2012 Trafficking In Persons Final Report.pdf - NCJTC Home

Rieger, April, ―Missing the Mark: Why the Trafficking Victims Protection Act Fails To Protect
Sex Trafficking Victims in the United States‖ in Harvard Journal of Law & Gender, Vol. 30,
2007.
This article examines the Trafficking Victims Protection Act (TVPA) and its inadequate
distribution of assistance to victims of trafficking. The author argues that, because the
current (as of 2007) approach to dealing with trafficking focuses on criminal prosecutions
rather than on civil remedies, many victims receive little to no assistance in recovering
from their suffering. Moreover, many victims fail even to qualify for the benefits and
services, which themselves are too temporary and limited in many cases. Civil suits,
Rieger maintains, would be more useful and beneficial to victims and would restore a
sense of control. With a lower burden of proof, civil suits may be more likely to succeed
than criminal prosecutions, thereby rendering much-needed financial compensation to
victims. Rieger suggests a number of alternative avenues of legal action, including torts,
breach of contract, class action, and the Federal Racketeer Influenced and Corrupt
Organizations Act.
Sadruddin, Hussein, Natalia Walter, and Jose Hidalgo, ―Human Trafficking in the United States:
Expanding Victim Protection Beyond Prosecution Witnesses,‖ 16 Stan. L. & Pol‘y Rev. 379, 388
(2005)
This article criticizes the Trafficking Victims Protection Act (TVPA) for its difficult
eligibility requirements, in particular cooperating with authorities towards the prosecution
of offenders involved. Many victims have suffered severe forms of violence and
psychological trauma, rendering it extremely arduous and sometimes impossible to meet
this cooperation criterion. Ironically, due to the extreme level of their abuse, they are
unable to obtain protections and are left without significant reparations or even deported.
The article includes an entire section on neuroscience and psychology relating to torture
and traumatic experiences and the subsequent inability of many victims to cooperate.
Suggestions include a broadening of the current law‘s interpretation, allowing for better
protection and a different attitude towards cooperation with investigations.
The Protection Project of Johns Hopkins University School of Advanced International Studies.
―The TVPA in 4 Colors‖
This document summarizes the Trafficking Victims Protection Act and its subsequent
reauthorizations using a color-coded system.
Tiefenbrun, Susan W., ―Updating the Domestic and International Impact of the U.S. Victims of
Trafficking Protection Act of 2000: Does Law Deter Crime?,‖ 38 Case Western Reserve Journal
of International Law 249, 250 (2007).
This paper analyzes the domestic and international impact of the Trafficking Victims
Protection Act. Overall, it notes incremental improvement in identification of trafficking
cases and conviction of traffickers, with both domestic reach and assistance to antitrafficking
efforts in other countries. Although the passing of the TVPA has, in the
authors eyes, led to some measure of success against trafficking, other efforts targeted at
prevention and public edification are also necessary. Coupled with a toppling of the high
reward, low risk model for traffickers through an increase in risk and penalty of
sentencing, trafficking should become far less widespread.
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