SC: Recruiting children for sexual exploitation is human trafficking

Recruiting children for sexual exploitation can already be considered trafficking even without the use of threats, force or intimidation, the Supreme Court (SC) ruled.

“Trafficking exists if the victim is a child, even if the means used are different from those prescribed by law,” the Second Division of the Court of Justice ruled in a 10-page decision.

The higher court made the remark, as it confirmed the conviction of two people for qualified human trafficking.

In 2016, police officers carried out a sting operation in which two defendants offered birthday parties to girls aged 14 to 18 for £1,000 over three hours and £3,000 overnight, the court heard.

On the appointed day, the accused brought several female minors to the undercover agents, after which they were arrested after receiving marked money.

The court noted that during the court session, the victims claimed that the accused persuaded them to go to a party and perform sexual acts for money.

Both the Regional Court of First Instance and the Court of Appeal found them guilty of aggravated trafficking under the 2003 Anti-Trafficking in Persons Act.

However, in an appeal to the SC, the two defendants argued that the prosecution failed to prove that they threatened, coerced or coerced the minors.

According to the court, human trafficking occurs when people are recruited, transported, or transferred for the purpose of exploitation, including prostitution, forced labor, slavery, or the removal or sale of organs through the threat or use of force, coercion, deception, abuse of power, or the offer of money.

The SC noted that according to Article 3(a) of the law, the recruitment of a child through sexual exploitation is sufficient to establish the fact of human trafficking, regardless of the means used.

“The absence of threat, force or coercion is insignificant and irrelevant,” the SC said.

“In any event, the accused-appellants clearly took advantage of the youth of the victims and needed to earn money to obtain their consent,” it added later.

Both were sentenced to life imprisonment and a fine of 2 million pesos on each of the eight counts.

They were also ordered to pay each victim jointly and severally £500,000 in punitive damages and £100,000 in exemplary damages with interest at 6% per annum from the date of the final judgment until full payment.

The decision, written by Senior Associate Marvic Leonen, was released in December 2024 and made public in January 2025. — VDV, GMA Integrated News