Detecting the valid consent in human trafficking crime

Authors

  • Heracles Moskoff
  • Angeliki Serafeim

Keywords:

human trafficking, trafficking in persons, consent, social representations, legal interpretation

Abstract

The consent of the adult victim of human trafficking to their exploitation is one of the fundamental notions that may blur the exploitative condition. Therefore, it is not the core element in the perpetrators’ defense line by chance. Given that the Greek legal framework adequately complies with the EU and international instruments on human trafficking, the Greek case law has gradually developed a harmonized approach. De lege lata, the adult victim’s consent, is considered irrelevant when it has been extracted by any coercive or deceptive means listed in the legal framework. In practice, however, the validity of consent is a matter of legal interpretation (i.e., a process that analyses the real facts, to apply the respective legal provision). This focus on reality recruits unavoidably a prism of social representations. However, the context analysis, such as the business analysis of human trafficking crime in the urban context, may provide valuable input. addresses the need for more interpretative tools and approaches.

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Published

2022-05-10

Issue

Section

Articles