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Rungnapha Kanbut was sentenced to eight years in prison after being found guilty of intentionally possessing a slave.
News.com.au
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8/31/22
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A woman who forced two Thai women into sex slavery sobbed in court as lawyers discussed her “good character” during an appeal to have her conviction overturned on Wednesday.
Rungnapha Kanbut also wept when the court heard a disabled relative had experienced significant hardship without her.
Ms.Kanbut was sentenced to eight years in prison in 2019 after being found guilty of intentionally possessing a slave, exercising powers of ownership over a slave and dealing with the proceeds of crime.
She appeared in NSW Supreme Court from prison via videolink and used a translator to appeal for her conviction to be quashed or, failing that, her sentence to be reduced.
The now roughly 60-year-old was found to have subjected two women to severe mistreatment and prison-like conditions after they moved from Thailand to Australia between 2004 and 2005.
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When the women arrived in Sydney, Ms.Kanbut confiscated their passports and told them they would each need to pay off a $45,000 debt, a jury was told during the initial trial.
The women were frequently forced to work up to 12 hours a day at multiple brothels, with almost all of their earnings going towards the “debts”.
Naked photos were also taken of the women and used to exert extra control by threatening to release them on the internet, a court heard during the trial.
Ms.Kanbut’s lawyer, David Barrow, told a panel of judges a relative had been diagnosed with autism shortly before she went to prison and had suffered from bullying and isolation.
He told the court the relative remained “entirely reliant” on her.
“This is a vulnerable individual,” Mr Barrow said.
Mr Barrow also told the court that testimonies as to her character were missing from the trial and if included, may have impacted the jury’s opinion of her.
Submissions by a number of people who knew Ms.Kanbut in the time following her crimes were said by her lawyer to express “shock” at the alleged crimes.
One of the witnesses was quoted as describing her as a “kind and generous woman”.
“Had this material been available, it would have painted a very different picture of the accused,” Mr Barrow said.
At the time of sentencing, Judge Nanette Williams said Ms.Kanbut was “not without compassion” for the women but had effectively kept them in a prison with no bars.
“Those who choose to involve themselves in slavery reap significant financial benefits at the great cost of those enslaved,” she said at the time.
One of Ms.Kanbut’s victims said she was spat on and bruised by some of her customers, but was told to “put up with it until the time was up and kick the customer out”.
Ms.Kanbut’s second victim reported being forced to service up to 10 clients a day.
“I will have to live with the scars of these experiences for the rest of my life,” she said.
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Woman held as sex slave, tortured in front of kids The woman was allegedly held against her will at two separate hotels in Pineville, North Carolina, where police say “she was forced into sexual acts with random men,” according to police.
From Wikipedia, the free encyclopedia
Slavery with the intention of using the slaves for sex
Further information: Arab slave trade
Davis, Robert Murray (2003). Christian slaves, Muslim masters: white slavery in the Mediterranean, the Barbary Coast, and Italy, 1500–1800 . Basingstoke: Palgrave Macmillan. ISBN 978-1-4039-4551-8 .
Walsh, Michael J.; Don Jordan (2008). White Cargo: The Forgotten History of Britain's White Slaves in America . NYU PRESS. ISBN 978-0-8147-4296-9 .
Lal, Kishori Saran (1994). Muslim Slave System in Medieval India . Columbia, Mo: South Asia Books. ISBN 978-81-85689-67-8 .
Markon, Jerry, Washington Post. "Human Trafficking Evokes Outrage, Little Evidence" 23 September 2007
Davies, Nick Guardian newspaper "Inquiry fails to find single trafficker who forced anybody into prostitution" 20 October 2009
Davies, Nick Guardian newspaper "Prostitution and trafficking – the anatomy of a moral panic" 20 October 2009
Ozimek, John The register "UK gov prostitution proposals caught with pants down" 22 October 2009:
Dasgupta, Rajashri, and Murthy, Laxmi The hoot media: "Human trafficking exaggerated numbers?" January 2009
Weitzer, Ronald - George Washington University report
Waterfield, Bruno Spiked online "Exposed: the myth of the World Cup sex slaves" February 2007
Slavery with a capital S at the Wayback Machine (archived 15 May 2010)
New York Times: "The Face of Slavery" By Kassie Bracken 4 January 2009
Wikiquote has quotations related to Sexual slavery .
Note: Crimes vary by jurisdiction . Not all types are listed here.
Sexual slavery and sexual exploitation is an attachment of any ownership right over one or more people with the intent of coercing or otherwise forcing them to engage in sexual activities . [1] [2] This includes forced labor , reducing a person to a servile status (including forced marriage ) and sex trafficking persons , such as the sexual trafficking of children . [1]
Sexual slavery may also involve single-owner sexual slavery ; ritual slavery, sometimes associated with certain religious practices, such as ritual servitude in Ghana , Togo and Benin ; slavery for primarily non-sexual purposes but where non-consensual sexual activity is common; or forced prostitution .
The Vienna Declaration and Programme of Action calls for an international effort to make people aware of sexual slavery, and that sexual slavery is an abuse of human rights . The incidence of sexual slavery by country has been studied and tabulated by UNESCO , with the cooperation of various international agencies. [3]
The Rome Statute (1998) (which defines the crimes over which the International Criminal Court may have jurisdiction) encompasses crimes against humanity (Article 7) which include "enslavement" (Article 7.1.c) and "sexual enslavement" (Article 7.1.g) "when committed as part of a widespread or systematic attack directed against any civilian population". It also defines sexual enslavement as a war crime and a breach of the Geneva Conventions when committed during an international armed conflict (Article 8.b.xxii) and indirectly in an internal armed conflict under Article(8.c.ii), but the courts jurisdiction over war crimes is explicitly excluded from including crimes committed during "situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature" (Article 8.d). [4]
The text of the Rome Statute does not explicitly define sexual enslavement, but does define enslavement as "the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children" (Article 7.2.c). [4] [5]
In the commentary on the Rome Statute, [6] Mark Klamberg states: [7] [8]
Sexual slavery is a particular form of enslavement which includes limitations on one's autonomy, freedom of movement and power to decide matters relating to one's sexual activity. Thus, the crime also includes forced marriages , domestic servitude or other forced labor that ultimately involves forced sexual activity. In contrast to the crime of rape, which is a completed offence, sexual slavery constitutes a continuing offence. ... Forms of sexual slavery can, for example, be practices such as the detention of women in "rape camps" or "comfort stations", forced temporary "marriages" to soldiers and other practices involving the treatment of women as chattel, and as such, violations of the peremptory norm prohibiting slavery.
Commercial sexual exploitation of adults (often referred to as "sex trafficking") [9] is a type of human trafficking involving the recruitment, transportation, transfer, harboring or receipt of people, by coercive or abusive means for the purpose of sexual exploitation. Commercial sexual exploitation is not the only form of human trafficking and estimates vary as to the percentage of human trafficking which is for the purpose of transporting someone into sexual slavery.
The BBC News cited a report by UNODC as listing the most common destinations for victims of human trafficking in 2007 as Thailand , Japan, Israel, Belgium, the Netherlands, Germany, Italy, Turkey and the United States. The report lists Thailand, China, Nigeria, Albania, Bulgaria, Belarus, Moldova and Ukraine as major sources of trafficked persons. [10]
Commercial sexual exploitation of children (CSEC) includes child prostitution (or child sex trafficking), child sex tourism , child pornography , or other forms of transactional sex with children. The Youth Advocate Program International (YAPI) describes CSEC as a form of coercion and violence against children and a contemporary form of slavery . [11] [12]
A declaration of the World Congress Against the Commercial Sexual Exploitation of Children, held in Stockholm in 1996, defined CSEC as, "sexual abuse by the adult and remuneration in cash or in kind to the child or to a third person or persons. The child is treated as a sexual object and as a commercial object". [12]
Child prostitution, or child sex trafficking, is a form of sexual slavery. [13] It is the commercial sexual exploitation of children , in which a child performs the services of prostitution, usually for the financial benefit of an adult.
India's federal police said in 2009 that they believed around 1.2 million children in India to be involved in prostitution. [14] A CBI statement said that studies and surveys sponsored by the Ministry of Women and Child Development estimated about 40% of India's prostitutes to be children. [14]
Thailand's Health System Research Institute reported that children in prostitution make up 40% of prostitutes in Thailand. [15]
In some parts of the world, child prostitution is tolerated or ignored by the authorities. Reflecting an attitude which prevails in many developing countries, a judge from Honduras said, on condition of anonymity: "If the victim [the child prostitute] is older than 12, if he or she refuses to file a complaint and if the parents clearly profit from their child's commerce, we tend to look the other way". [16]
Child sex tourism is a form child sex trafficking, and is mainly centered on buying and selling children into sexual slavery. [17] [18] It is when an adult travels to a foreign country for the purpose of engaging in commercially facilitated child sexual abuse. [19] Child sex tourism results in both mental and physical consequences for the exploited children, that may include "disease (including HIV/AIDS ), drug addiction, pregnancy, malnutrition, social ostracism, and possibly death", according to the State Department of the United States. [19] Thailand, Cambodia, India, Brazil and Mexico have been identified as leading hotspots of child sexual exploitation. [20]
Child pornography, sometimes referred to as 'child abuse images', [21] [22] [23] refers to images or films depicting sexually explicit activities involving a child. As such, child pornography is often a visual record of child sexual abuse . [24] [25] [26] Abuse of the child occurs during the sexual acts which are photographed in the production of child pornography, [24] [25] [27] [28] and the effects of the abuse on the child (and continuing into maturity) are compounded by the wide distribution and lasting availability of the photographs of the abuse. [29] [30] [31]
Child sex trafficking often involves child pornography. [17] Children are commonly purchased and sold for sexual purposes without the parents knowing. In these cases, children are often used to produce child pornography, especially sadistic forms of child pornography where they may be tortured. [17]
Victims of cybersex trafficking , primarily women and children, are sex slaves [32] [33] who are trafficked and then forced to perform in live streaming [34] shows involving coerced [35] sex acts or rape on webcam. [36] [37] They are usually made to watch the paying consumers on shared screens and follow their orders. [38] It occurs in 'cybersex dens', which are rooms equipped with webcams . [39] [38]
Most, if not all, forms of forced prostitution may be viewed as a kind of sexual slavery. [40] The terms "forced prostitution" and "enforced prostitution" appear in international and humanitarian conventions but have been insufficiently understood and inconsistently applied. "Forced prostitution" generally refers to conditions of control over a person who is coerced by another to engage in sexual activity. [41]
The issue of consent in prostitution is hotly debated. Opinion in places such as Europe has been divided over the question of whether prostitution should be considered as a free choice or as inherently exploitative of women. [42] The law in Sweden, Norway and Iceland – where it is illegal to pay for sex, but not to sell sexual services – is based on the notion that all forms of prostitution are inherently exploitative, opposing the notion that prostitution can be voluntary. [43] In contrast, prostitution is a recognized profession in countries such as the Netherlands and Germany.
In 1949 the UN General Assembly adopted the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (the 1949 Convention). Article 1 of the 1949 Convention provides punishment for any person who "[p]rocures, entices or leads away, for purposes of prostitution, another person" or "[e]xploits the prostitution of another person, even with the consent of that person." To fall under the provisions of the 1949 Convention, the trafficking need not cross international lines. [44]
In contrast, organizations such as UNAIDS , WHO , Amnesty International , Human Rights Watch and UNFPA have called on states to decriminalize sex work in the global effort to tackle the HIV/AIDS epidemic and ensure sex workers' access to health services. [45] [46] [47]
A forced marriage is a marriage where one or both participants are married, without their freely given consent. [48] Forced marriage is a form of sexual slavery. [7] [8] Causes for forced marriages include customs such as bride price and dowry ; poverty; the importance given to female premarital virginity ; " family honor "; the fact that marriage is considered in certain communities a social arrangement between the extended families of the bride and groom; limited education and economic options; perceived protection of cultural or religious traditions; assisting immigration. [49] [50] [51] [52] [53] Forced marriage is most common in parts of South Asia and sub-Saharan Africa . [54]
The Rome Statute Explanatory Memorandum, which defines the jurisdiction of the International Criminal Court , recognizes rape , sexual slavery, forced prostitution, forced pregnancy , forced sterilization , "or any other form of sexual violence of comparable gravity" as crimes against humanity if the action is part of a widespread or systematic practice. [55] [56] Sexual slavery was first recognized as a crime against humanity when the International Criminal Tribunal for the former Yugoslavia issued arrest warrants based on the Geneva Conventions and Violations of the Laws or Customs of War. Specifically, it was recognised that Muslim women in Foča (southeastern Bosnia and Herzegovina ) were subjected to systematic and widespread gang rape, torture and sexual enslavement by Bosnian Serb soldiers, policemen, and members of paramilitary groups after the takeover of the city in April 1992. [57] The indictment was of major legal significance and was the first time that sexual assaults were investigated for the purpose of prosecution under the rubric of torture and enslavement as a crime against humanity. [57] The indictment was confirmed by a 2001 verdict by the International Criminal Tribunal for the former Yugoslavia that rape and sexual enslavement are crimes against humanity. This ruling challenged the widespread acceptance of rape and sexual enslavement of women as an intrinsic part of war. [58] The International Criminal Tribunal for the former Yugoslavia found three Bosnian Serb men guilty of rape of Bosniak (Bosnian Muslim) women and girls – some as young as 12 and 15 years of age – in Foča , eastern Bosnia and Herzegovina. The charges were brought as crimes against humanity and war crimes . Furthermore, two of the men were found guilty of the crime against humanity of sexual enslavement for holding women and girls captive in a number of de facto detention centers. Many of the women had subsequently disappeared. [58]
In areas controlled by Islamic militants, non-Muslim women are enslaved in occupied territories. Many Islamists see the abolition of slavery as forced upon Muslims by the West and want to revive the practice of slavery. [59] [60] [61] (See: Slavery in 21st-century Islamism ). In areas controlled by Catholic priests , clerical abuse of nuns , including sexual slavery, has been acknowledged by the Pope . [62] [63]
Bride kidnapping, also known as marriage by abduction or marriage by captive, is a form of forced marriage practised in some tradit
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