What is human trafficking?
At its core, human trafficking concerns the exploitation of people and takes various forms and degrees. Under human trafficking, for example, it is a criminal offense to recruit, transport, transfer, harbor, or receive another person through coercion, violence, deception, or abuse of circumstances for the purpose of exploitation.
When thinking of human trafficking, most people will think of loverboys who beat women, take away their passports, and then force them into sex work. But that is only one of the many variants of human trafficking. Less severe variants are also conceivable. For instance, human trafficking can already be at issue the moment someone takes advantage of another person’s vulnerable position. One could think of a situation where someone has people who are addicted to drugs working for them. Whether the addicted person themselves consented to the work is irrelevant in such a case.
In short, human trafficking occurs in various forms and degrees. Because human trafficking is such a broad concept and involves a gray area, it is important that you are assisted by one of our expert criminal defense lawyers.
What is the difference between human trafficking and human smuggling?
The difference between human trafficking and human smuggling lies primarily in the purpose of the actions. Human smuggling revolves around illegally bringing someone into a country or allowing them to stay there when they have no lawful residence in that country. Human trafficking involves the exploitation of a person, for example in prostitution, labor, or other forms of forced work. The latter can take place entirely within the national borders of the Netherlands. Although the terms are sometimes used interchangeably, they concern two different criminal offenses.
There are situations where both criminal offenses apply simultaneously. This is the case, for example, if you bring someone without a valid residence permit to the Netherlands with the aim of having that person work in prostitution in the Netherlands. It then does not matter whether that person wanted to come to the Netherlands themselves and was happy to work in prostitution in the Netherlands. The moment you arrange for a person from abroad to perform sex work in another country, you are already guilty of human trafficking.
The moment you have brought the person who wants to perform sex work from one country to another and that person has an unlawful residence status, you are simultaneously guilty of human smuggling.
Does human trafficking only cover sexual exploitation?
No, human trafficking is not only about sexual exploitation. Many people automatically think of situations within the sex industry when they hear human trafficking, but the law defines human trafficking much more broadly. Forced labor, exploitation in the workplace, slavery, or working under degrading conditions also fall under this. Think, for example, of:
- Someone who works long hours in a factory or kitchen under harsh conditions, without breaks or rest days;
- An employee who is threatened or has to hand over their passport and therefore cannot leave;
- Persons who are underpaid or even receive no wages at all for heavy work;
- Working and living in conditions that resemble modern slavery, for example on a farm, ship, or in a household.
Human trafficking can therefore also occur outside the sex industry.
Must the victim actually have been exploited to achieve a conviction for human trafficking?
No, for a conviction for human trafficking, it is not necessary for the victim to have actually been exploited. The mere recruitment of another with the aim of exploiting them is sufficient. Consider the case where someone recruits people with the aim of exploiting them, but is caught before actual exploitation has occurred.
Do you have to exploit the victim yourself to be convicted of human trafficking?
No, you do not have to exploit the victim yourself to be guilty of human trafficking. Even if someone else is the one performing the actual exploitation, you can still be convicted of human trafficking if you benefit from that exploitation. This is the case, for example, if you profit from income from prostitution in which someone is being exploited.
What sentence can you receive for human trafficking?
Because there are so many different forms of human trafficking, the sentences imposed vary. You could think of a short prison sentence, for example in cases where no violence is used and there is no threat or blackmail. Sentences increase as the infringement on the victim’s freedom of self-determination becomes greater. You could then think of a situation involving gross violence. In such a case, a prison sentence of many years is usually imposed. Additionally, the sentence increases if the victim is under eighteen years of age. Finally, higher sentences are imposed when the actions result in physical injury, danger to life, or death.
Why is it wise to hire a lawyer if you are suspected of human trafficking?
Human trafficking is a serious criminal offense for which high sentences are generally imposed. A conviction for human trafficking will always appear on your criminal record, which can seriously hinder your future. For example, it can cause problems when applying for a Certificate of Good Conduct (VOG).
Furthermore, human trafficking has many different manifestations and there is a large gray area within which discussion is possible as to whether certain behavior can be classified as human trafficking. In other words: no two human trafficking cases are the same. Precisely because of this gray area, in which it is often unclear whether human trafficking is involved, it is of great importance that you are assisted by one of our specialized criminal defense lawyers.
Our lawyers possess in-depth knowledge of the various forms in which human trafficking can manifest itself. They know where the legal pain points lie and what is important in these types of cases. They also investigate for you whether there are possibilities for acquittal in your criminal case. Therefore, please contact us without obligation to speak with one of our expert criminal defense lawyers.
