Prosecution
Often in the past, trafficked persons were not treated as victims of crime, but arrested and deported for overstaying their visa, working without a permit or violating prostitution laws. Now, governments generally agree that trafficked persons must not be treated as perpetrators. Directing the focus of law enforcement against traffickers is not only a moral necessity, but also a precondition for successfully prosecuting traffickers: Trafficked persons must be given incentives to contact NGOs or the police and testify against traffickers as witnesses of the prosecution.
Another problem has been a relatively lenient treatment of traffickers. In many cases, traffickers have not been arrested or convicted. If the latter is the case, sentences have tended to be short. This is partially due to the perception that human trafficking is a crime less serious than the trafficking in drugs or weapons. In addition, corruption has allowed traffickers to avoid spending extended periods of time behind bars.
Numerous programs have strengthened the capacity of national law enforcement and criminal justice systems and raised awareness about the need to protect the rights of trafficked persons.
A perpetual problem of coercive anti-trafficking efforts is that traffickers respond innovatively to law enforcement operations. In Southeast Europe, for example, raids on bars and brothels have pushed the sex industry underground. Many women and girls are now forced to provide sexual services in private apartments. Moreover, traffickers now bring fewer women across international borders since internal trafficking reduces risks and costs.
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