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Four years ago, a Parliamentary Criminal Law Committee on Sexual Offences was established. It was instructed to undertake a complete review of the legal provisions on sexual offences and to consider whether Sweden’s legislation needed to be made more stringent. Following the Committee’s proposal, the Government submitted a bill to Parliament, focusing on the question of trafficking in human beings for sexual purposes. In June 2002, the Parliament passed a law, which specifically criminalizes trafficking in human beings for sexual purposes. The "Prohibiting Trafficking in Human Beings for Sexual Purposes Act" entered into force on 1 July, 2002.

The new law concentrated on trafficking in human beings for sexual purposes, but the new provision can be seen as a first step toward future extended penal legislation covering all forms of trafficking, such as trafficking for other forms of exploitation. The new law has been introduced in the Swedish Penal Code in section 1 a of chapter 4 on Crimes against Liberty and Peace. It covers all cross-border trafficking for sexual exploitation in which the perpetrator exploits the vulnerability of another person. The new provision states that:

Responsibility for the crime of trafficking in human beings for sexual purposes will apply to anyone who

1) by the use of unlawful coercion, deception or of any other similar improper means, induces another to go to or to be transported abroad for the purpose of sexual offences, prostitution or other forms of exploitation for sexual purposes,

2) for such a purpose and by the use of such improper means as mentioned transports, harbors or receives someone who has arrived to a country under such conditions, and

3) commits any such act against a victim who has not attained 18 years of age, even if no improper means have been used.

Attempts, preparations and conspiracy to traffick as well as failure to reveal knowledge of such activity has also been criminalized (chapter 4, section 10 and chapter 23, section 6). The punishment shall be imprisonment for a minimum of two and a maximum of ten years or, in less serious cases, imprisonment for a maximum of four years. By Swedish standards this penalty scale is quite severe.

In the past, trafficking in human beings was penalized under different penal provisions. Depending on the individual case, provisions on kidnapping, unlawful deprivation of liberty, placing a person in a distressful situation, coercion, sexual exploitation and procuring have been applicable. It was possible to take legal proceedings against trafficking already before the new law came into being. Now, it will be possible to deal with all the different stages in trafficking as one crime. Another reason for the adoption of a specific law was to highlight the present increase in trafficking in human beings. It is also believed to facilitate international co-operation against trafficking, which Swedish authorities see as the only way to effectively address the problem.

Swedish penal legislation is directed not only against the traffickers that are offering human beings to others for sexual exploitation, but also against the demand for such exploitation. According to chapter 6, section 8 of the Swedish penal Code, a person who promotes or improperly financially exploits casual sexual relations for payment of another person shall be sentenced for procuring to imprisonment for a maximum of four years. If the case is particularly serious, imprisonment for at least two and a maximum of six years shall be imposed for gross procuring (chapter 6, section 12). A person who, by promising or giving recompense, obtains or tries to obtain casual sexual relations with someone under eighteen years of age, shall be sentenced for seduction of youth to a fine or imprisonment for at most six months (chapter 6, section 12). Furthermore, obtaining casual sexual services against payment from adults is prohibited in the Purchase of Sexual Services Act, which came into force on 1 January, 1999. The punishment for the offence is fines or imprisonment for a maximum of six months. This law states that:

"A person who obtains casual sexual relations in exchange for payment shall be sentenced – unless the act is punishable under the Swedish Penal Code – for the purchase of sexual services to a fine or imprisonment for at most six months. Attempts to purchase sexual services is punishable under Chapter 23 of the Swedish Penal Code." (Unofficial translation)

The attempted offence is, thus, also punishable. The offence comprises all forms of sexual services, whether they are purchased on the street, in brothels or in so-called massage institutes, etc. The legislation is a reflection of an attitude towards prostitution as an undesirable phenomenon. The law focuses on the buyer of sexual services, rather than on the prostitute. The legislator has not considered it reasonable to punish the person who sells a sexual service. In the majority of cases, this person is the weaker person. Another important consideration is that prostitutes may be more motivated to seek help from the society if they do not run the risk of being prosecuted.

Regarding assistance to the victims of trafficking in human beings, a Swedish Parliamentary Committee is currently studying questions of how best to assist victims of trafficking in human beings. The Committee is discussing the possibility to grant victims short-term residence permits and other kinds of support in order to make it possible for them to assist in crime investigations. The Committee will define the legal provisions under which individuals shall be able to legally stay in Sweden for the necessary period of time. Other ways to assist victims of trafficking to uphold their rights will also be analyzed.

Following a joint declaration of the European Union, all its member states are to appoint a national referent on trafficking in human beings. In Sweden, it is the National Police Board, assisted by the National Criminal Investigation Department (NCID), that has been appointed. Its duty is to collect and process information about trafficking in Sweden and between Sweden and other countries. The work of the NCID involves large-scale efforts to monitor relevant international criminal contacts, which has resulted in an accumulation of increased knowledge. Since the NCID started its work against trafficking in women, the amount of tip-offs and intelligence information has steadily increased. The NCID regularly reports to the Government.

In April 2002, a special operative police commission with the task to investigate and to take action against trafficking crimes was established within the County Police in Stockholm. The commission consists of some 10-15 policemen working full-time with questions of this kind of criminality. Similar commissions will be established in Gothenburg, the second city of Sweden, and in the southern part of the country in the autumn of 2002.

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