The Demographic Characteristics of Federal Trafficking Defendants: Who are the Offenders?

Author: Judge, Shana & Doherty, Yuka Kawahito

Abstract: Because it commodifies humans and their labor, human trafficking is distinct from other crimes and from other types of trafficking, including drug trafficking, the most frequently-prosecuted trafficking crime. The underlying social networks and organizational structures of these trafficking crimes may also differ, resulting in potentially significant differences among the offenders themselves. Using 21 years of data from the Federal Justice Statistics Program in a quantitative research design, we examined whether significant demographic differences exist between defendants charged with drug or human trafficking, and within human trafficking, between those charged with labor or sex trafficking. Further, because federal statutes differentiate among the severity of sex trafficking crimes, we assessed whether significant differences exist among sex trafficking defendants, depending on the severity of the crime with which the defendant is charged. Results indicate that human trafficking defendants differ in important respects from drug trafficking defendants. When separating human trafficking crimes into labor and lower- and higher-penalty sex trafficking, statistically significant differences among defendants remain. Notably, males and White/White Hispanic defendants in human trafficking cases are most likely to be charged with serious, higher-penalty sex trafficking. Female defendants are more likely to be charged with lower-penalty crimes that do not involve minor victims or the use of force. The networks and opportunity structures necessary to support severe forms of trafficking may therefore be dominated by male offenders. Although recent media attention has focused on female offenders in sex trafficking cases, researchers and policymakers should note that these cases do not reflect historical trends.

Keywords: human trafficking, drug trafficking, labor trafficking, sex trafficking, defendant characteristics