On the incarceration of people who
have been trafficked
In the long-term clinical experience of HBF, supported by
research studies,129 detention and imprisonment have an
enduring negative impact upon people who have suffered
trauma from interpersonal violence. Being detained or imprisoned further to a trafficking experience can result in
cumulative trauma, self-harming behaviours, suicidal ideation, anxiety, depression and post-traumatic stress disorder. In some cases detention or imprisonment heightens the
vulnerability of people who have been trafficked, increasing
the risk that they will be subject to “disappearance” or being
re-trafficked after their release.
HBF recommends that people who have been trafficked
should not be held in administrative detention or punished
for any offence that they have committed while under the
influence of traffickers.130 In addition the courts should recognize through, for example probation service reports, that
a victim’s need to survive after escaping from traffickers
may be a significant mitigating factor in considering appropriate sentences. Foreigners who commit crimes are often
subject to automatic custodial sentences because reports
into their background are presumed to be too limited to be
helpful to the courts. However, recognition by the courts of
a trafficking victim’s ordeal may go some way to providing
an understanding of their behaviour. Victims are unlikely in
many cases to feel able to come forward to the authorities
after having been trafficked, and should not be a factor in
any decision to detain them.
The British Journal of
Psychiatry,
British Journal of Clinical Psychology,
Traumatic Stress service
Convention on Action Against Trafficking in Human
Beings,
“Each Party shall, in
accordance with the basic principles of its legal system, provide for the possibility of not imposing penalties on victims for their involvement in unlawful
activities, to the extent that they have been compelled to do so”;
Policy and legislative recommendations towards the effective
implementation of the non-punishment provision with regard to victims of
trafficking
117
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