Legislation

Throughout this knowledge module, reference to certain provisions or sections of a piece of legislation, part of a legal judgment, or aspect of a practice does not imply that the legislation, judgment, or practice is considered in its entirety to be a good example or a promising practice.

Some of the laws cited herein may contain provisions which authorize the death penalty. In light of the United Nations General Assembly resolutions 62/14963/16865/206, and 67/176 calling for a moratorium on and ultimate abolition of capital punishment, the death penalty should not be included in sentencing provisions for crimes of violence against women and girls.

Other Provisions Related to Domestic Violence LawsResources for Developing Legislation on Domestic Violence
Sexual Harassment in Sport Tools for Drafting Sexual Harassment Laws and Policies
Immigration Provisions Resources for developing legislation on sex trafficking of women and girls
Child Protection Provisions Resources on Forced and Child Marriage
Other provisions related to dowry-related and domestic violence laws
Related Tools

Criminal Purposes: Exploitation of the prostitution of others, Sexual Exploitation, or Commercial Sex Act

Last edited: January 25, 2011

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Drafters should clearly state the purpose of the criminal act. Drafters of existing laws have used variations of the term “exploitation” to address this third critical component of sex trafficking laws.Legislation addressing sex trafficking should include, at a minimum, the exploitation of the prostitution of another.

Illustrative Examples: 

  • “…when it is carried out for the purpose of exploitation; exploitation” means the illegal use of human beings for: 
    • debauchery,
    • removal of physical organs,
    • forced labour,
  • “…for the purpose of exploitation through prostitution or other forms of sexual exploitation, pornography, forced labour or servitude, slavery, forced marriages, forced fertilization, unlawful adoption, or a similar relationship or illicit transplantation of human body parts….” (See: Macedonian Criminal Code, Art. 418-a)
  • “…with the aim that the person should be subjected to an offence under Chapter 6, Section 1, 2, 3, 4, 5 or 6, exploited for causal sexual relations or in another way exploited for sexual purposes….” (See: Swedish Penal Code,, Chapter 4, Section 1a)
  • “…for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation.  (See:  UN Trafficking Protocol, Art. 3)
  • “…for the purpose of a commercial sex act.”  (See:  22 U.S.C. 7102, (9))