The kneejerk response to stories about sex trafficking is to ramp up criminal laws and crackdown on the sex industry. We need a more nuanced approach.
Last night I watched the Four Corners special on ‘sex slavery’. I work as a lawyer representing women and men who have been trafficked to Australia but most of the time I’d rather watch YouTube videos of cats yowling than a sex trafficking doco.
Still, I turned on Four Corners to hear the story of two Chinese women who had been trafficked into the sex industry.
These are sad, brutal stories. And there are more like them.
In the last decade Australian authorities have identified over 140 victims of sex trafficking. Some women didn’t know they would be forced to work in sex industry, but most reported cases involve women who intended to work in Australian brothels.
The problem was after they arrived they found themselves in bondage, paying off “debts” of up to $53,000, working brutal hours in appalling conditions.
It’s easy to recoil in horror hearing stories about trafficking. It’s harder to have a conversation about how to prevent trafficking or offer meaningful remedies to those subjected to sexual servitude, slavery and forced labour.
Australia’s response to trafficking has changed dramatically from the days when victims of sex trafficking were deported.
In the last seven years, Australia has invested over $50 million in anti-people trafficking measures. Since 2004, over 180 victims of trafficking have received support from a government-funded support program run by Red Cross.
The Australian Federal Police have undertaken over 304 investigations into suspected cases of human trafficking, slavery and sexual servitude. There have been 14 convictions; the latest involved a case of labour trafficking in the hospitality industry.
People are always hungry to know the size of the trafficking problem. But no one really knows how many people are trafficked to Australia. So far, victims of trafficking that have been identified by the AFP are mostly women from poor countries in the Asia-Pacific region who have been exploited in the sex industry.
Watching Four Corners you could be forgiven for thinking trafficking only happens in the sex industry. But we know of other stories.
Of men in forced labour in suburban restaurants or women trafficked into domestic servitude and subjected to labour exploitation and sexual abuse.
Research by the Australian Institute of Criminology suggests labour trafficking in Australia is under-reported and even front-line agencies fail to spot the signs of abuse.
As a recent report by the Attorney-General observed, “it is possible that women working in the sex industry are over-represented among statistics on identified victims of trafficking simply because other forms of trafficking are under-reported and under-researched”.
Four Corners didn’t talk about labour trafficking but it’s an issue crying out for investigation, especially now the AFP is identifying a growing number of victims. In the last two years 19 men and 14 women have been identified as victims of labour trafficking outside the sex industry.
I think the reason I don’t like sex trafficking documentaries is that horror stories trump hope.
We see blurry visions of scantily clad sex workers but we don’t talk about how to prevent the substandard working conditions where people become vulnerable to criminal exploitation. We hear about victims. We don’t learn about survival.
This is why we need a better response than just ramping up criminal laws and cracking down on the sex industry. The critical distinction between sex trafficking and sex work is blurred. Labour trafficking and the more pervasive problem of exploitation of migrant workers remains out of sight.
The reality is trafficking occurs on a spectrum of exploitation from violations of workplace laws to, at worst, human trafficking and slavery. I understand that the outrage galvanises action, but the problem deserves a more nuanced response than calls to lock up traffickers.
Australia already has a raft of laws criminalising sex trafficking and a patchier collection of labour trafficking offences. Prosecuting traffickers is important but we shouldn’t kid ourselves that every case will lead to conviction or that prosecutions are the only path to what one of the women on Four Corners called ‘a kind of justice’.
What we really need to do better is protect the rights of people who have been exploited and abused here in Australia. The women and men I represent are survivors. People with families and hopes of finding a decent job.
They’re rebuilding their lives while dealing with the psychological and financial fallout from human trafficking.
Trafficked people can be forced to work without wages for months. Some suffer sexual abuse, others physical and psychological abuse.
Most endure months of exploitation in a country where they don’t know the language, don’t know Australian laws, and don’t know how to get help.
Post-traumatic stress disorder is common. Some people blame themselves. Avoiding homelessness can be tough. Money is scarce.
But despite the damage wrought by traffickers upon the lives of those they exploit, only a handful of people trafficked to Australia have obtained compensation as victims of crime.
None of the trafficking offenders convicted so far have been ordered to pay reparations to their victims.
Behind the scenes, advocates are working to improve support for trafficked people. Case workers are helping survivors enrol in English classes, find safe accommodation, train and apply for jobs, reunite with their kids, and claim compensation for the injuries they have suffered.
Some trafficked people are granted witness protection visas that let them live in Australia permanently. I remember reading one woman a values statement that the Department of Immigration asks every new resident to sign.
Given what happened to her in Australia, I thought she might be cynical about the part that says Australian society values the freedom of the individual and equality of men and women. But she couldn’t stop smiling.
‘Yes, yes”, she said. “Equality”.
This is the Australia I hope survivors of trafficking can discover. An Australia where they are not treated like property or pitiful stories, but where their rights are protected and respected; where they have the freedom to imagine the future, and that future looks good
Frances Simmons is a lawyer representing trafficked people in immigration and compensation matters as part of the free legal service provided by Anti-Slavery Australia. Visit www.antislavery.org.au.
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