“These Girls Never Give Statements”: Anti-Trafficking Interventions and “Victim-Witness Testimony” in India

Abstract

Framing sex trafficking as primarily a law enforcement and criminal justice issue, the U.S. State Department funds global South NGOs to work with the Indian legal system to strengthen prosecutions of sex trafficking cases. Though rescuing sex workers and training them to testify against alleged traffickers is key to these interventions, and though rescued sex workers do sometimes testify, my ethnographic research and interviews with NGOs, legal actors, and sex workers in India revealed that this is a rare occurrence. This article explores the reasons behind this reported pattern, as well as the challenges faced by those who do testify. Through these findings, it critically examines the possibilities and limitations of the prosecutorial focus of U.S.-driven, NGO-mediated anti-trafficking interventions. It situates anti-trafficking interventions centered on “victim-witness testimony” in the Indian socio-legal context, demonstrating how prosecution is shaped by a range of factors, circumstances, and contingencies involving foreign-funded NGOs, the procedures, political economy and culture of the Indian legal system, individual legal actors’ motivations, and rescued sex workers’ complex subjectivities, experiences, choices, and perceptions of justice. It draws upon and contextualizes these findings to challenge prevalent assumptions about the victimhood of global South sex workers, about global South legal systems necessarily lacking resources and commitment, and about anti-trafficking solutions rooted in criminal justice incontrovertibly benefiting survivors of sex trafficking.

Keywords

• sex trafficking
• NGOs
• India
• law
• courts
• prosecution