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Myths & misunderstandings about human trafficking
1. Human Trafficking
Overview
Why Trafficking Exists
The Traffickers
The Victims
The Facilitators
Myths & Misconceptions
Anti-Trafficking Efforts
Sex Trafficking in the U.S.
Labor Trafficking in the U.S.
Recognizing the Signs
International Trafficking
Trafficking FAQs
State-by-State Resources
Calendar of Events
The NHTRC Human Trafficking Report a Tip Access Training Resources Map Get Involved Contact
Myth 1: Under the federal definition, trafficked
persons can only be foreign nationals or are only
immigrants from other countries.
Reality: The federal definitionof humantraffickingincludes
bothU.S. citizens andforeignnationals -bothare protected
under the federal traffickingstatutes andhave beensince the
TVPA of 2000. Humantraffickingencompasses both
transnational traffickingthat crosses borders anddomestic or
internal traffickingthat occurs withinacountry. Statistics on
the scope of traffickinginthe U.S. are most thoroughand
accurate if they include bothtransnational andinternal
traffickingof U.S. citizens as well as foreignnationals.
Myth 2: Human trafficking is essentially a crime that
must involve some form of travel, transportation, or
movement across state or national borders.
Reality:The legal definitionof trafficking, as definedunder the
federal traffickingstatutes, does not require transportation.
Althoughtransportationmay be involvedas acontrol
mechanismto keepvictims inunfamiliar places, it is not a
requiredelement of the traffickingdefinition. Human
traffickingis not synonymous withforcedmigrationor
smuggling. Instead, humantraffickingis more accurately
characterizedas exploitation, aformof involuntary servitude,
or “compelledservice” where anindividual’s will is overborne
throughforce, fraud, or coercion.
Myth 3: Human trafficking is another term for human
smuggling.
Reality: There are many fundamental differences betweenthe
crimes of humantraffickingandhumansmuggling. Bothare
entirely separate federal crimes inthe UnitedStates. Most
notably, smugglingis acrime against acountry’s borders,
whereas humantraffickingis acrime against aperson. Also,
while smugglingrequires illegal border crossing, human
traffickinginvolves commercial sex acts or labor or services
that are inducedthroughforce, fraud, or coercion, regardless of
Although poverty can be a factor in human
trafficking because it is often an indicator of
vulnerability, poverty alone is not a single
causal factor or universal indicator of a human
trafficking victim.
Trafficking can occur in legal and legitimate
business settings as well as underground
markets. In some cases, traffickers out of
legitimate motels.
To effectively combat human trafficking, each of us needs to have a clear "lens"
that helps us understand what human trafficking is. When this lens is clouded
or biased by certain persistent misconceptions about the definition of trafficking,
our ability to respond to the crime is reduced. It is important to learn how to
identify and break down commonly-held myths and misconceptions regarding
human trafficking and the type of trafficking networks that exist in the United
States.
Myths and Misconceptions E-mail PrintShare
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2. whether or not transportationoccurs.
Myth 4: There must be elements of physical restraint,
physical force, or physical bondage when identifying a
human trafficking situation.
Reality:The legal definitionof traffickingdoes not require
physical restraint, bodily harm, or physical force.
Psychological means of control, suchas threats, fraud, or abuse
of the legal process, are sufficient elements of the crime. Unlike
the previous federal involuntary servitude statutes (U.S.C.
1584), the newfederal crimes createdby the Trafficking
Victims ProtectionAct (TVPA)of 2000 were intendedto
address “subtler” forms of coercionandto broadenprevious
standards that only consideredbodily harm. It is important for
definitions of humantraffickinginthe U.S. andaroundthe
worldto include awide spectrumof forms of coercioninorder
for the definitionto encompass all the ways that traffickers
control victims.
Myth 5: Victims of human trafficking will immediately
ask for help or assistance and will self-identify as a
victim of a crime.
Reality:Victims of humantraffickingoftendo not immediately
seek helpor self-identify as victims of acrime due to avariety
of factors, includinglack of trust, self-blame, or specific
instructions by the traffickers regardinghowto behave when
talkingto lawenforcement or social services. It is important to
avoidmakingasnapjudgment about who is or who is not a
traffickingvictimbasedonfirst encounters. Trust oftentakes
time to develop. Continuedtrust-buildingandpatient
interviewingis oftenrequiredto get to the whole story and
uncover the full experience of what avictimhas gone through.
Myth 6: Human trafficking victims always come from
situations of poverty or from small rural villages.
Reality:Althoughpoverty canbe afactor inhumantrafficking
because it is oftenanindicator of vulnerability, poverty alone is
not asingle causal factor or universal indicator of ahuman
traffickingvictim. Traffickingvictims cancome fromarange of
income levels, andmany may come fromfamilies withhigher
socioeconomic status.
Myth 7: Sex trafficking is the only form of human
trafficking.
Reality:Elements of humantraffickingcanoccur inthe
commercial sex industry as well as insituations of forcedlabor
or services. The federal definitionof humantrafficking
encompasses both“sex trafficking” and“labor trafficking,” and
the crime canaffect menandwomen, andchildrenandadults.
Myth 8: Human trafficking only occurs in illegal
underground industries.
Reality:Elements of humantraffickingcanbe identified
whenever the means of force, fraud, or coercioninduce aperson
to performcommercial sex acts, or labor or services.
Traffickingcanoccur inlegal andlegitimate business settings as
well as undergroundmarkets.
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3. Top Resources
HumanTrafficking
National HumanTraffickingResource
Center
Sex TraffickingintheU.S.
RecognizingtheSigns
TheVictims
Client Quotes
Myth 9: If the trafficked person consented to be in
their initial situation or was informed about what type
of labor they would be doing or that commercial sex
would be involved, then it cannot be human trafficking
or against their will because they “knew better.”
Reality: A victimcannot consent to be inasituationof human
trafficking. Initial consent to commercial sex or alabor setting
prior to acts of force, fraud, or coercion(or if the victimis a
minor inasex traffickingsituation)is not relevant to the crime,
nor is payment.
Myth 10: Foreign national trafficking victims are
always undocumented immigrants or here in this
country illegally.
Reality:Foreignnational traffickedpersons canbe inthe
UnitedStates througheither legal or illegal means. Although
some foreignnational victims are undocumented, asignificant
percentage may have legitimate visas for various purposes. Not
all foreignnational victims are undocumented.
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