Victims of trafficking may be subjected to a number of criminal acts, such as kidnapping, physical and sexual assault or imprisonment, all of which are prohibited under general criminal provisions.  Advocates should exert pressure on local government authorities to prosecute such criminal offenses when the victims are trafficked persons even when prosecution of the crime of trafficking is not possible. 

As mentioned above, many national governments' first legal reform efforts on the issue of trafficking in persons is the creation of a distinct criminal offense.  The creation of domestic criminal law on trafficking serves a number of purposes.  First, the existence of a distinct offense of trafficking in human beings compels law enforcement authorities to address the problem.  As noted by human rights advocates, trafficking and the attendant criminal violations are infrequently prosecuted in countries without specific criminal provisions that address trafficking.  In some cases, trafficking in women is prosecuted under provisions that relate to smuggling or forced prostitution.  Because such legal provisions are limited, however, traffickers receive relatively low penalties that are not reflective of the scope of the criminal activity that takes place in trafficking cases and which are not effective as a deterrent.  Furthermore, victims themselves may face prosecution for illegal entry, illegal work or involvement in prostitution. 

Second, a clearly-defined offense of trafficking allows for prosecution of a range of activities, and not merely prostitution.  According to a 2001 Council of Europe report, for example, "No member state of the Council of Europe has made express provision under its criminal law for an offence of keeping domestic slaves" despite the fact that most domestic services in Europe are being fulfilled by female immigrants.  Most often, domestic servants, many of whom are subjected to intolerable working conditions and mistreatment, are treated under domestic law as illegal immigrants. 

Third, harmonized criminal law across nations allows for cross-border law enforcement cooperation in the investigation and prosecution of trafficking cases.  Because traffickers frequently move their victims from country to country and women are sold and re-sold in the trafficking process, it may be necessary for more than one country to provide information vital to the prosecution of a trafficker or trafficking ring.