The Myth of Initial Consent
Published October 25, 2009 @ 09:00AM PT
No one can consent to slavery. Period. But there is a myth that if a trafficked person initially agreed to be in the country or industry that they were eventually enslaved in, that initial consent somehow mitigates the fact that they are being forced to work against their will. Despite what else they may have consented to, no one consents to slavery.
This myth most commonly manifests itself with victims trafficked into prostitution. Let's say Katya is Ukranian and is looking for a way to support her family. She goes to an international job broker who tells her she can make serious money in stripping and prostitution in Jamaica at the clubs and resorts. They discuss the terms, and she signs a contract that states she will choose her own hours, her own clients, and be able to set the prices for her sex acts within a certain range. She'll also give 10% of what she earns to the company. Katya is fine with working in the commercial sex industry and engaging in prostitution under these terms, and plans to save the money she makes in Jamaica for a year and then return to Ukraine. When Katya arrives in Jamaica, she is met by Sam who takes her to a brothel. There, Sam takes her passport, punches her in the face, and rapes her. He tells her she must give half of what she earns from stripping and prostitution to him, but can keep the other half. If Katya tries to refuse a buyer or take a night off, Sam beats her. He won't return her passport, so she is unable to leave the country. Katya never thought prostitution would be like this. Is Katya a trafficking victim?
Yes. The fact that she agreed to work in prostitution voluntarily does not mean she is not a slave now. Katya consented to a work situation that included commercial sex (even illegally), but one where she was free to refuse or leave. The reality for Katya was that she was not free to leave and was held in prostitution by violence. She was not allowed to keep the money she earned or make choices about who she provided sexual services to.
Here's another example. Miguel is approached by Andres in his town in Peru and offered a job picking asparagus about 100 miles away. The Andres tells Miguel he will have to pay off a $500 debt for the cost of travel to the farm and room and board while he works there, but that the debt should be paid off within a few weeks, and Miguel can keep the rest of his wages for the season. Andres knows Miguel's cousin, so he seems trustworthy, and Miguel takes the job. When they get to the farm, the men are told that the trip was more expensive than they thought and they each now must work off $800. A few weeks later, Miguel asks when he will start to receive his wages and is told that the price of food has increased, so they now owe a debt of $1000 for room and board. Eventually, Miguel and some other men demand their wages and threaten to leave or go to the police. Andres refuses and threatens to shoot them if they go to the police. He tells them he will kill their children if they don't keep working. Is Miguel a trafficking victim?
Yes. Miguel agreed to take on a certain amount of debt, but that debt increased unfairly and with no explanation. When he tried to take his wages or leave the situation, he and his family were threatened with violence. Even if a person agrees to pay off a debt, they have not consented to debt bondage. Even though Miguel initially consented to work for Andres, Andres used force, coercion, or deception to keep him there, thus trafficking him.
Photo credit: Robyn Gallegher
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Comments (4)
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Indeed miss kloer...
I agree...
In both examples the truth was misrepresented in order to place those people in the power of others...
Posted by Thomas McHugh on 10/25/2009 @ 02:11PM PT
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It is in fact a myth. No one agrees to there own abuse or enslavement. The examples you give are examples of deception and deception in any form is something done against your will or consent. These are victims who may have put themselves in situation to be victimized through desperation or ignorance but victims just the same. They where prayed on abused and enslaved pure and simple.
Keep up the great work Amanda. I am your biggest fan
M Jack
alenow.org
Posted by Matthew Jack on 11/02/2009 @ 02:31PM PT
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This reminds me of the argument that a person can consent to rape if she or he instigates the act by wearing revealing clothing or behaving flirtatiously.
Such arguments are soundless and blind to the value of human life and choice. Just because an imbecile can justify a foolish idea with twisted, inhumane logic does not grant the fool the right to abuse others.
I enjoyed reading your ideas, and am incredibly impressed by your motivation and work.
Thomas
Posted by Thomas Jackson on 11/05/2009 @ 06:53PM PT
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There is a lot of controversy over the numbers of adult woman who are forced sex slaves. The real factual answer is that no one knows. There is hard evidence that the sex slavery/sex trafficking issue continues to report false information and is greatly exaggerated by politicians, the media, and aid groups, feminist and religious orgainzations that receive funds from the government, The estimate of women who become new sex slaves ranges anywhere from 20 million a year to 5,000 per year all of which appear to be much too high. They have no evidence to back up these numbers, and no one questions them about it. Their sources have no sources, and are made up numbers. In fact if some of these numbers are to believed which have either not changed or have been increased each year for the past twenty years, all woman and children on earth would currently be sex slaves. Yet, very few real sex slaves have been found.
“If media reports on sex trafficking in Nepal are to be believed, there would be no young girls left in Nepal at this time”
A key point is that on the sidelines the prostitutes themselves are not being listened to. They oppose laws against prostitution. But no one wants to listen to the prostitutites themsleves. Only to the self appointed experts that make up numbers and stories.
It is not easy for crimanals to engage in this acitvity:
Sex trafficking is illegal and the pentities are very severe. It is very difficult to force someone to be a sex slave, they would have to have 24 hour guards posted and be watched 365 days a year, 24 hours per day. Have the threat of violence if they refused, and have no one notice and complain to the authorities or police. They would need to hide from the general public yet still manage to see customers from the general public. They would need to provide them with medical care, food, shelter, and have all their basic needs met. They would need to have the sex slaves put on a fake front that they enjoyed what they were doing, act flirtatious and do their job well. They would have to deal with the authorities looking for the missing women, and hide any money they may make, since it comes from illegal activity. They must do all of this while constantly trying to prevent the sex slaves from escaping and reporting them to the police. This is extremely difficult to do, which makes this activity rare.
What hard evidence does the police have that these women were forced slaves? Were all the women that the police saw in fact slaves? Did the police prove without a doubt due to hard concrete evidence that the women were victims of being slaves and forced against their will? Did they account for all the victim benefits they would receive if they lied?
I find it very hard to believe that most women in this business are forced against their will to do it. It would just be too difficult. There may be some exceptions but, I believe this is an attempt to over inflate an issue in order to get more government money to fight this cause. As a tax payer, voter, and resident I don’t want the government to mislead me.
The following links will give your more information about this
Washington post article:
http://www.washingtonpost.com/wp-dyn/content/article/2007/09/22/AR2007092201401.html
Human traffic website:
http://traffickingwatch.org/node/18
http://www.justice.gov/oig/reports/OJP/a0826/final.pdf
Guardian newspaper:
http://www.guardian.co.uk/uk/2009/oct/20/government-trafficking-enquiry-fails
http://www.guardian.co.uk/uk/2009/oct/20/trafficking-numbers-women-exaggerated
http://www.theregister.co.uk/2009/10/22/gov_proposals/print.html
India newspaper:
http://www.thehoot.org/web/home/story.php?storyid=3622&mod=1&pg=1§ionId=9&valid=true#
http://www.bayswan.org/traffick/Weitzer_Criminologist.pdf
http://www.spiked-online.com/index.php?/site/article/2850/
Posted by jeff lewis on 11/20/2009 @ 10:24AM PT
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