can be eradicated and dealt with. The schedule of the Children’s Act, being an intrinsic aid was
examined in order to find out if the offence of trafficking children existed. The schedule
illustrated that section 8 of the Act dealt with the offence of prostitution of miners whereby
anyone who is found aiding in prostitution of a child can be imprisoned for five years and section
7 of the Children’s Act dealt with individuals who can be sentenced for six months imprisonment
if they allow children to reside or frequent a brothel. Though human traffickers can be punished
under the Children’s Act, Chapter 46:01 if they are found sexually exploiting children or aiding
in the exploitation, as just shown, the need to implement the Trafficking in Persons Act is of
great importance. This is due to the fact that the 2011, Act imposes higher penalties upon
offenders, as persons found sexually exploiting children can be subjected to twenty years
imprisonment compared to five years imprisonment under the Children’s Act. Furthermore, the
Trafficking in Persons Act is of great importance because it seeks to criminalize all forms of
human trafficking. For example, section 26 of the Trafficking in Persons Act criminalises people
receiving financial or other benefits, knowing that it results from the offence of trafficking
children in which they can be fined for four hundred thousand dollars and to imprisonment for
fifteen years. The Children’s Act however does not criminalise persons for such offence and thus
the 2011 Act is of great importance because it targets every element of human trafficking such as
individual who have knowledge of those trafficking children and severely punishes them and it
also imposes higher penalties.
Additionally, human traffickers sexually exploit women. Opposition Senator Cudjoe justified
this as he stated, “Sex traffickers form partnerships with brothel owners from Trinidad and
Tobago, lure women to Trinidad with offers of legitimate work, and then forced them into sexual
servitude by having them work in strip clubs or massage parlours.”28 In the case, R v Sieders29
Campbell JA defined sexual servitude as, “situations in which a victim enters into an
arrangement to provide sexual services but where the victim is not free to leave.” In order to
eradicate this issue, Trinidad and Tobago Sexual Offences Act of 1986, modified by the Sexual
Offences (Amendment) Act of 2000, was examined. The broadest offence is, “aiding in
prostitution,” under the Sexual Offences Act, which is one of the types of exploitation, as
28
29
Sean Douglas, ‘Sex Trafficking in Trinidad and Tobago’ Guardian (Trinidad 22 May 2011) 3
[2008] NSWCCA 187
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