Sex trafficking laws should include a reflection and recovery period for trafficking victims during which time they are eligible to receive services and benefits regardless of their immigration or other status, or their ability or willingness to cooperate with law enforcement and prosecutors. (See: U.N.O.D.C Model Law, Art. 18) In the United States, for example, immigration remedies for trafficking victims are conditioned on victims willingness to cooperate with law enforcement. [Link to IMMIGRATION PROVISIONS section of this Knowledge Asset.] Without a reflection period, this requirement is unduly harsh on victims who are suffering the traumatic effects of trafficking. 

In Australia, the government recently amended the national human trafficking protection scheme to remove the requirement for foreign national victims to cooperate with law enforcement during the initial 45 day rest and recovery period.  In addition, those who are willing, but unable to participate in the criminal justice process may also be eligible for an additional 45 days of assistance. (See: Australian Government Anti-People Trafficking Strategy, 2009)

Module 3 of the UNODC Anti-Human Trafficking Manual for Criminal Justice Practitioners discusses the psychological impact of the trafficking experience and its effect on the ability of victims to participate in the investigation, prosecution and criminal proceedings against the sex trafficker.  Victims have experienced violence, abuse, and multiple ongoing traumas. (See: UNODC Anti-Human Trafficking Manual for Criminal Justice Practitioners, Module 3, 2009) The trauma of the trafficking experience underscores the importance of the reflection and recovery period.  

The Council of Europe Convention on Action Against Trafficking in Human Beings provides for a reflection period of at least thirty days for all trafficked victims when there are “reasonable grounds to believe that the person concerned is a victim.” (See:   Council of Europe Convention on Action Against Trafficking in Human Beings, Art. 13)  

This period affords potentially trafficked persons time to “recover and escape the influence of traffickers and/or to take an informed decision on cooperating with the competent authorities.” In a study of the impact of trafficking on women’s health, police officers reported that the reflection period can bolster women’s ability to participate in criminal proceedings against their trafficker.

Promising Practices: Several countries have provided for reflection periods in their sex trafficking laws. These reflection periods range from the recommended thirty days in the Council of Europe Trafficking Convention to one-hundred and eighty days in Canada and Norway. (See: U.S. State Department 2009 Trafficking in Persons Report, 99, 229, 2009) Spain provides for a thirty day reflection period, as does Sweden. (See: U.S. State Department 2009 Trafficking in Persons Report, 263, 270, 2009) Denmark provides for a thirty to ninety day reflection period. (See: U.S. State Department 2009 Trafficking in Persons Report, 121, 2009) The United Kingdom provides for a forty-five day reflection period. (See: U.S. State Department 2009 Trafficking in Persons Report, 294, 2009) The Czech Republic provides for an automatic sixty days. (See: U.S. State Department 2009 Trafficking in Persons Report, 120, 2009) 

CASE STUDY: In Norway, “victims are permitted to stay in the country without conditions during a six-month reflection period in order to receive assistance; 40 victims benefited from the reflection period in 2008 compared to 30 in 2007. After the reflection period, victims can apply for one-year residency permits; in 2008, 15 victims received one-year residency permits. The government encouraged victims to participate in trafficking investigations and prosecutions. Trafficking victims were not penalized during the reporting period for unlawful acts committed as a direct result of their being trafficked.”  (See: U.S. State Department 2009 Trafficking in Persons Report, 229, 2009)

According to researcher Anette Brunovskis at the Institute of Applied International Studies, “This period can be further extended with one more year, if the victim is participating in a police investigation or court case. There are no conditions attached to the initial six months of the reflection period. Further, while the Danish reflection period consists of a delay in travel deadline, the Norwegian reflection period is a temporary residence permit, and also includes a work permit. This is a potentially important element as it can ease the transition for trafficking victims when repatriated if they can document that they have actually had work, and also if they are able to bring some money with them upon return to their country of origin. However, as of yet it has proven difficult to realise the goal of providing trafficking victims with jobs. Still, so far the reflection period has worked quite well, and has been accepted by 27 victims so far this year; the current reflection period framework was put into place in November 2006. Norway formerly had a reflection period that was more like the Danish one, where victims of trafficking were allowed 45 days to consider their options, but in the two years this was in function, only one woman chose this option, and it was therefore not considered a particularly efficient tool.” (See: Social Aspects of Human Trafficking, Anette Brunovskis, Institute of Applied International Studies, Comment Paper of Norway, Paragraph 2.2, 2007)