Tackling Trafficking by Targeting Sex Buyers: Can It Work?

Abstract

The European legal instruments on human trafficking encourage states to tackle the demand for services of trafficked persons, for example, by making the use of services of a trafficked person a criminal offense. In Finland, buying sex from a trafficked person is a criminal offense. This article reports the results of an evaluation of the Finnish law and shows that the implementation has been inefficient. The authors argue that with an amendment of the law, the implementation could be improved but a truly efficient policy would require a total ban of sex purchase along the lines of the Swedish model.

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“…Since the Palermo Protocol, the European Trafficking Convention in 2005 included legal recommendations for states to tackle the demand for services from trafficked individuals. Sweden, Norway, and Iceland implemented a total ban on sex work; that is, any purchase of sex (trafficked or other sex worker) is a criminal offense (Niemi & Aaltonen, 2016). These countries have seen a sharp decline in the sex industry, since upon inception, almost all buyers were prosecuted and convicted.…”

“…Finland implemented a law that stipulates a minor offense only to buyers of sex from a person who has been trafficked or procured (Niemi & Aaltonen, 2016). The statistics in 2013 show 379…”

“…In Europe, the Palermo Protocol discourages demand for sex by legislative, educational, cultural, and social measures (Niemi & Aaltonen, 2016). Since the Palermo Protocol, the European Trafficking Convention in 2005 included legal recommendations for states to tackle the demand for services from trafficked individuals.…”

“…This would help to reduce demand and the economic benefits of human trafficking for both the patrons and the traffickers. Reducing demand could effectively help to end human trafficking (Niemi & Aaltonen, 2016). Many buyers are rational (i.e., they weigh the risks before making the determination to participate in any illegal act); they purchase commercial sex only if the physical and psychological benefits outweigh the financial costs, legal costs, and social stigma (Heil & Nichols, 2014;Miller, 2016;Yen, 2008).…”

“…investigations, 198 prosecutor's decisions, 73 prosecutions, and 34 convictions (Niemi & Aaltonen, 2016). The buyers were investigated but the offenses were difficult to prove.…”