Closing the Legal Loopholes in Human Trafficking
Marci A. Hamilton & Kai Zen Bickle | September 21 | 1:45-2:45 pm
Topic: Legal, International | Knowledge Level: Advanced
In December 2020, Canadian fashion mogul, Peter Nygard, was indicted in the U.S. on nine separate counts of sex trafficking, racketeering, and related crimes after dozens of women came forward accusing him of using his business to lure them for his own sexual gratification. He is also currently facing charges in Canada, and even though many of the alleged assaults occurred at his estate in the Bahamas, Nygard has yet to face charges there. It was almost a year after the first accusations were made that he was ultimately arrested. Title 18 of the U.S. Code explicitly provides extraterritorial jurisdiction (the legal authority of the U.S. to prosecute criminal conduct that took place outside its borders) over certain sex offenses involving the sexual exploitation of children, including sex trafficking. However, numerous basic sex offenses lack the same jurisdiction that allow traffickers and other sexual predators to escape criminal charges if prosecutors are unable to establish the demanding evidentiary basis for more multifaceted crimes like trafficking. Expanding these crimes extraterritorially would allow federal prosecutors to confer charges related to crimes of sexual abuse and assault, regardless of the victims’ age and where the crime occurred. Granting extraterritorial jurisdiction and including crimes against all victims of sexual abuse will be a crucial step in ensuring all predators are brought to justice.
Presentation Objectives:
· Describe the current federal law related to the prosecution of trafficking cases
· Explain the applicability of the law as it relates to the case against Peter Nygard and the loopholes that allowed his abuse to perpetuate for decades
· Discuss the possible reforms to the current law for certain sex offenses, providing an additional path to justice for survivors and ensure all perpetrators are held accountable