In 2007, the Office for Women commissioned the Australian Institute of Criminology (AIC) to undertake research on the issue of trafficking of women for sexual purposes: barriers to victim detection, identification and reporting and the successful prosecution of traffickers.
The research was intended to identify key lessons learnt both from the international literature and also from the Australian experience to date, about some of the challenges and issues that might arise when identifying victims of trafficking, and investigating and prosecuting offenders.
Methodology
As part of this research project, the AIC reviewed the key literature on the challenges involved in detecting, investigating and prosecuting trafficking offences. The findings were consolidated into two short papers (David 2007; David 2008).
The AIC also conducted interviews with representatives from a number of organisations that have been involved in the response to human trafficking in Australia (Appendix A). Interviews were sought with individuals who have firsthand experience of responding to trafficking in persons. This included those who have been directly involved in:
- providing support to victims of trafficking
- detecting trafficking cases
- investigating known cases
- prosecuting trafficking cases.
Interviews sought to elicit information about the key issues, challenges or barriers that have arisen in known trafficking cases to date, as they relate to victim identification, and the investigation and prosecution of offenders. Interviews also sought to understand 'lessons learnt' from this experience. The AIC also reviewed case transcripts, where these were available, for prosecutions undertaken in Australia, along with relevant supplementary literature. The findings from the field research component of this project are documented in this report.
Issues in the research process
From a statistical perspective, the number of people who have been involved either as suspected victims of trafficking, as alleged offenders, or even as investigating officers and prosecutors is relatively small. This has several implications. First, it is difficult to draw meaningful trends from such a small number of cases. Second, it can be difficult to de-identify both the source and the subject of information. This is particularly serious where the information relates to a matter that is either still under investigation or before the courts. Accordingly, some information received during the research has not been included.
While this research was conducted at one particular point in Australia's response to trafficking in persons – most interviews were conducted between April and October 2007 – it is important to note that responses in this area are growing and changing rapidly. For example, during the short life of this research project, the Australian Government announced a further $26.3m in funding for initiatives to combat trafficking in persons, the Victorian Government became the first Australian jurisdiction to introduce a victim support program and the Commonwealth Director of Public Prosecutions (CDPP) sought leave to appeal a case (R v Wei Tang [2007] VSCA 134) involving interpretation of the federal slavery laws to the High Court.
Given the rapid pace of change, it was important in interviews to try to distinguish between issues that have arisen but been overcome through recent reforms (historical issues), and issues that have arisen and look likely to continue (current issues). However, this was not always possible as individuals had access to different levels and types of information, at different points in time. To ensure this report is as current as possible, information has been included about some developments that have taken place either during or after the research phase was completed.
Finally, this project had a specific focus on trafficking in women for the purposes of sexual exploitation. It is impossible to escape the politics involved in any discussion of this issue. The area of middle ground on the issue of trafficking for the purposes of sexual exploitation has grown considerably in recent years. This has been greatly assisted by the adoption of a shared definition of trafficking, through the United Nations Trafficking Protocol. However, several significant points of tension remain. For example, one person's 'rescue from exploitation' is another person's interrupted contract of employment, with ramifications for capacity to repay debt and support a family. Points of disagreement and debate are an important part of a free and open society. Meaningful debate can only be fostered by information sharing and making space for all voices to be heard. It is hoped that this report will make a small contribution to information sharing, by presenting information about key elements of the Australian anti-trafficking response to date, along with some of the different views that emerged in interviews.