Identifying human trafficking

Criminal law addresses and criminalises the many different forms which manifest the actual offence of trafficking in human beings (section 232 of the Criminal Code) as well as the ensuing acts of exploitation (sections 232a to 233a of the Criminal Code). In particular, punishable conduct includes recruiting persons with the aim of subsequently exploiting them, pushing persons into forced prostitution or forced labour and other acts of exploitation. The definitions of most of these criminal offences require that the persons affected are in a personal or financial predicament, or helpless because they are in a foreign country, or are still very young (under the age of 21), which makes them particularly vulnerable.

Exploiting predicaments and helplessness

A person can be in a predicament or helpless for various reasons associated with the fact that they are in a foreign country, for example if

• they are the sole caregiver for a close family member,
• they live in difficult social or economic circumstances in their home country,
• they have no secure residence status and thus live in fear of being deported,
• they have difficulty getting their bearings in the country they are in because they do not speak the language, have no social contacts and/or are not familiar with that country's way of life, and not aware of the support services available to them there.

Rights and claims of victims

1. If you think that a criminal offence has been committed: Inform the police! It is their task to prevent threats and investigate crimes so that offenders can be held criminally responsible. In addition, they inform those affected about possible protective measures and about their rights in criminal proceedings.
2. Persons affected by potential criminal offences, but also persons who witness them, can turn to specialised counselling services for help and advice. www.kok-gegen-menschenhandel.de Such counselling services can provide information on various issues, such as fear of deportation, who pays for the medical costs of persons without health insurance who suffered abuse, or what options exist for persons lacking identity documents. They can also assist in finding a lawyer or psychological support. In addition, counselling services can advise affected persons and witnesses on whether and how they should contact the police. If necessary, an interpreter will assist them in communicating.
3. Have you been injured? Have a doctor examine you so that evidence can be secured and your injuries can be documented. In some cities, there are special outpatient clinics dedicated to protection from violence which provide assistance to victims of violent acts. There, victims can have injuries forensically documented – anonymously if they wish. However, this does not mean that victims automatically have to file a criminal complaint. You can take your time to think about whether and when you want to do so.
4. 4. Did you witness a (potential) case of sexual exploitation of children when you were travelling? If the answer is yes, please contact the reporting point for suspected cases of sexualized violence against children in travel and tourism. www.reportchildsextourism.eu

Many persons affected by human trafficking, forced prostitution or other crimes against personal liberty are afraid of deportation or criminal prosecution. They may also have suffered injuries or they may not know how to obtain legal counsel.

• Sometimes, they are forced to commit criminal offences. If a suspect in an offense has been affected by human trafficking, the public prosecutor's office may decide not to prosecute such criminal offences.
• Persons who suffered damage to their health as a result of a violent crime can apply for benefits under the Act on Compensation for Victims of Violent Crime (Opferentschädigungsgesetz).
• Affected persons can request the state to assign them a lawyer free of charge.
• Upon motion, persons affected can join criminal proceedings as private accessory prosecutors.
• They are also entitled to psychosocial assistance before, during and after criminal proceedings. If they are particularly vulnerable, the court can assign them such assistance free of charge. Underage victims of trafficking in human beings are entitled to such assistance without having to furnish proof of their particular vulnerability. Please be aware: To receive psychosocial assistance in court proceedings, a motion to that effect must be filed with the competent court.
• Children and juveniles affected are considered to be particularly vulnerable throughout the criminal proceedings.
• All minors (under the age of 18) are entitled to safe and secure as well as age-appropriate accommodation and to medical, psychological and social care.
• Persons affected by human trafficking can request information on the state of the proceedings; upon their request, the information provided to them must be translated.
• If they file a criminal complaint, they are informed, in a language they understand, about their rights both within and outside criminal proceedings, including the fact that they may receive compensation or that they claim damages.

Additional support and counselling services

You can find local support services for the different types of criminal offences through the service locator.

The Nationwide Coordination Panel against Human Trafficking is an association of specialist counselling services for persons affected by trafficking in human beings and exploitation. www.kok-gegen-menschenhandel.de

Moreover, the victim support organisation “WEISSER RING e. V.“ provides support to affected persons throughout Germany.

Women affected by trafficking in human beings can call the distress helpline for violence against women, which is available 24/7 www.hilfetelefon.de: 08000 116 016.

Suspected or actual cases of trafficking in and exploitation of children often require swift action. You can find a (regularly updated) list of contact details and service agencies at: www.ecpat.de
(only in german available)