illustrated in section 3 of the Trafficking in Persons Act. Section 24 of the Sexual Offences Act
provided a definition of aiding and engaging in prostitution and outlined the penalty of such
offence where it was held that a person, “aiding, abetting or compelling the prostitution is guilty
of an offence and is liable on conviction to imprisonment for five years.” Also, according to
section 17 of the Sexual Offences Act, persons who procures another for prostitution, “either in
Trinidad and Tobago or elsewhere,” can be liable to imprisonment for fifteen years. However,
section 17 of the Trafficking in Persons Act, stated that persons who, “for the purpose of
exploitation,” in this case exploitation includes sexual exploitation, procurement or aiding in
prostitution, can be liable to imprisonment of fifteen years. Thus, the penalty under the
Trafficking in Persons Act , being fifteen years for aiding in prostitution, compared to five years
imprisonment under the Sexual Offences Act is much higher. However, not only is the penalty
higher under the Trafficking in Persons Act, but there is also one clear definition that targets all
types of sexual exploitation under the 2011 Act. This one definition includes aiding in
prostitution and procurement unlike the Sexual Offences Act, whereby section 17 deals separately
with procurement and section 24 deals with aiding in prostitution. Thus showing that the
structure of the Trafficking in Persons Act is effective as an individual need not look at every
section of the Act to see who can be criminalized for engaging in sexual exploitation, since under
the 2011 Act, it is simply stated in one section.
Furthermore, the Trafficking in Persons Act is quite effective as it offers great protection for the
victims.
Part VI of the 2011 Act, entitled, “Assistance to and protection of Victims of
trafficking,” illuminates the great protection that is offered under the Act. According to section
34, of the 2011 Act, the identity of the victim and the victim’s family shall be kept confidential
and the victim’s hearing is to be heard in private (on camera) in order to protect the victim’s
privacy. The protection offered is so effective that persons can be fined one hundred thousand
dollars if they are found revealing the victim’s confidentiality, according to section 34 (3) of the
Act. Also, victims are protected by a Counter Trafficking Unit established under the 2011 Act.
As outlined in section 44 (2) the Unit provides for victims who are children with services, which
may include the understanding of their rights, privacy, housing, care and appropriate support.
Thus, the fact that a Counter Trafficking Unit has been established to protect victims highlights
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