j/tip/rls/tiprpt/2014/?utm_source=NEW+RESOURCE:
+Trafficking+in+Persons+R