If Sean “Diddy” Combs is convicted of sex trafficking by force, he will go to prison for a minimum of 15 years and he could receive a life sentence. The criminal code regarding trafficking in the United States is comprehensive and carries significant punishments thanks to an almost entire rewrite of the statutes that became law in 2000.
Rep. Chris Smith, R-N.J., authored the Trafficking Victims Protection Act and said it’s the most comprehensive he’s ever written.
“The criminal code was almost nonexistent,” Smith told Straight Arrow News. “There were almost no prosecutions. The fines or jail time were not commensurate with the heinous act of human trafficking, sex or labor trafficking.”
Smith said when he started looking into trafficking law, multiple U.S. Attorneys told him they had no cases because there was nothing compelling within the current statutes they could use to target someone.
“There has to be a penalty phase, but not for the women. We hold them harmless,” Smith said. “And that was one of the sea changes that we put into the law, that no woman could be prosecuted as a victim.”
Smith said he wrote in multiple provisions that were key to protecting victims. As an example, if the victim is younger than 18, then it only takes one single commercial sex act to qualify as a human trafficking case.
“The false assumption that many of us had was that it was more of an overseas thing,” Smith said. “With the break with the Soviet Union, the KGB went into selling women, drugs and women, as well as weapons. So there was this sense that trafficking was over there. It didn’t take long for all of us to realize…that it’s right here in our backyard.”
In addition to penalties for perpetrators, Smith’s bill created training programs for flight attendants, hotel employees and other travel industry workers who are in positions to identify trafficking victims and notify authorities.
Smith also wrote the law used to charge financier Jeffrey Epstein before his death. He has dedicated much of his career to human rights.
“What we saw with the breakup of the Soviet Union and East Bloc countries, that there was a huge increase in human trafficking,” Smith said. “The Internet enabled a lot of it too as that broke onto the scene. So this idea of buying and selling women coercively or minors, it was like nobody’s addressing this.”
Smith was first elected in 1980 and is serving his 22nd two-year term. He’s currently tied as the longest-serving active representative.