Labor Trafficking and Exploitation: What Remains to be Addressed for Prosecution and Victim Protection?

In view of the low percentages of convictions and victims assisted in cases of labor trafficking and exploitation compared to sex trafficking globally, this research sought to identify the challenges involved in prosecuting these crimes and assisting their victims. To this end, in-depth interviews were conducted with 67 Spanish professionals (28 from the criminal justice system, 5 from the labor inspectorate, and 34 victim service providers). The failure to detect and identify these victims—related to professionals’ biases and prejudices, a lack of training on labor trafficking, and the rigidity and un-systematicity of the identification system—was found to be a common problem for both victim assistance and the prosecution of traffickers. Additionally, shortcomings were identified in two dimensions of victim assistance: intervention programs, which are not specific to these victims and lack both economic and residential resources and a referral circuit; and reparation, which poses both economic and intangible challenges. As for prosecution, challenges were mainly identified at the institutional level, both pre-trial and extra-procedural, and during the criminal proceedings themselves. Suggestions made to overcome the obstacles detected in Spain could be useful to other countries where labor trafficking has not yet been sufficiently addressed.