Sexual violence as a form of trafficking
At the European Union level, trafficking in human beings is a criminal offence when a person is recruited, transported, transferred, harboured or received by means such as coercion, threat, use of force, deception, abuse of vulnerability or abuse of power for the purpose of exploitation.
Where the purpose of exploitation is sexual in nature, this includes:
- Exploitation of the prostitution of others
- Other forms of sexual exploitation
- Sexual slavery or practices similar to slavery
When women and girls are trafficked for these purposes, this constitutes:
- A serious criminal offence under EU law
- A form of violence against women
- A form of gender-based violence, as women and girls are disproportionately affected
Trafficking for sexual exploitation is recognised in EU law and policy as a gendered crime, because it is closely linked to structural gender inequality, discrimination, and power imbalance.
The “purpose” element of trafficking becomes sexual violence when the exploitation involves:
- Forced prostitution
- Forced participation in pornography
- Sexual services under coercion
- Sexual abuse used as a method of control
- Sexual slavery
- Online-facilitated sexual exploitation
Sexual violence in the trafficking context may occur:
- As the core objective of the exploitation
- As a method of coercion or control
- As a means of punishment or intimidation
- As part of systematic exploitation for profit
Amending Directive 2011/36/EU; defines trafficking, exploitation (including sexual exploitation, exploitation of prostitution of others, slavery or practices similar to slavery) and strengthens gender-specific obligations.
Recognises gender-based violence against women and establishes criminal-law and victim-protection standards at EU level, including sexual violence and support obligations.
Rape is non-consensual sexual intercourse or penetration. In the trafficking context, rape may occur as a method of coercion, control, punishment, or exploitation of the victim and constitutes sexual violence.
Violence against Women Directive, provisions on sexual violence and rape-related victim protection.
