Sexual violence as a form of Trafficking
At the European Union level, trafficking in human beings is a criminal offence when a person is recruited, transported, transferred, harboured or received by means such as coercion, threat, use of force, deception, abuse of vulnerability or abuse of power for the purpose of exploitation.
Where the purpose of exploitation is sexual in nature, this includes:
- Exploitation of the prostitution of others
- Other forms of sexual exploitation
- Sexual slavery or practices similar to slavery
When women and girls are trafficked for these purposes, this constitutes:
- A serious criminal offence under EU law
- A form of violence against women
- A form of gender-based violence, as women and girls are disproportionately affected
Trafficking for sexual exploitation is recognised in EU law and policy as a gendered crime, because it is closely linked to structural gender inequality, discrimination, and power imbalance.
The “purpose” element of trafficking becomes sexual violence when the exploitation involves:
- Forced prostitution
- Forced participation in pornography
- Sexual services under coercion
- Sexual abuse used as a method of control
- Sexual slavery
- Online-facilitated sexual exploitation
Sexual violence in the trafficking context may occur:
- As the core objective of the exploitation
- As a method of coercion or control
- As a means of punishment or intimidation
- As part of systematic exploitation for profit
Amending Directive 2011/36/EU; defines trafficking, exploitation (including sexual exploitation, exploitation of prostitution of others, slavery or practices similar to slavery) and strengthens gender-specific obligations.
Recognises gender-based violence against women and establishes criminal-law and victim-protection standards at EU level, including sexual violence and support obligations.
Rape is non-consensual sexual intercourse or penetration. In the trafficking context, rape may occur as a method of coercion, control, punishment, or exploitation of the victim and constitutes sexual violence.
Violence against Women Directive, provisions on sexual violence and rape-related victim protection.
Sexual exploitation in the context of trafficking in human beings
Sexual exploitation in trafficking refers to the use of a person for sexual activities from which another person profits, including exploitation of prostitution or other forms of sexual exploitation, obtained through coercion, abuse of vulnerability, deception or similar means.
The “Loverboy” method refers to a recruitment and control strategy used in human trafficking in which a perpetrator (often a man) deliberately establishes a seemingly romantic relationship with a usually young girl or woman in order to create emotional dependency, trust, and attachment.
Once dependency is established, the perpetrator manipulates, coerces, or pressures the victim into sexual exploitation, typically for financial gain.
The “Loverboy” method is not a separate criminal offence, but a modus operandi that falls within the legal definition of trafficking in human beings when the required legal elements are met.
Read more: europol.europa.eu
In EU trafficking law, prostitution becomes criminally relevant when there is exploitation of the prostitution of others, meaning a third party profits from or controls a person’s prostitution through coercion, abuse of vulnerability, or similar means.
Pornography in the trafficking context refers to the production, distribution or use of sexual content involving a trafficked person for the purpose of sexual exploitation and profit. It is covered under “other forms of sexual exploitation.”
Online exploitation refers to the use of digital platforms, online services or communication technologies to recruit, control, advertise, exploit or profit from victims of trafficking for sexual exploitation.
Sexual slavery is a situation where a person is exercised over with powers attaching to ownership, including control over movement and sexual autonomy, for sexual exploitation. Practices similar to slavery include severe forms of control and exploitation equivalent to ownership.
Indicators of sexual exploitation are observable signs suggesting a person may be under control, coercion, or exploitation for sexual purposes, such as restriction of movement, fear, dependency, confiscation of documents, or evidence of sexual abuse. EU law requires mechanisms for early identification and referral of victims.
Read more: Directive (EU) 2024/1712, Art. 2
