The Non-Criminalisation of Victims of Human Trafficking and Modern Slavery: Examining Anglo-American Perspectives to Advocate for a Victim-Centred, Human Rights Approach

Simpson, Bethany (2023) The Non-Criminalisation of Victims of Human Trafficking and Modern Slavery: Examining Anglo-American Perspectives to Advocate for a Victim-Centred, Human Rights Approach. Doctoral thesis, Northumbria University.

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Abstract

This thesis addresses the research question does the current statutory framework that exists to protect victims of human trafficking and modern slavery who commit offences provide adequate protection? The author advances the literature by advocating for a victim-centred, human rights-based approach to the non-criminalisation of all victims of human trafficking and modern slavery. The work provides an original contribution to knowledge by affording a unique Anglo-American comparison of the law in this area and proposing novel recommendations for law reform. The thesis adopts a socio-legal, comparative methodological approach. In particular, the author compares the statutory defences in E&W with the affirmative defences of five US states: California, Kentucky, Oklahoma, Wisconsin, and Wyoming.
The current global response to addressing human trafficking and modern slavery is vested in a criminal justice-based approach which prioritises the investigation and prosecution of offenders above the protection of victims. This is consistent with the approach adopted by the early international anti-trafficking legislation. International and domestic bodies claim to prioritise a genuine human rights approach to protecting victims from punishment. This thesis, however, argues that providing victims with protection from criminalisation which adheres to a genuine human rights-based approach, one which places the victim at the centre of all anti-trafficking endeavours, has not been achieved. In particular, the statutory defence under s 45 of the Modern Slavery Act 2015 of E&W fails to afford adequate protection to adult and child victims of human trafficking and modern slavery for the purpose of criminal exploitation, as well as other forms of exploitation. This thesis proposes that a victim-centred, human rights, based approach to protecting victims who commit offences be adopted in order to protect their needs, rights and interests and prevent them from additional victimisation by the state.

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