Människohandel för sexuella ändamål - en analys av den svenska regleringen i teori och praktik

Sammanfattning: Human trafficking is a global phenomenon that occurs all over the world. Sweden is by no means spared from this cynical practice. On the contrary, the country has shown to be a lucrative market for traffickers. A reason for this is the major demand for the services that trafficking provides, especially those of a sexual nature. This presentation examines the legal construction of the human trafficking prohibition in Swedish law and how this has been applied in practice. It also reviews the changes made in the human trafficking Act and the legal arguments put forward in support of them. The examination is limited to human trafficking for sexual purposes regarding adults. In 2002, human trafficking for sexual purposes was introduced as a specific criminal offense in Swedish law. Perhaps the biggest reason behind the introduction of the Act was the deficiencies believed to exist in the way, in which trafficking was prosecuted. With a new Act, tailored to the particular character of the crime, Sweden wanted to take up the fight against trafficking. The Act was designed in close accordance with the tripartite model expressed in the Palermo Protocol, consisting of the three components undue means – trade act – particular purpose. On two occasions, the Act has been subject to modification. In my opinion, it is possible to determine two main forces behind these changes. One type of changes refers to Sweden's desire and duty to adapt to its international agreements. These arguments were particularly clear when the provision was expanded in 2004. Besides making demands on the Swedish legislation, international agreements have set up a framework within which national legislation, regarding trafficking, must adhere. The interest of a provision that is effective when it comes to national prosecution has, according to me, been another force behind the changes. When the practical application of the Act resulted in very few convictions, the design of the provision was criticized. When changing the Act in order to make it more effective, the relationship between obligations under international law, efficiency and legality has been central. When it comes to prosecution on the basis of the Act, there are several legal challenges. To successfully prove the existence of an undue means, when carrying out the trade act, appears to be the most problematic. For means to be regarded as undue, it requires that a certain state of power, between the perpetrator and the victim, has been established. An analysis of the factors, taken account to in the legal assessments of this, has led me to the conclusion that the victims’ actions, after the arrest of the perpetrators, often are used as an indication of whether such a relationship existed during the period of the crime. This has, in turn, raised questions about various unspoken expectations of a victim of trafficking. Another factor of importance in legal cases of trafficking, I believe to be the victims’ willingness and attitude towards participating in the legal process.