In the Dock

Misconceptions around exploitationThere is no consensus of who constitutes a victim of trafficking, possibly owing to ambiguities in UKlegislation. In the absence of mandatory training on how to identify trafficking (see below), the police,like other CJS actors, may be subject to prejudices that may influence what they perceive to betrafficking.Common myths surrounding trafficking include: trafficking predominantly involves illegal migrants,foreign women and girls for the purposes of sexual exploitation; victims are confined to the place ofabuse; genuine victims are forcibly brought to the UK and will always ask for assistance; trafficking isanalogous with smuggling; those who knew what work they were going to do, agreed to come andwere “only” deceived about the conditions cannot be trafficked against their will because they shouldhave “known better”. Responding inappropriately to such situations may result in further exploitation orharm and have consequences for sustaining successful prosecutions.In general, participants reported that it is more difficult to identify forced labour, including domesticservitude, as it is often more difficult to detect than sexual exploitation. While the overall perception isthat trafficking is hidden, anti-trafficking experts contest this view: “While many labo[u]r migrants areindeed in these closed places, many male victims of trafficking work in construction in large cities,working in plain sight of the authorities and the general public and often side by side with other nontraffickedworkers. These victims may be much more visible than women trafficked for prostitution,and yet they are often not identified, however this reason alone does not account for the vastunderreporting of male trafficking”. 156Furthermore, the rise of anti-immigration discourse in the media may have led to a perception thatvictims of labour trafficking are all illegal and “they got what they deserved”. Where a lack ofunderstanding prevails, the trafficked person’s immigration status can also become the focus ofenforcement rather than the exploitation they experienced. The ATMG knows of a number of caseswhere trafficked persons were accused of fabricating their account to gain asylum. It appears thatsome authorities put greater weight on immigration status rather than the crime committed against thetrafficked person.In one case an exploited domestic worker left her employer and wanted to report the abuse to thepolice, and “although she had a completely legitimate visa, etc., the police officer’s response was …“she’s moved employers now and therefore she ought to be deported because the visa is no longervalid” which was an incorrect application of the law ... but the response of the officer was to look at theimmigration issues”. 157 Conversely, the changes in April 2012 to the Overseas Domestic Worker(ODW) visa, which no longer permits a worker to change employer, makes it more difficult for newlyarrived domestic workers to approach the police for fear that they will be immediately deportedbecause they have left their employer and the visa is no longer valid.Frontline police trainingArticle 10(1) of the Convention and Article 18(3) of the Directive create a requirement for training,stating that “Member States shall promote regular training for officials … including front-line policeofficers, aimed at enabling them to identify and deal with victims and potential victims of trafficking inhuman beings.” 158 Furthermore, training of officials likely to come into contact with trafficked personsforms part of the assessment of whether or not the UK is meeting the standard of diligence. Gallagherstates that “Frontline law enforcement agencies require strong and consistent support, includingresources, training, and direction to do this job properly. Their ability to contribute effectively to aneffective criminal justice response to trafficking will also depend on the extent to which the frontline156Rosenberg, supra note 58.157Her visa was issued prior to the 2012 visa regime change. See All Change, supra note 13, p.36-37.158Emphasis added.45