The Trafficking Victims Protection Act (TVPA) is a US Federal Act that defines human trafficking victim as a person induced to perform labor or a commercial sex act through force, fraud, or by coercion (leaving out of deception, of abuse of power, or giving or receiving payments to achieve consent)
Any person under age 18 who performs a commercial sex act is considered a victim of human trafficking, regardless of whether force, fraud, or coercion was present. The TVPA enhances pre-existing criminal penalties in other related laws, affords new protections to trafficking victims and makes available certain benefits and services to victims of “severe” forms of trafficking once they become certified by the U.S. Department of Health and Human Services. Under this law, one option that has become available to some victims who assist in the prosecution of their traffickers is the “T-Visa” that allows the victim to remain in the United States.
Although the USA is a signatory of the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, the USA favors the TVPA (created by the US Federal Government) However, the TVPA may be in violation of international law as it is a hack job of the UN Palermo Protocol on Human Trafficking. The TVPA removes “of deception, of abuse of power, or giving or receiving payments to achieve consent”, and adds arbitrary and capricious terms like, “consent” and “severe”. It is speculation that the sex trade lobbyists may have influenced the TVPA. For example, see below:
TVPA has more of a focus on helping foreigners, and less, if any, for domestic women, Ex: Benefit of T’ Visa, allowing foreigners to remain in US.
TVPA makes a clear distinction between those who supposedly consent and those who are forced and are “severely” trafficked, when it comes to commercial sex. With the TVPA, “consent and severe” are important considerations as it pertains to trafficked victims, due to some of it’s key players, Senator Brownback and VP Joe Biden, when Biden was in the Senate, and most likely sex trade lobbyist influence. To RF “Consent” and “Severely” trafficked is arbitrary and capricious. Why do these numskull legislators consider “consent and severe” so important to know when a person is trafficked for commercial sex, but not important to consider with labor trafficked victims.
TVPA carries with it a tone of “Once the person is 18 y/o, then so-called consent makes that person not a victim of commercial sex. Hummmm, so the sex trade industry / strip clubs etc… can continue to sexually exploit domestic female US citizens in the sex trade, and it not be considered Trafficking or Illegal.
The Federal Law TVPA narrowed the number of women’s situations in it’s protections and it allows what is forbidden under the UN PP T, (see RED in chart) allowing for exploitation that is strictly prohibited under the UN PP T. The US may be in violation of our international obligations under the UN PP T, and thus a violation of International Law. But, Michigan and many activists within it’s anti-sex trafficking movements, unfortunately favor the TVPA. It is almost as if the pro-sex industry lobbyists have gotten their tentacles into the TVPV, to cover their asses!