The Myth of Initial Consent

No one can consent to slavery. Period. But there is a myth that if a trafficked person initially agreed to be in the country or industry that they were eventually enslaved in, that initial consent somehow mitigates the fact that they are being forced to work against their will. Despite what else they may have consented to, no one consents to slavery.

This myth most commonly manifests itself with victims trafficked into prostitution. Let's say Katya is Ukranian and is looking for a way to support her family. She goes to an international job broker who tells her she can make serious money in stripping and prostitution in Jamaica at the clubs and resorts. They discuss the terms, and she signs a contract that states she will choose her own hours, her own clients, and be able to set the prices for her sex acts within a certain range. She'll also give 10% of what she earns to the company. Katya is fine with working in the commercial sex industry and engaging in prostitution under these terms, and plans to save the money she makes in Jamaica for a year and then return to Ukraine. When Katya arrives in Jamaica, she is met by Sam who takes her to a brothel. There, Sam takes her passport, punches her in the face, and rapes her. He tells her she must give half of what she earns from stripping and prostitution to him, but can keep the other half. If Katya tries to refuse a buyer or take a night off, Sam beats her. He won't return her passport, so she is unable to leave the country. Katya never thought prostitution would be like this. Is Katya a trafficking victim?

Yes. The fact that she agreed to work in prostitution voluntarily does not mean she is not a slave now. Katya consented to a work situation that included commercial sex (even illegally), but one where she was free to refuse or leave. The reality for Katya was that she was not free to leave and was held in prostitution by violence. She was not allowed to keep the money she earned or make choices about who she provided sexual services to.

Here's another example. Miguel is approached by Andres in his town in Peru and offered a job picking asparagus about 100 miles away. The Andres tells Miguel he will have to pay off a $500 debt for the cost of travel to the farm and room and board while he works there, but that the debt should be paid off within a few weeks, and Miguel can keep the rest of his wages for the season. Andres knows Miguel's cousin, so he seems trustworthy, and Miguel takes the job. When they get to the farm, the men are told that the trip was more expensive than they thought and they each now must work off $800. A few weeks later, Miguel asks when he will start to receive his wages and is told that the price of food has increased, so they now owe a debt of $1000 for room and board. Eventually, Miguel and some other men demand their wages and threaten to leave or go to the police. Andres refuses and threatens to shoot them if they go to the police. He tells them he will kill their children if they don't keep working. Is Miguel a trafficking victim?

Yes. Miguel agreed to take on a certain amount of debt, but that debt increased unfairly and with no explanation. When he tried to take his wages or leave the situation, he and his family were threatened with violence. Even if a person agrees to pay off a debt, they have not consented to debt bondage. Even though Miguel initially consented to work for Andres, Andres used force, coercion, or deception to keep him there, thus trafficking him.

Photo credit: Robyn Gallegher