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The trafficking of children for purposes of sexual exploitation

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Any act seen as resistance or a challenge to the gang leader's authority is punished with physical or<br />

<strong>sexual</strong> violence. Acts <strong>of</strong> resistance include planning to escape, attempting to escape and defying any<br />

<strong>of</strong> the leader's orders and authority. Exhibiting behaviour that does not define one as one <strong>of</strong> the<br />

gang, such as wanting to raise your own <strong>children</strong>, is also punished. In keeping with the mafia-type<br />

gang the <strong>children</strong> fathered by the gang leader are given to his extended family to rear.<br />

<strong>The</strong> <strong>children</strong> quoted here say how these acts <strong>of</strong> violence were committed. <strong>The</strong> descriptions are <strong>of</strong>ten<br />

graphic and detailed. This way <strong>of</strong> relating the incidences <strong>of</strong> violence against themselves and the<br />

other girls is indicative <strong>of</strong> symptoms <strong>of</strong> post-traumatic stress. <strong>The</strong>se symptoms as Jackson points<br />

out can manifest up to two years later, <strong>for</strong> the first time. 158<br />

Planning to escape<br />

During the time that I was there they assaulted me very badly, they kicked me and hit me, because they heard that I<br />

wanted to run away. <strong>The</strong>y had brought us there the Saturday and the first Tuesday, after that, the two sisters Laetitia<br />

and Antoinette had to appear in court on a murder charge.<br />

Zulfa went with them. While they were at the court she told the two <strong>of</strong> them that Lucia and I had said that we want to<br />

run away. When they got back that afternoon they told Zunaid and he was very angry. He told one <strong>of</strong> the guards, who<br />

were there, that he should go and fetch Lucia from where she was sleeping in the room. I was sitting in the lounge.<br />

Zunaid told Lucia that she should go and sit on the floor. He kicked her twice so that she fell against the cupboard and<br />

he told her to go and sit in the middle <strong>of</strong> the floor. She started crying loudly. Zunaid told her to shut up and stop crying<br />

because she is not a baby and she must take her clothes <strong>of</strong>f. She took her clothes <strong>of</strong>f, but she still had her bra and pantie<br />

on. One <strong>of</strong> the other girls, Nadine stood up and asked Lucia if she didn't hear that Zunaid said that she should take her<br />

clothes <strong>of</strong>f. <strong>The</strong>y went and fetched a blanket and told her that she should lie on the blanket and she did this. <strong>The</strong>y called<br />

Faizel and told him to go lie with her. We were about seventeen people, in the lounge when Faizel raped Lucia. Lucia<br />

was only fourteen years old. When Faizel was done with her another man, Ray came to me and said that I should <strong>for</strong>get<br />

about running away. He asked me if it's not nice there with them and I said yes it is, because I was scared, after what<br />

had happened to Lucia. He then said to me that I mustn't even think about running away because we will be staying<br />

there <strong>for</strong> a very long time. - Jenny<br />

Challenging notions <strong>of</strong> the family<br />

She (Ghairo) took the child away from Zunaid. <strong>The</strong> child was at home. <strong>The</strong> two <strong>of</strong> them were inside the house, arguing<br />

about the child.<br />

Zunaid became angry, and the girls were talking amongst themselves saying, that she is going to get a beating. She<br />

refused to listen, then Zunaid slapped her and began beating her in the house. He threw her to the ground outside.<br />

Zunaid stripped her <strong>of</strong> all her clothes in the road. She was <strong>for</strong>ced to take <strong>of</strong>f all her clothes, including her bra and her<br />

pantie. He <strong>for</strong>ced her to stand against the wall <strong>of</strong> the private property (opposite the house). He let her enter the private<br />

property first then he kicked her, and then he threw her with stones. <strong>The</strong>n the guards had to throw her with stones. She<br />

was then <strong>for</strong>ced to come out so that everyone could beat her. Zunaid then took a sjambok and whipped her, then he took<br />

her away. That evening he threatened me and promised that I will be beaten in the same way. He took Ghairo's clothes<br />

and threw it into the car. Her body was sore from all the beatings. <strong>The</strong>n he threw her into the car too. He then told to<br />

her to go to work. – Lorraine<br />

5.5. Committing murder<br />

According to some <strong>of</strong> the girls their involvement in acts <strong>of</strong><br />

violence includes beating one another, fighting with sex exploiters<br />

and the murder <strong>of</strong> boy gang members. Some anti-<strong>trafficking</strong><br />

organisations state that where trafficked women and <strong>children</strong> are<br />

defendants in cases where they have committed acts <strong>of</strong> violence<br />

against their traffickers or others that the state should provide such<br />

a person with the opportunity<br />

"to raise a defence <strong>of</strong> duress or coercion and that the same evidence should be<br />

considered as a mitigating factor in sentencing, if convicted.” <strong>The</strong> organisations<br />

also believe that in cases involving charges <strong>of</strong> having committed a crime against<br />

a trafficker, including homicide, “she or he has an opportunity to plead selfdefence<br />

and to present evidence <strong>of</strong> having been trafficked and the same evidence<br />

158 L. Jackson Ibid<br />

Box 9: Chapter 4 9 (1)<br />

(c) Prevention <strong>of</strong><br />

Organised Crime Act<br />

1998 (as amended<br />

1999)<br />

Any person who actively<br />

participates in gang related<br />

<strong>of</strong>fences or is a member <strong>of</strong> a<br />

criminal gang who threatens<br />

any specific person or person<br />

in general, with retaliation in<br />

any manner or by any means<br />

whatsoever, in any act or<br />

alleged act <strong>of</strong> violence, shall<br />

be guilty <strong>of</strong> an <strong>of</strong>fence.<br />

57

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