The present publication was developed by the Human Trafficking and Migrant Smuggling Section of the United Nations Office on Drugs and Crime (UNODC) headed by Ilias Chatzis, under the substantive guidance of Morgane Nicot and Zoi Sakelliadou. The publication was drafted by Lori Mann (consultant). An informal expert consultation took place remotely on 8 October 2020, where experts reviewed the draft of this case-law analysis.

Ever since UNODC started collecting statistical data on trafficking in persons 15 years ago, women and girls have consistently represented the majority of reported victims of human trafficking. Furthermore, UNODC reports have also shown that women feature highly among those prosecuted and convicted for offences relating to trafficking of persons, especially when compared with other areas of crime. Although most countries report overall female offending rates below 15 per cent of the total for all crimes, approximately 30 percent of trafficking in persons prosecutions and convictions involve female offenders. In addition to these statistical data trends, UNODC’s community of practice has often highlighted the complexity of adjudicating and investigating cases that involve female victims of trafficking as alleged perpetrators. This study examines these trends and complexities. It analyses case law on trafficking in persons for sexual exploitation involving female defendants, who had been or were contemporaneously being exploited as trafficking victims. Fifty-three cases were analysed from 16 different jurisdictions, with a focus on the European region. These cases were, for the most part, collected using the UNODC Trafficking in Persons Knowledge Portal. The analysis employed a thematic and qualitative textual analysis of the judicial decisions, enriched with bibliographical references and expert input. Draft findings of this analysis were discussed with experts in two meetings. The main finding of this study is that traffickers use victims to shield themselves from prosecution. (From the Executive summary). Record #7009