**4. Theoretical framework**

94 Child Abuse and Neglect – A Multidimensional Approach

**3.4. Girl** 

aesthetic attributes).

**3.5. Difference between voluntary and involuntary prostitution** 

A prostitute is working on a voluntary basis if her decision to perform sex work has not been influenced, forced on her or coerced by anyone. She is working as a prostitute involuntarily if another person has forced, confined and manipulated her to work as a prostitute. In this paper, the term 'voluntary prostitution' pertains to any work that is performed by a prostitute, either indoors or outdoors, where the prostitute obtains the

children through deceit, fraud, abduction and kidnapping for the purpose of sexual exploitation due to a position of vulnerability. In relation to children, section 1 of the Children's Act (Act 38 of 2005) states that commercial sexual exploitation implies the procurement of a child to perform sexual activities for financial or other rewards including acts of prostitution or pornography, irrespective of the person using or receiving the reward.

According to the South African Constitution (108 of 1996), a girl is any female person, daughter, or young woman under the age of 18. This person may still be residing with her parents, in a hostel or heading a household. Girls as young as seven are abducted, kidnapped or misled by traffickers to accept offers that promise to yield financial incentives. A set of gendered factors place girls in more vulnerable situations for abduction and kidnapping by human traffickers for sexual exploitation. Firstly, young girls are perceived as disease-free and therefore possess the potential to attract more customers/clients/users than older women. The International Labour Organization reports that the high incidence of HIV/Aids infections among young women has propelled users of sex workers to select girls' more than young women. This preference has led to many young South African girls' being recruited, abducted and kidnapped for sexual exploitation (Lutya, 2010a). Some girls have been abducted and kidnapped on their way to school, running an errand for their parents or venturing outside with friends (Lutya, 2010a). Secondly, the desire to own the latest labels and technological gadgets pushes some girls into pursuing their materialistic hopes. If they are offered a job, such girls may accept the job with little or no scrutiny in the hope of generating an income in order to reach this materialistic goal (Lutya, 2010a). It is possible that the need to achieve the patriarchally approved gendered notion of femininity, defined by aesthetics – fancy clothes, make-up, groomed hair and nails – as well as the desire to fit in and receive external confirmation (Russell & Tyler, 2002) may drive some girls to accept dubious jobs from traffickers. Gender and consumption could be ways in which some girls define who they are in relation to boys and society: that means they become feminine through consumer culture, a behaviour society expects of young women and girls (Russell & Tyler, 2002). In essence, any person under the age of 18 is vulnerable to human trafficking in three ways: legally (if the person is financially inadequately equipped to reside independently and in pursuit of financial independence), socially (if the person is in need of social affirmation) and individually (if the person hopes to obtain affirmation of her physical

There are three theoretical attributes which can be used to explain human trafficking for the sexual exploitation of young women and girls in South Africa: victim vulnerability, victim precipitation, as well as the victim-criminal relationship (Daems, 2005; Nettlebeck, Wilson, Potter & Perry, 2000). These attributes should be present and stabilise in a victim's life for a long time (Nettlebeck et.al 2000). Victim vulnerability pertains to the presence of factors, contextual and situational, in a victim's life that could make the victim more vulnerable to victimisation (Clark, 2005). It could be the victim's lifestyle; personal characteristics or the amount of time the victim spends or interacts with the offender (UNICEF, 2003; UNODC, 2007). Secondly, a victim's words, actions and behaviour may precipitate the offender's actively and passively victimising her (UNODC, 2007). In the context of human trafficking for sexual exploitation victim precipitation thus occurs when the victim accepts recruitment, travels with a chaperone and allows herself to be transported with or without the documentation required by immigration officials. In addition, the lack of a reasonable solution to socio-economic challenges facing her, the potential victim may seek help from traffickers. Eventually, the time spent by the victim in the company of human traffickers may provide traffickers with opportunities for the victimisation of girls.

Victim vulnerability is best explained when a person is surrounded by factors that could result in victimisation. It is attributed to a variety of internal and external factors that are multidimensional, such as their age and lack of maturity, which affects young women and girls more than adults, whilst socio-economic factors create potential victimisation for both children and adults (Clark, 2005). Many young South African women and girls spend a significant amount of free time in entertainment establishments that sell liquor (shebeens, nightclubs and bars), abusing intoxicating substances such as drugs and alcohol, engaging in risky sexual behaviour, as well as participating in criminal activities (Gould, 2005; Gould & Fick, 2008 ). These lifestyles place them within close proximity to human traffickers. Closeness to human traffickers of potential victims may not result in actual victimisation: some young girls do not accept offers from strangers. The contextual situation within which girls entertain themselves, coupled with their immaturity and the absence of a capable guardian, may make it easier for traffickers to recruit them successfully. Eccentric behaviours by a potential victim do not necessarily create vulnerability to victimisation, but poor control of feelings, inadequate social skills and confrontational responses to problematic situations may increase vulnerability to victimisation (Nettlebeck et al 2000).

Regardless of personal characteristics, a victim's lifestyle and the amount of time some young women and girls spend with human traffickers, the contextual and situational factors surrounding victims make them vulnerable to human trafficking for sexual exploitation. The factors that drive most young women and girls to shebeens and bars, and into crime and promiscuity (such as unfavourable home and family conditions, including a lack of parental supervision and monitoring, inter-parental violence, sibling violence and parental use of intoxicating substances) combined with socio-economic challenges exacerbate the vulnerability of young women and girls to human traffickers (Clark, 2005; Lutya, 2010b; Lutya, 2007). When these factors are stronger in a child's life, careful scrutiny of an offered job may not feature in the young woman or girl's mind.

Human Trafficking of Young Women and Girls for Sexual Exploitation in South Africa 97

inappropriate, due to the quality of a relationship between the human trafficker and the victim. As stated above, human traffickers can range from close associates to strangers and apparently legitimate employment institutions. Therefore, the victimisation of a young woman or girl in the process should not be blamed on the victim. Blaming the victim implies that the victimised young woman or girl behaved outside social norms by associating with a relative, friend, neighbour or seeking the services of employment

Vulnerability, a persistent search for better opportunities and interaction with persons that might turn out to be traffickers feature strongly in the lives of many young South African women and girls. However, given their biological and socio-economic vulnerability (Molo Songololo, 2005 & Tyakume, 2009), there is little victims can do to avoid association with the human traffickers. They may lack the ability or have only limited ability to change the disadvantaged positions that place them closer to human traffickers (Molo Songololo, 2005 & Tyakume, 2009), and they could reside in areas characterised by a disregard for law and order (Clark, 2005), where residents are likely to resort to violent means of resolving conflict and achieving their goals. Constantly battling to define themselves in socially acceptable ways, to rid themselves of socio-economic weakness, vulnerability and susceptibility to victimisation, they could precipitate victimisation and associate with persons that increase their chances of becoming victims. Other young women and girls in similar situations may not feel pressured to seek assistance from human traffickers, but may resort to ill-paid jobs to make ends meet. The personality characteristics of potential victims may therefore

determine whether vulnerability will lead to actual victimisation.

**5. Why is human trafficking associated with vulnerability?** 

The position of disadvantaged young South African women and girls places them in locations that are easily accessible to human traffickers. They come across human traffickers, wondering, bewildered and struggling with challenges that define them as passive victims (Bernat & Zhilina, 2010). They are often deprived of basic necessities such as food, shelter and medical care (Bernat & Winkeler, 2010). Because of the lack of these resources they feel less valuable as human beings, to such an extent that any person who either pays any attention to them to reduce their plight or promises to provide for them financially is welcome, regardless of the negative intentions of this person (Bernat & Zhilina, 2010). Ordinarily, being female is often equated with victimhood: societies often perceive young women and girls to be in need of rescue, or protection in order to remain in a pure state of femininity (Hargreaves, Vetten, Scheineder, Malepe & Fullere, 2006). Accepting and seeking assistance from a human trafficker is not an unusual move for a young woman or girl. It is a way of seeking incentives that will make her feel less unworthy, economically deprived, depressed, anxious and stressed – psychological variables that hamper a young woman's or girl's personal development (Hargreaves, 2006). Her goal is to move away from positions of deprivation that make her feel inferior, persistently undermined and unworthy (Hargreaves, 2006). In South Africa, child prostitutes, children heading households, girls

agencies (Tyakume, 2009).

Although victims of human trafficking are often caught by surprise at the turn of events at the places of destination, the acceptance of a job provided through illegal means of which some young women and girls may be unaware can be regarded as victim precipitation. Victim precipitation refers to a person's willingness to move to another destination with the recruiter or chaperone. At times, victims may initiate the act, or agree to its occurrence, or may be joined by the perpetrator, which makes them accomplices in the perpetration of their victimisation (Muftic, Bouffard & Bouffard, 2007). By asking for help from human traffickers, the victim precipitates the occurrence of the crime. However, the victim may not be aware of the consequences of her actions, because the negative consequences of accepting or asking for help from human traffickers may be hidden, and she may fail to recognise a legal or conventional solution to her contextual and situational problems. In this regard, this chapter does not apportion blame, find fault or assign guilt to human trafficking victims, but attempts to illustrate some of the ways in which the contextual and situational factors surrounding victims could facilitate victimisation (Muftic, Bouffard & Bouffard 2007).

Prior to accepting jobs from human traffickers, victims are often confronted with socioeconomic and individual challenges such as unemployment and poverty, domestic violence, a lack of knowledge of the crime, stereotyped perceptions of prostitutes, as well as sociocultural factors hindering access to opportunities for economic advancement. Faced with such factors, they may accept (non-existent) opportunities that they believe could rescue them from this context. In turn, they are opening up chances for sexual exploitation. Moreover, human traffickers can be people that the victims trust, such as a close associate, family member, an employment agent or a neighbour (Lutya, 2009; O'Connor, 2009 & Prince, 2009). The relationship shared by the victim and the perpetrator, as well as the image presented by the employment agent may not be suspicious enough to encourage the potential victim to scrutinise the person's motives.

There is sometimes a relationship between a human trafficker and the victim, enabling them to interact, communicate and associate on a regular basis (UNODC, 2007). During this process, both parties play roles that define the existence of this relationship (UNODC, 2007). The victim may either actively or passively precipitate, provoke or instigate the formulation of this relationship, but is victimised in return (Molo Songololo, 2005 & Tyakume, 2009). An association between a human trafficker and a victim cannot always be construed as inappropriate, due to the quality of a relationship between the human trafficker and the victim. As stated above, human traffickers can range from close associates to strangers and apparently legitimate employment institutions. Therefore, the victimisation of a young woman or girl in the process should not be blamed on the victim. Blaming the victim implies that the victimised young woman or girl behaved outside social norms by associating with a relative, friend, neighbour or seeking the services of employment agencies (Tyakume, 2009).

96 Child Abuse and Neglect – A Multidimensional Approach

job may not feature in the young woman or girl's mind.

potential victim to scrutinise the person's motives.

Regardless of personal characteristics, a victim's lifestyle and the amount of time some young women and girls spend with human traffickers, the contextual and situational factors surrounding victims make them vulnerable to human trafficking for sexual exploitation. The factors that drive most young women and girls to shebeens and bars, and into crime and promiscuity (such as unfavourable home and family conditions, including a lack of parental supervision and monitoring, inter-parental violence, sibling violence and parental use of intoxicating substances) combined with socio-economic challenges exacerbate the vulnerability of young women and girls to human traffickers (Clark, 2005; Lutya, 2010b; Lutya, 2007). When these factors are stronger in a child's life, careful scrutiny of an offered

Although victims of human trafficking are often caught by surprise at the turn of events at the places of destination, the acceptance of a job provided through illegal means of which some young women and girls may be unaware can be regarded as victim precipitation. Victim precipitation refers to a person's willingness to move to another destination with the recruiter or chaperone. At times, victims may initiate the act, or agree to its occurrence, or may be joined by the perpetrator, which makes them accomplices in the perpetration of their victimisation (Muftic, Bouffard & Bouffard, 2007). By asking for help from human traffickers, the victim precipitates the occurrence of the crime. However, the victim may not be aware of the consequences of her actions, because the negative consequences of accepting or asking for help from human traffickers may be hidden, and she may fail to recognise a legal or conventional solution to her contextual and situational problems. In this regard, this chapter does not apportion blame, find fault or assign guilt to human trafficking victims, but attempts to illustrate some of the ways in which the contextual and situational factors surrounding victims could facilitate victimisation (Muftic, Bouffard & Bouffard 2007).

Prior to accepting jobs from human traffickers, victims are often confronted with socioeconomic and individual challenges such as unemployment and poverty, domestic violence, a lack of knowledge of the crime, stereotyped perceptions of prostitutes, as well as sociocultural factors hindering access to opportunities for economic advancement. Faced with such factors, they may accept (non-existent) opportunities that they believe could rescue them from this context. In turn, they are opening up chances for sexual exploitation. Moreover, human traffickers can be people that the victims trust, such as a close associate, family member, an employment agent or a neighbour (Lutya, 2009; O'Connor, 2009 & Prince, 2009). The relationship shared by the victim and the perpetrator, as well as the image presented by the employment agent may not be suspicious enough to encourage the

There is sometimes a relationship between a human trafficker and the victim, enabling them to interact, communicate and associate on a regular basis (UNODC, 2007). During this process, both parties play roles that define the existence of this relationship (UNODC, 2007). The victim may either actively or passively precipitate, provoke or instigate the formulation of this relationship, but is victimised in return (Molo Songololo, 2005 & Tyakume, 2009). An association between a human trafficker and a victim cannot always be construed as Vulnerability, a persistent search for better opportunities and interaction with persons that might turn out to be traffickers feature strongly in the lives of many young South African women and girls. However, given their biological and socio-economic vulnerability (Molo Songololo, 2005 & Tyakume, 2009), there is little victims can do to avoid association with the human traffickers. They may lack the ability or have only limited ability to change the disadvantaged positions that place them closer to human traffickers (Molo Songololo, 2005 & Tyakume, 2009), and they could reside in areas characterised by a disregard for law and order (Clark, 2005), where residents are likely to resort to violent means of resolving conflict and achieving their goals. Constantly battling to define themselves in socially acceptable ways, to rid themselves of socio-economic weakness, vulnerability and susceptibility to victimisation, they could precipitate victimisation and associate with persons that increase their chances of becoming victims. Other young women and girls in similar situations may not feel pressured to seek assistance from human traffickers, but may resort to ill-paid jobs to make ends meet. The personality characteristics of potential victims may therefore determine whether vulnerability will lead to actual victimisation.
