Breaking Down a Commercial Sex Act: “Sex Act” and “Anything of Value” – A Toolkit

Questions about whether a situation involves a commercial sex act are some of the most common questions practitioners bring to CAST. This toolkit breaks down two key components of the commercial sex act definition: what could count as a sex act and what could count as anything of value, and explains how to analyze whether the sex act and the thing of value were exchanged for each other.

Target Audience

This toolkit is designed primarily for attorneys and legal practitioners analyzing whether a case involves a commercial sex act under the federal definition of “severe form of trafficking in persons.” It walks through the relevant statutes, case law, and AAO decisions, and offers four questions to help organize the analysis. It is not an exhaustive analysis of every situation. Non-attorneys may also find it helpful for context, though it uses legal terminology and concepts.

Prior to Using This Tool

This toolkit uses terms from the federal definition of “severe form of trafficking in persons” under 22 U.S.C. § 7102(11). Before using it, we recommend reviewing:

Components of the Toolkit

  1. Video Explanation (28 minutes): Walks through the legal framework for analyzing a sex act and anything of value, four questions to help organize the analysis, and four AAO case examples.  The video covers:
    • The commercial sex act definition
    • What counts as a sex act
    • What counts as anything of value
    • Grooming v. commercial sex act
    • Four questions to organize the analysis
    • AAO case examples
  2. Breaking Down a Commercial Sex Act: Sex Act and Anything of Value – Video Toolkit Handout (PDF): The companion handout provides the key points and graphics from the video in an easier-to-read format, including four questions to organize commercial sex analysis, and a summary of the AAO case examples.

This toolkit follows CAST’s Understanding the Legal Definition of Human Trafficking advisory, which includes the full citations and case law discussed in the video.

Republication Information

This material may not be copied or duplicated in whole or in part by any means without express prior agreement from CAST or the Office for Victims of Crime (OVC).

The Comprehensive Training and Technical Assistance Project by the Coalition to Abolish Slavery and Trafficking is funded under 15POVC-23-GK-00929-HT, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Some material was created previously under 2018-VT-BX-K014, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice and Grant No. 2018-TA-AX-K009 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this document are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice. The material from this website may not be copied or duplicated in whole or part by any means without express prior agreement from CAST, Office for Victims of Crime, or the Office for Violence Against Women.

 

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