Beyond the sex trafficking crime: an analysis of criminal policy strategies for intervene commercial sex in Spain.

• In Event: International Criminal Law Making Policies Panel 1

Abstract

The legal construction of the crime of human trafficking for the purpose of sexual exploitation operates as a strategic instrument of criminal policy aimed at the governance of commercial sex spaces. Historically, human trafficking has been framed within victim-centered legal narratives, predominantly informed by gender perspectives. Within this framework, over €37 million have been allocated to social intervention programs designed to combat sex trafficking. However, the practical application of anti-trafficking policies and prosecutorial strategies frequently deviates from the normative objective of victim protection within commercial sex environments.

This study is grounded in qualitative empirical research, comprising 24 in-depth interviews with professionals from NGOs engaged in anti-trafficking initiatives in Spain. The findings illustrate systemic patterns of dual criminalization, disproportionately affecting individuals based on their migratory status and, secondly, through the enforcement of administrative sanctions against the provision of sexual services, currently in effect in over 20 municipalities. Furthermore, the research underscores the instrumentalization of trafficking victims within the evidentiary and procedural dimensions of criminal investigations and judicial proceedings.

The results expose a profound dissonance between the official legal discourse of victim protection and the operationalization of anti-trafficking policies, which function as mechanisms of regulatory control over commercial sex rather than as robust frameworks for comprehensive victim assistance. This paper contributes to the critical discourse on criminal policy and human trafficking by scrutinizing the doctrinal and procedural inconsistencies inherent in current intervention strategies. It advocates for a reconceptualization of anti-trafficking legal frameworks to ensure a more coherent, rights-based approach that aligns with international legal standards and principles of human rights approach.

Author

• Tamara González-Fernández, Universidad Autónoma de Barcelona