SEX TRAFFICKING IN THE AMERICASeBook

 
SEX TRAFFICKING IN THE AMERICAS
 
 
 
 
 




Penalties

 



All states in the region that have trafficking statutes penalize trafficking activities with prison sentences. In addition to imposing a prison sentence on traffickers, the statutes of the Dominican Republic, Guatemala, and Honduras also provide that a monetary fine will be imposed. Comparing the severity of penalties across States, the statutes which carry the lightest penalties are found in Guatemala (1-3 years in prison plus a fine) and Panama (2-4 years in prison).


The rest of the statutes under review here carry substantially similar penalties (see table below). While most of the statutes make no mention of attempt, Belize and the Dominican Republic expressly establish the attempt to commit the crime as punishable to the same extent as the successful completion of the trafficking act.


In all states except for Belize, the Dominican Republic, and Honduras, the penalty for trafficking is increased when aggravating factors are present. The most common aggravating factors found in the trafficking statutes in this region are where the trafficking victim is a minor, and where the acts which constitute trafficking are carried out using coercion, deceit, violence, or abuse of authority.


Other aggravating factors include: when the perpetrator is a close relative or caregiver; when the act of trafficking is done with an intention to make a profit or satisfy the desires of a third person; or when as a consequence of being trafficked, the victim suffers a deprivation of liberty abroad, has a crime committed against them, or dies due to violent causes. The table below illustrates which aggravating factors correspond to the statutes of the various countries in the region.


Table 10. Criminal Penalties for Engaging in Trafficking

Country Basic Penalty Penalty if Aggravating Factors Present Aggravating Factors Penalty for Attempt
Belize 5 years N/A N/A YES
Costa Rica 3-6 years 4-10 years Victim is under 18/Use of coercion/fraud/violence/abuse of authority/abuse of victim's situation of need/any other form of intimidation/Perpetrator is a relative or caregiver No
Dominican Republic 2-10 years plus fine of 100,000-1 million pesos N/A Trafficking itself is an aggravating factor of the crime of pimping. Additional aggravating factors: Victim is a minor/Use of threats/violence/abuse of authority/fraud Yes
Guatemala 1-3 years plus fine of 2,500-15,000 quetzals Penalty increased by 2/3 Victim is under 12/Act done with intention to make a profit or satisfy the desires of a third person/Use of deceit/violence/abuse of authority No
Honduras 5-8 years plus fine of 100,000-200,000 lempira N/A N/A NO
Nicaragua 4-10 years Max.penalty Victim is under 14/Victim is marriedto or in a stable common law union with the perpetrator No
Panama 2-4 years 6 years Victim is under 12 /Act carried out for profit /Use of deceit / violence / abuse of authority / any other means of intimidation or coercion /Perpetrator a close relative or guardian No




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