International Journal of Cultic Studies ■ Vol. 9, 2018 23
threatening to send video or photographs
home.
336F
337 Similarly, cults have publicly
humiliated their members to set examples of
behavior.
337F
338
C. Human Trafficking As Distinguishable
From Other Crimes
Human trafficking can easily be confused with
related crimes. It is important to understand that
the crux of the crime of human trafficking is not
the transportation of persons, but the use of force
to obtain labor or service of a person.
338F
339 Unlike
other crimes that require the offender to take the
victim across a jurisdictional border (for
example, from one state within the United States
to another, or from one country to another), the
international definition of human trafficking
does not require a cross-border transgression.
339F
340
In fact, “[g]lobally, 29 percent of trafficked
persons are enslaved in the area where they
normally reside.”
340F
341
Nor is human trafficking the same as migrant
smuggling, although traffickers can be charged
with smuggling. Again, central to the crime of
trafficking is what happened once the victims
were enslaved. Thus, smuggling, though also a
crime involving deceitful transport, is not the
same thing as trafficking.
341F
342
Trafficking is also distinguishable from
prostitution. Prostitution, whether legal or not in
its jurisdiction, is viewed as a consensual act
between adults.
342F
343 Sex trafficking, in contrast, is
forced prostitution by an unwilling member.
343F
344
Finally, trafficking is not the same thing as child
labor. Sadly, some countries outside of the
United States do not have laws that protect
children from working as laborers in dangerous
conditions.
344F
345 Families that have their children
337 Id.
338 See Bulwer, supra note 79 (discussion re: Berg and Merry).
339 See HYLAND &SREEHARSHA, supra note 240, at 31.
340 See U.N. Fact Sheet No. 36, supra note 249, at 3.
341 HYLAND &SREEHARSHA, supra note 240, at 31 (citing Int’l
Labour Org., Global Estimate of Forced Labour (2012)).
342 See HYLAND &SREEHARSHA, supra note 240, at 31 U.N. Fact
Sheet 36, supra note 249, at 3.
343 U.N. Fact Sheet 36, supra note 249, at 41.
344 See HYLAND &SREEHARSHA, supra note 240, at 31.
345 See id. at 32.
work in impoverished countries for low wage
and for long hours in harmful conditions fall
outside of what is considered trafficking.
345F
346
III
Using Human Trafficking Strategies to
Combat Destructive Cults
Despite legislation, a high number of trafficking
victims go undetected and evade authorities,
346F
347
as do cults victims and their leaders. Critics
complain that not enough resources have been
expended to prosecute human traffickers,
rendering the laws ineffective.
347F
348 Significant
resources and effort should be devoted to
preventing and combating both traffickers and
cults.
A. Applying Criminal Trafficking Statutes to
Prosecute Cult Leaders
Depending upon the criminal acts perpetrated by
the cult leader, conceivably various statutory
sections of the trafficking laws would be
violated.
348F
349 For instance, cults that rely on sex to
recruit new members may be committing illegal
“commercial sex acts” which are defined in the
anti-trafficking statute as “any sex act on
account of which anything of value is given to or
received by any person.”
349F
350 The phrase
“anything of value” could translate to the cult
context if that phrase is read as encompassing a
broad range of benefits brought to a cult through
sexual exploitation of its adherents to recruit
new members.
The provisions that protect children from sex
trafficking provide, in relevant part, that a
person may not “knowingly. ...(2) benefit[]
financially or by receiving anything of value,
346 See id.
347 See id. at 38.
348 See Tiefenbrun, supra note 323.
349 See, e.g., 18 U.S.C. § 1589(a), an omnibus provision
prohibiting forced labor, and other provisions of TVPA, discussed
infra.
350 22 U.S.C.A. § 17102 (West 2015). Defined in the anti-
trafficking statute as “any sex act on account of which anything of
value is given to or received by any person.” The phrase “anything
of value” could translate to the cult context if that phrase is read as
encompassing a broad range of benefits brought to a cult through
sexual exploitation of its adherents to recruit new members.
threatening to send video or photographs
home.
336F
337 Similarly, cults have publicly
humiliated their members to set examples of
behavior.
337F
338
C. Human Trafficking As Distinguishable
From Other Crimes
Human trafficking can easily be confused with
related crimes. It is important to understand that
the crux of the crime of human trafficking is not
the transportation of persons, but the use of force
to obtain labor or service of a person.
338F
339 Unlike
other crimes that require the offender to take the
victim across a jurisdictional border (for
example, from one state within the United States
to another, or from one country to another), the
international definition of human trafficking
does not require a cross-border transgression.
339F
340
In fact, “[g]lobally, 29 percent of trafficked
persons are enslaved in the area where they
normally reside.”
340F
341
Nor is human trafficking the same as migrant
smuggling, although traffickers can be charged
with smuggling. Again, central to the crime of
trafficking is what happened once the victims
were enslaved. Thus, smuggling, though also a
crime involving deceitful transport, is not the
same thing as trafficking.
341F
342
Trafficking is also distinguishable from
prostitution. Prostitution, whether legal or not in
its jurisdiction, is viewed as a consensual act
between adults.
342F
343 Sex trafficking, in contrast, is
forced prostitution by an unwilling member.
343F
344
Finally, trafficking is not the same thing as child
labor. Sadly, some countries outside of the
United States do not have laws that protect
children from working as laborers in dangerous
conditions.
344F
345 Families that have their children
337 Id.
338 See Bulwer, supra note 79 (discussion re: Berg and Merry).
339 See HYLAND &SREEHARSHA, supra note 240, at 31.
340 See U.N. Fact Sheet No. 36, supra note 249, at 3.
341 HYLAND &SREEHARSHA, supra note 240, at 31 (citing Int’l
Labour Org., Global Estimate of Forced Labour (2012)).
342 See HYLAND &SREEHARSHA, supra note 240, at 31 U.N. Fact
Sheet 36, supra note 249, at 3.
343 U.N. Fact Sheet 36, supra note 249, at 41.
344 See HYLAND &SREEHARSHA, supra note 240, at 31.
345 See id. at 32.
work in impoverished countries for low wage
and for long hours in harmful conditions fall
outside of what is considered trafficking.
345F
346
III
Using Human Trafficking Strategies to
Combat Destructive Cults
Despite legislation, a high number of trafficking
victims go undetected and evade authorities,
346F
347
as do cults victims and their leaders. Critics
complain that not enough resources have been
expended to prosecute human traffickers,
rendering the laws ineffective.
347F
348 Significant
resources and effort should be devoted to
preventing and combating both traffickers and
cults.
A. Applying Criminal Trafficking Statutes to
Prosecute Cult Leaders
Depending upon the criminal acts perpetrated by
the cult leader, conceivably various statutory
sections of the trafficking laws would be
violated.
348F
349 For instance, cults that rely on sex to
recruit new members may be committing illegal
“commercial sex acts” which are defined in the
anti-trafficking statute as “any sex act on
account of which anything of value is given to or
received by any person.”
349F
350 The phrase
“anything of value” could translate to the cult
context if that phrase is read as encompassing a
broad range of benefits brought to a cult through
sexual exploitation of its adherents to recruit
new members.
The provisions that protect children from sex
trafficking provide, in relevant part, that a
person may not “knowingly. ...(2) benefit[]
financially or by receiving anything of value,
346 See id.
347 See id. at 38.
348 See Tiefenbrun, supra note 323.
349 See, e.g., 18 U.S.C. § 1589(a), an omnibus provision
prohibiting forced labor, and other provisions of TVPA, discussed
infra.
350 22 U.S.C.A. § 17102 (West 2015). Defined in the anti-
trafficking statute as “any sex act on account of which anything of
value is given to or received by any person.” The phrase “anything
of value” could translate to the cult context if that phrase is read as
encompassing a broad range of benefits brought to a cult through
sexual exploitation of its adherents to recruit new members.
