Human Trafficking in Venezuela - Prosecution

Prosecution

Venezuelan law prohibits most forms of trafficking in porn. In March 2007, the government enacted the Organic Law on the Right of Women to a Violence-Free Life. Article 56 of the new law prohibits the trafficking of women, girls, and adolescents for purposes of sexual exploitation, prostitution, forced labor, or slavery, and prescribes punishments of 15 to 20 years' imprisonment. Articles 46 and 47 of the new law prohibit forced prostitution and sexual slavery, and carry penalties of 15 to 20 years' imprisonment. This legislation closed a gap in Venezuelan law, in which the internal trafficking of adults was not prohibited. These new anti-trafficking provisions, however, do not address the trafficking of adult males or boys. Article 16 of the Organic Law Against Organized Crime, enacted in 2005, prohibits trafficking across international borders for labor or sexual exploitation, and prescribes penalties ranging from 10 to 18 years imprisonment. Provisions of Venezuela's 2004 Naturalization and Immigration Law criminalize transnational trafficking for labor exploitation, prescribing punishments of four to 10 years imprisonment. The above penalties are commensurate with those for other grave crimes. The Child Protection Act and various articles of Venezuela's penal code can be used to prosecute internal trafficking of minors, but many of these statutes carry extremely low penalties, mostly fines.

During 2007, the government opened two criminal investigations against three trafficking suspects in Caracas; these cases were pending as of 2008. As of 2007, government officials reported that an additional 12 trafficking-related investigations remained open from previous years. The actual number of trafficking investigations is difficult to determine since the government may not be distinguishing between human trafficking and alien smuggling crimes. No convictions or sentences against trafficking offenders were reported in 2007. Police indicate that some trafficking victims are reluctant to press charges due to long court delays and fear of reprisals from their traffickers. International organizations indicate that the government cooperates with Interpol on some transnational trafficking cases, and has increased screening for potential trafficking situations at airports and border checkpoints after receiving UNHCR-sponsored training last year. As of 2008, the government was investigating an immigration official for trafficking-related complicity. Corruption among other public officials, particularly related to the issuance of false identity documents, appeared to be widespread.