Människohandel för sexuella ändamål, en outnyttjad brottsrubricering? En analys av den svenska lagstiftningens effektivitet.

Sammanfattning: Human trafficking is a multifaceted problem at the heart of the priorities of the international agenda. Principles of market economy with supply and demand and social vulnerability as a condition for the accessibility of victims, together with a constantly growing globalization contributes to this reprehensible phenomenon in today’s society. Regardless of which the reasons are, the consequences are disastrous. People’s ability to use other human beings vulnerability to their advantage creates a cynical and profitable market. A market where a few individuals have given themself the right to put a price on another person’s life and freedom. A market based on violations of essential human rights, causing lifelong suffering. The following essay will examine how the legislator handles the mechanisms of human trafficking and what challenges appear when it comes to prosecution. Before the introduction of criminal responsibility for acts of human trafficking in Sweden in 2002, prostitution and human trafficking were regarded as symptoms of the same problem and the prosecution was dependent on the crime classifications already existing in the Swedish penal code. After international influence and a growing awareness of the fact that human trafficking had become a part of Swedish society, the legislators were forced to approach this modern type of slavery. In recent years the legislature has attempted to make the regulation more effective through two reforms, but both prosecutors and courts seem to struggle with the interpretation of the law and the complexity of the trafficking system. Criminal responsibility for acts of human trafficking often lead to conviction of alternative charges, for example acts of procuring. In conclusion it can be ascertained that Sweden still has a long way to go before the national legislation can be considered effective and applicable. There are still a lot of obstacles to overcome before the management of 2 human trafficking on Swedish territory can be considered successful, and the practical difficulties posed by applying the legislation ought to be highlighted. It is hard to create a legislation that covers numerous course of events and at the same time fulfills the demands of legality that the criminal law requires. The most problematic part of the criminalization is to prove the existence of undue mean, when carrying out a trade act. Means are considered as undue, if there is an evident state of power between the perpetrator and the victim. The existence of this particular state of power is essential to fulfill the requirements of the legislation. The factors taken in account to the assessment of the state of power seem to be dependent on the victim’s actions and reactions after the arrest of the perpetrator. The state of power is not only a requirement for criminal responsibility, but also one of the fundamental mechanisms that aggravate the collection of evidence. The fear of retaliation inhibits the victim from cooperating with the legal system, and that leads to the court considering the victim as untrustworthy and unreliable.