COMMERCIAL SEXUAL EXPLOITATION: HUMAN SEX
TRAFFICKING & NON-CONSENSUAL PORNOGRAPHY
EDITED BY KYLE CASEY, JESSICA FLYNN, JULIA STURGES, SERENA DINESHKUMAR,
MELL CHHOY, AND HATTIE PHELPS
I. HUMAN SEX TRAFFICKING .................................. 425
A. CRIMES & DEFENSES RELATED TO HUMAN SEX TRAFFICKING . . . . . 426
B. FEDERAL REGULATION OF HUMAN SEX TRAFFICKING . . . . . . . . . . . 428
II. NON-CONSENSUAL PORNOGRAPHY ..
.
........................... 431
A. REGULATION OF NON-CONSENSUAL PORNOGRAPHY ............. 432
B. CRIMES RELATED TO NON-CONSENSUAL PORNOGRAPHY . . . . . . . . . 432
C. CIVIL REMEDIES FOR NON-CONSENSUAL PORNOGRAPHY . . . . . . . . . 434
I. HUMAN SEX TRAFFICKING
According to the Office of the Attorney General for the District of Columbia,
human trafficking is tied with the illegal arms industry as the second largest crim-
inal industry in the world, behind only drug trafficking.
1
Human Trafficking Fact Sheet, OFF. OF THE ATT’Y GEN. FOR THE DIST. OF COLUMBIA, https://
perma.cc/FF6Q-BVPC.
The Trafficking Victims
Protection Act of 2000 (TVPA) defines sex trafficking as “the recruitment, harbor-
ing, transportation, provision, obtaining, patronizing, or soliciting of a person for
the purpose of a commercial sex act.”
2
Human trafficking is distinct from human
smuggling, which involves consent on the part of the individual being trans-
ported,
3
and is distinct from sex work.
4
Sex Work vs. Trafficking: How they are Different and Why it Matters, YALE GLOB. HEALTH JUST.
P’SHIP (June 2020), https://perma.cc/UQ3R-GWJF.
Additionally, human trafficking is not lim-
ited to the sex industry, and can include various labor, health, and human rights
violations.
5
Severe forms of trafficking include those in which the commercial sex
act is induced by force, fraud, or coercion, and impacts 700,000 persons annually,
primarily women and children.
6
Human sex trafficking survivors are typically
youth runaways
7
or immigrant women and children who are trafficked within or
across international borders.
8
Though the TVPA does not require that survivors be
1.
3. This distinction is important because “U.S. State Department guidelines treat persons who were
smuggled into the United States as criminals in violation of federal immigration laws, but treat
involuntarily trafficked persons as victims.” Derek Pennartz, The Irony of the Land of the Free: How
Texas Is Cleaning Up Its Human Trafficking Problem, 12 TEX. TECH. ADMIN. L.J. 367, 371 (2011)
(citing OFFICE OF THE ATTORNEY GEN., THE TEX. RESPONSE TO HUMAN TRAFFICKING REP. TO THE 81
ST
LEG. 10 (2008)).
4.
7. Marilyn Tobocman & Diane Citrino, Human Trafficking in Our Backyard: What Can Lawyers
Do?, FED. LAW., (Apr. 2014) at 16.
425
