VICTIM CONSENT IN HUMAN TRAFFICKING: A COMPARATIVE CRIMINAL-LAW ANALYSIS

Abstract

The issue of victim consent remains one of the most challenging questions in the criminal-law regulation of human trafficking. Although the international legal framework establishes that a victim’s consent is irrelevant where coercive or deceptive means have been employed, the practical interpretation and application of this principle continue to differ across national legal systems. This article examines the criminal-law significance of victim consent in human trafficking through a comparative analysis of international standards and selected foreign legislative approaches, with particular attention to the relationship between consent, exploitation, coercion, deception, abuse of power, and abuse of a position of vulnerability. The study employs comparative-legal, formal-legal, and analytical methods to identify inconsistencies in the treatment of apparent consent and to assess their implications for the effective prosecution of trafficking offences and protection of victims. The article argues that an overly broad reliance on the victim’s apparent willingness may shift the focus from the conduct of the perpetrator to the behaviour of the victim and consequently weaken the effectiveness of anti-trafficking criminal law. At the same time, an excessively broad interpretation of vulnerability may create difficulties in distinguishing trafficking from other forms of exploitation. Based on the comparative findings, the article proposes directions for clarifying the legal treatment of consent and strengthening victim-centred criminal-law mechanisms within national legislation.