Anti-trafficking legislation around the world - recent US and global trends

Jonathan Drimmer

Steptoe, Washington, DC

jdrimmer@steptoe.com

Elektra Sereti

BA Candidate, SciencePo, Paris

Introduction

Some 98 per cent of countries surveyed[1] by the UN Office on Drugs and Crime (UNODC) have laws against trafficking, yet over 50 million people are enslaved around the world. Women and girls are a majority of the victims, with increasing reports of child victims. Trafficking for forced labour is also increasing, generating $236bn in profits annually, according to the International Labour Organization.[2] These trends have consistently been growing since the Covid-19 pandemic, with a 25 per cent increase in victims from 2019 to 2022. According to the UNODC 2024 Global Report on Trafficking in Persons,[3] child trafficking, trafficking for forced labour and forced criminality are all on the rise, as widespread poverty, conflict and the climate crisis have increased vulnerabilities to such activities.

Global attention has now turned to addressing human trafficking. In the United States, recent legislative proposals include increased victim protections, additional trafficking-related penalties, new administrative departments to address trafficking, new trial and evidentiary procedures and technology-related initiatives. Each of these areas also appears in global legislation aimed at combatting the problem. As policymakers around the world consider further steps to address trafficking in their home jurisdictions, this body of existing initiatives provides a series of options.

Trafficking in the US

In the US, there is a visible and dedicated focus on combatting sex and labour trafficking. In addition to hundreds of lawsuits[4] on the matter across a range of industries, there has been a recent legislative flurry in regard to combatting human trafficking. These include victim-focused protections and remedies, penalty enhancement for trafficking, dedicated anti-trafficking agencies, technology-related efforts and training.

Victim protection and legal enhancements

Significant recent legislative efforts have involved access to justice and victim protections. In Michigan, for instance, new laws[5] allow hearsay statements from trafficking survivors to be admitted in court and relevant prior acts to be used as evidence of trafficking offences, expanding relevant evidentiary considerations. Alabama recently adopted laws[6] that criminalise the concept of providing support for trafficking and increase the ability of survivors to obtain restitution. Hawaii has now adopted measures[7] that extend the statute of limitations for trafficking survivors to file civil actions against companies. Maryland has adopted a law[8] establishing statewide standards for the use of facial recognition technology in criminal investigations. These standards build on measures, which exist in a number of states,[9] that protect victims through principles of non-punishment, providing immunity for prosecution – particularly for youths – or diversion to rehabilitative services and allowing victims to assert a lack of consent as an affirmative defence to criminal charges.

At the federal level, anti-trafficking legislation is treated as a bipartisan issue. Regarding victim protection, the Trafficking Survivors Relief Act of 2025[10] would allow for the expungement of certain arrests for victims of trafficking. Notably, the Frederick Douglass Human Trafficking Survivors Employment and Education Program,[11] a federal initiative currently being considered, would provide reintegration support for trafficking survivors through the provision of social services, life skills training, employment and education.

Penalty enhancement

Another common area of US state legislative focus is penalty enhancements. Every state has laws penalising human trafficking, although the definition of ‘trafficking’ and such offences differ. A number of states also permit penalty enhancements when trafficking involves children and vulnerable populations. Recent activity builds on that base, including in Texas, which signed into law penalty enhancements for traffickers who target children and vulnerable victims. In California[12] and Florida,[13] new laws have been introduced that increase criminal penalties for sex and labour trafficking offences. Utah’s new legislation[14] similarly escalates aggravated human trafficking and labour trafficking to a first-degree level felony.

New dedicated governmental entities

Many US states have also considered and created new departments to focus on trafficking related issues, enabling a focused response to such activities. For instance, Alaska[15] is considering a law to create a council on human and sex trafficking. Similarly,[16] Florida now has a Statewide Council on Human Trafficking, Michigan has a Commission on Human Trafficking and Indiana has the Indiana Protection for Abused and Trafficked Humans Task Force (IPATH).

Training and awareness

Another common area of legislation is awareness raising. These activities may include laws focusing on information dissemination and awareness campaigns, as well as training. For instance, in Maryland,[17] there is mandatory trafficking training for directors of student services, along with the distribution of resource information to schools. Virginia[18] has a programme focusing on training first-year students in public colleges regarding trafficking awareness and prevention. There are also a variety of states that require training for healthcare providers, among others. Most states[19] have laws requiring public agencies to train their staff to recognise and report human trafficking crimes.

Technology

Legislation has increasingly been used to address online trafficking and exploitation. The federal REPORT Act,[20] adopted last year, expands the mandatory reporting obligations of online platforms to the National Center for Missing and Exploited Children (NCMEC) to include child sex trafficking and online enticement and increases the penalties for failing to make such reports. The Preventing Child Sex Abuse Act[21] also strengthened federal protection against online exploitation and The Fight Online Sex Trafficking Act[22] has existed for several years, meaning that websites and online platforms can be held liable for knowingly assisting sex trafficking. In a similar vein, new legislation in Florida[23] increases penalties for the use of tracking devices (such as air tags) or mobile apps to facilitate crimes such as human trafficking.

International trends

Internationally, there has also been a sharp uptick in government-driven anti-trafficking initiatives. These initiatives have different motivations, including promoting tourism and improving a jurisdiction’s global image and increased international cooperation in anti-trafficking efforts. While US efforts have been ongoing for some time, the international focus on human trafficking is relatively new, but largely mirrors US trends.

Victim protection and legal enhancements

Akin to the US, countries globally are increasing victim protection and support and honing the legal definitions of such crimes. They are doing so in five ways as follows:

• firstly, countries are including principles of non-punishment in such initiatives, such as protecting victims against crimes committed during the time they were trafficked, as seen in recent legislative amendments in Pakistan[24] and Spain;[25]
• secondly, countries are adopting laws to protect minors. For example, in 2025, Hyderabad,[26] an Indian state, created the Juvenile Bureau Team to protect children from child labour, trafficking and bonded labour, working with the Child Welfare Committee to repatriate missing juveniles;
• thirdly, new laws are being enacted to provide emotional support to victims. For instance, Vietnam’s new 2025 law,[27] the Law on Human Trafficking Prevention and Combat,[28] anticipates the provision of victim support regardless of the person’s native language, religion or health status, and increases the amount of emotional support provided. In Panama,[29] a recent law includes promoting social reintegration and compensation mechanisms. It also clarifies the definition of trafficking, addresses digital technologies and Fintech, and seeks to promote collaboration among government agencies and civil society;
• fourthly, as in the US, several countries have modified their evidentiary approaches to further protect trafficking victims. The Dominican Republic[30] amended its law on sex trafficking in cases involving child victims, removing a requirement that force, fraud or coercion must be proven. Ireland[31] has increased the requirements surrounding character evidence at sentencing hearings for individuals convicted of sexual offences. Ireland[32] also now ensures anonymity for victims in all trials for sexual offences, extends the right to legal representation for victims if they are being questioned about their past sexual history and ensures that character evidence at sentencing hearings for individuals convicted of sexual offences must be made under oath or through affidavit; and
• fifthly, countries are clarifying and sometimes expanding the definitions of criminalised activity. In Pakistan, the main amendments to the Prevention of Trafficking in Persons Act[33] focus on detailing what constitutes sexual exploitation, replacing broader terms with narrower examples and including specific examples of acts under clauses such as ‘organised beggary’. In the Dominican Republic, Act No 63-24[34] expands the definition of trafficking to include forced begging, sexual exploitation, pornography, forced work and organ harvesting, among other forms of exploitation.

Penalty enhancement

Like the US, countries around the world have also increased the penalties for involvement in trafficking. Pakistan[35] extended trafficking sentencing from seven to ten years, with a fine reaching up to INR 1m. In certain cases, the sentence can be 14 years with a fine of INR 2m. In the Dominican Republic,[36] perpetrators shall be sentenced to 20–25 years and fined, with enhancements where victims are minors or disabled. Last year, Romania passed a law increasing minimum sentences[37] from three to ten years to five to 12 years, with up to 15 years for aggravated forms of trafficking and crimes involving vulnerable populations.

New departments and specialised tribunals

Similar to the US approach, other countries are creating new departments focused on trafficking. For instance, Saudi Arabia’s Ministry of Interior established the General Department for Community Security and Combating Human Trafficking Crimes,[38] linked to the General Directorate of Public Security, to combat crimes that include trafficking.

However, one trafficking trend not seen in the US involves dedicated judicial tribunals. In Pakistan,[39] if an offence involves transporting a victim into or out of Pakistan, it will be tried by Special Courts,[40] which include designated judges. Ecuador[41] has also established special constitutional courts to speed up prosecutions, overseen by specially trained judges to reduce the ability of criminal networks to influence decisions. Spain[42] has specialised prosecutors and judges that deal with such cases and plans to create specialised tribunals for all crimes against children.

Technology

Like the US, global governments are also adopting laws surrounding technology. Such laws may enable criminal investigations and prosecutions in the context of human trafficking. For instance, in March 2025, the Swedish government proposed a new law that would allow the police to use real-time facial recognition[43] to locate or identify human trafficking victims and perpetrators. Governments are also increasingly focusing on social media and the digital space, seeking to prevent traffickers from finding victims. As an example, the UK proposed a ban on pimping[44] websites, which was designed to rewrite legislation on the sexual exploitation of women, making it a criminal offence to ‘enable or profit from the prostitution of another person, including by operating a website hosting adverts for prostitution’.

Training and awareness

Unlike the US, recent global efforts seem to focus less on legally mandated training, although some examples exist. For instance, in Thailand, the UNODC[45] offered educational conferences regarding trafficking to increase youth awareness of trafficking risks in digital spaces. Similar workshops were conducted in Bangladesh[46] to raise awareness and support anti-trafficking efforts. However, mandatory training efforts appear to be less common in recent international legislative initiatives.

Potential policy options

As policymakers consider potential efforts to strengthen trafficking laws, legislation around the world can be a useful source of inspiration. This inspiration includes:

• honing relevant definitions of criminal activity, whether tightening definitions to distinguish trafficking from other crimes, such as smuggling, organised begging and other prohibited practices, or expanding definitions to encompass broader acts of exploitation than might be covered, including aiding and abetting or providing material support for trafficking;
• increasing access to justice for victims, including survivor funds and restitution, principles of non-punishment, expanding statutes of limitation for claims and adjustments to evidentiary rules to effectively address trafficking crimes;
• programmes focusing on victim reintegration, emotional support and rehabilitation;
• penalty enhancements, particularly for aggravated offences, including crimes against children and vulnerable populations;
• distinct and specialised legal processes to try cases involving trafficking or child trafficking cases;
• training initiatives for students, youths, particular types of businesses or governmental workers;
• creating departments or agencies that focus trafficking issues, which help to coordinate governmental efforts; and
• using facial recognition and other technology to identify victims and perpetrators, and action to address the risks associated with online exploitation.

One additional area merits a mention. Few recent policies have focused on the root causes of trafficking. There are some exceptions. In 2023, the Philippines adopted Act No 11930, otherwise known as the Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act,[47] requiring government agencies to design and launch social behavioural change programmes. These programmes aim to address underlying online abuse and exploitation factors, such as poverty, harmful social norms and low reporting rates. Efforts to address the causes of trafficking as part of a proactive prevention strategy remain relatively limited, however, and are a ripe area for further exploration.

Conclusion

Anti-trafficking legislation in the US and globally is proceeding in parallel with increased victim protection, harsher sentencing and new specialised government departments and courts. When considering future policies, legislators must balance the benefits of technology and data use in the context of combatting human trafficking against privacy concerns and consider how to undertake measures that focus on the root causes of the problem. There is, however, a growing abundance of real-world examples of approaches being taken to address trafficking in all its forms, to give policymakers inspiration.