Migrant sex work
Sex work and sex trafficking conflation is also a heavily debated legal topic. Several scholars argue that existing legal provisions aimed at combating human trafficking, such as the U.S. Trafficking Victims Protection Act and the 2000 United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, do not adequately account for the variety of sex worker conditions and contexts, voluntary or involuntary. For instance, Filipina hostesses who migrate to Japan to work as entertainers must give up their legal documents to their recruiters during the migration process. While the law considers the process of giving up a passport to a third party intermediary as a condition of human trafficking, several scholars, activists, and the sex workers themselves do not regard this to be human trafficking, particularly when individuals consent to this component of the migration process.
Human trafficking
Trafficking for sexual exploitation was formerly thought of as the organized movement of people, usually women, between countries and within countries for sex work with the use of physical coercion, deception and bondage through forced debt. However, the Trafficking Victims Protection Act of 2000 (US), does not require movement for the offence. The issue becomes contentious when the element of coercion is removed from the definition to incorporate facilitation of consensual involvement in prostitution. For example, in the United Kingdom, the Sexual Offences Act 2003 incorporated trafficking for sexual exploitation but did not require those committing the offence to use coercion, deception or force, so that it also includes any person who enters the UK to carry out sex work with consent as having been "trafficked." In addition, any minor involved in a commercial sex act in the US while under the age of 18 qualifies as a trafficking victim, even if no force, fraud or coercion is involved, under the definition of "Severe Forms of Trafficking in Persons" in the US Trafficking Victims Protection Act of 2000.