Sex Trafficking of 2SLGBTQIA+
Introduction
Human trafficking, also known as trafficking in persons, is a crime typically hidden within society. According to the U.S. Department of State, human trafficking involves recruiting, supplying, transporting, and obtaining persons for involuntary labor debt repayment by coercion or fraud. Human trafficking can include various forced labor practices, including commercial sex work (exotic dancing and pornography) and personal service (domestic or sexual servitude). Common examples of human trafficking globally include forced labor in sweatshops, manual labor at agricultural or construction sites, forced employment in nail salons, and various jobs within the hotel and food service industries. Human trafficking removes an individual’s freedom of movement, strips them of their dignity, and can lead to assault and sexual violence.
Sex Trafficking of Lesbian, Gay, Bisexual, and Transgender Individuals
Sex trafficking can be described as the illegal transportation of individuals from one nation or region to another with the intention of sexual exploitation. Human sex trafficking can be initiated by companies and enterprises that unwittingly enable human trafficking and related forms of exploitation. While there has been growing awareness about human sex trafficking in the past few years, certain populations receive less attention, including men and Lesbian, Gay, Bisexual, and Transgender (LGBT) persons. LGBT sex trafficking is commonly overlooked and rarely reported by local and national governments. The underreporting of sex trafficking among this population makes it difficult to understand the specific nature of the crimes and the total number of people affected. The stigma against LGBTI persons often means they are left out of research, advocacy programming, and initiatives. Considering this, this article summarizes some of the limited data available regarding the challenges and issues affecting LGBT victims of sex trafficking. There will be discussions about global trends and some nuances that make LGBTI persons vulnerable to such practices. The article provides case study recommendations for stakeholders in tackling LGBTI sex trafficking.
Human trafficking is a global trend and has been reported in all parts of the world. Most victims of human trafficking are domestically trafficked, i.e., forced into labor for another's profit within their own countries by persons of the same nationality. Individuals trafficked beyond borders go through a migration process. Examples of documented migration cases include Caribbean, African, and Latin American gender and sexual minorities trafficked to Western Europe and the sex trafficking of African LGBT within trafficking rings in the Arab Gulf–by the wealthy in the United Arab Emirates. In such cases, LGBT persons are unlawfully prohibited from accessing the outside world.
Compared to heterosexual sex trafficking, same-sex sex trafficking is less likely to be reported to authorities. There are various reasons for this, including homophobia and homophobic laws that place LGBT persons in a position where they do not feel safe reporting. Same-sex sex work has a hidden nature with little information to justify intervention. Additionally, immigration status and the anti-immigration rhetoric in the local jurisdiction threaten to lead to concerns regarding accessibility to resources, including administrative justice. As a result, LGBT individuals fall into political and social traps that require focused attention from legal and health professionals.
The trafficking of gay men comprises various human rights violations and challenges for individuals due to unequal power dynamics. Sexual violence against men is considered taboo in most societies; therefore, many male victims are constrained by societal barriers from reporting their ordeals. Furthermore, the lack of reporting can be attributed to the absence of health services available for men.
Human sex trafficking presents LGBT victims face unique and distinct health challenges. These challenges include physical trauma, mental and psychological abuse, depression and anxiety; substance abuse problems; physical and domestic violence; and exposure to infectious diseases such as HIV and TB.
Sex trafficking has been linked to the spread of HIV. When forced into commercial sex work, trafficked LGBT individuals are at high risk of contracting sexually transmitted diseases, including HIV. Sex trafficking victims are often subjected to violent, non-consensual, or dangerous sex practices that make them vulnerable to infection. Sex trafficking has been associated with contributing to new strains of the virus that are resistant to treatment. This link has grave consequences for individuals and overall public health policies.
LGBT youth and sex trafficking
LGBT youth, particularly individuals from improvised backgrounds, are vulnerable to different forms of human trafficking. Minors are targeted more frequently because they are easy to manipulate and unable to protect themselves. Because sex work is illegal in most countries, adolescents may initially be labeled criminals. However, since sex trafficking and prostitution involve the sale of sex and sexual acts, adolescents are, according to the legal criteria, the victims of criminal activity. Any person younger than 18 forced into commercial sex acts through coercion, fraud, or threats is a victim of sex trafficking. The legal criteria or definitions provide additional legal protection to victims and are provided under the Trafficking Victims Protection Act.
Crimes committed against child trafficking victims result in immeasurable short- and long-term physical, mental, and emotional harm. LGBT minors who are homeless are at the highest risk for sex trafficking and sexual exploitation. According to the U.S. National Coalition for the Homeless, LGBT youth are more vulnerable to sexual exploitation and trafficking than other homeless youths. LGBT youth are often forced out of their family homes by parents and guardians because of their sexuality and gender. They may leave because of the discomfort of a hostile, homophobic environment. For instance, 20% of homeless youth are LGBT in the United States, and 58.7% are exploited through sexual prostitution. This is a much higher rate than the 33.4% of heterosexual homeless youth at risk of sexual exploitation on the street (Source: Sex Trafficking of LGBT Individuals: A Call for Service Provision, Research, and Action by Martinez and Kelle, 2013).
The lack of reporting limits the state's mandate to protect LGBT youth. Local publications and news channels do not report on the prevalence of human trafficking and on the disproportionate number of our homeless and runaway youth that are LGBT. This creates a perception that LGBT human trafficking and youth homelessness are not serious matters.
A call for action
There must be a call to action in the legal and public health fields to bring about change. In particular, all at-risk communities—including LGBT communities—targeted by sex trafficking must address the abovementioned problems.
Legal and public health experts must inform victims and the general public about the assistance and resources available for LGBT sex trafficking victims. Some of these are the Global Forum mechanisms for victims of sex trafficking and the United Nations Global Initiative to Fight Human Trafficking (UN GIFT).
Victims of crimes and human trafficking in the United States may be eligible for a number of immigration protections and remedies, including both undocumented and documented asylum applicants. Asylum claims based on LGBT status may be successful if they are based on a well-founded fear of persecution in the country of origin. Material witnesses to many local, federal, or state crimes, including trafficking and other sexual crimes, are protected by the U visa. The significance of the U visa among victims of domestic violence and crime in the United States merits particular attention.
Nation-states should abide by and promote the current global legal protections for victims of sex trafficking. Global legal protections include the 2000 UN Convention against Transnational Organized Crime; the 2000 Protocol to Prevent, suppress and punish trafficking in Persons; the Convention on the Rights of the Child.
In terms of awareness and advocacy, local law enforcement organizations should develop several strategies to promote reporting of LGBT sex trafficking, stress the criminality of these offenses, and remove the stigma and code of silence surrounding the crimes.
To reach countries that still ban homosexuality or same-sex behavior, public health policies and legal tactics must be applied. Examples of such countries include Jamaica and several African nations, where LGBT sex trafficking may be less reported and criminalized.
The criminalization of homosexuality, state-sanctioned stigma, and harassment of vulnerable individuals has not received enough criticism or concern. For instance, with a high HIV prevalence rate among males who have sex with men, Jamaica has the second highest incidence of HIV infection in the Caribbean; the infection rate is now 38%. Sex workers and transgender persons have significant infection rates in Jamaica; however, little is known about the latter group.
An overall inclusive agenda to promote awareness, criminalization of traffickers, and service provision for sex trafficking victims will channel resources toward hidden networks of sexual exploitation. Global legal and health agencies (International Labour Organization, International Organization for Migration, and the UN Global Initiative to Fight Human Trafficking) could lead initiatives to increase the awareness and promotion of health services and targeted resources that address the growing health needs of LGBT victims of sex trafficking.
Action Items
We recommend the following action items.
a) Policy
Governments at all levels should establish a criminal justice system to keep track of LGBT sex trafficking incidents and demand accountability from those responsible.
The United Nations and other international organizations ought to be held more accountable for developing policies that better meet the needs of LGBT sex trafficking victims and tougher laws against those who engage in the practice.
Encourage international cooperation on matters related to LGBT sex trafficking. Particularly, partnerships and cooperation between sending and receiving countries should be forged.
Increase capacity development through educating stakeholders, including health care providers, lawyers, and other professionals, on the problems and resources related to LGBT sex trafficking.
Regardless of sexual orientation and gender identity, promote the "three Ps" of preventing human trafficking: "prosecution, prevention, and victim protection."
Educate the general public and advocate for LGBT sex trafficking issues.
Develop and provide LGBT sex trafficking education materials for the general public, first responders, and law enforcement.
Encourage and establish "safe places" in neighborhoods where sex trafficking victims can congregate, tell their tales, and receive prompt assistance.
b) Public Health
More research is needed on the determinants of health and factors and barriers to care among LGBT asylum seekers.
Increase targeted screening at health facilities for LGBT individuals, focusing on LGBT youth.
Increase health and other services provision for LGBT homeless youth at the highest risk of being targeted for sex trafficking.