Between voluntary prostitution and sexual exploitation : A comparative case study on the ability to combat human trafficking within different legal approaches to prostitution

Sammanfattning

Human trafficking for sexual purposes has been shown to be closely linked to prostitution. The former is internationally prohibited through the Palermo Protocol, which provides an acknowledged definition of human trafficking and imposes liability on states to combat it. However, prostitution is not addressed in the framework. In the literature and theory development, two positions can be identified regarding prostitution and policies to regulate it. One side recognizes prostitution as oppression and calls for prohibition on sex purchase and third-party involvement. The other side views prostitution as an ordinary occupation and advocates decriminalization. The aim of this study is to investigate the ability to combat human trafficking within different prostitution policy regimes by analyzing and comparing Sweden and New Zealand - two countries with different legal approaches. The material consists of domestic laws, crime statistics and court decisions. The central findings of this study are that prostitution is not easily distinguished from sexual exploitation, and that the ability to prosecute crimes of exploitation seems to be dependent on how third-party involvement is addressed in domestic legislation. The results suggests that impartial criminalization, as found in Sweden, offers more effective tools for prosecuting offenders.