The Effect of the Victim’s Consent in the Crime of Human Trafficking Under the Jordanian Human Trafficking Prevention Law

Mohammad AL-salamat1, Zaid Garaibeh2 & Mohamad Alshible3

Abstract
This research addresses a critical dimension of human trafficking crimes, a
pressing issue reminiscent of historical slavery and human exploitation. In
particular, this study examines the role of the victim’s consent in the perpetration of
human trafficking crimes. Given that instances exist where victims may sometimes
willingly participate in these activities, it becomes imperative to investigate the
legislative and judicial stances regarding the culpability of the offender when such
consent is present. The researcher initially delves into the concept of the victim and
their involvement in the crime before expounding on the positions adopted by the
Jordanian legislator and judiciary. It was concluded that the presence or absence of
the victim’s consent does not affect the criminal nature of exploitation in all its
manifestations. Consequently, this research recommends the establishment of
explicit and direct legal provisions addressing the issue of victim consent and its
impact on criminal liability.

Keywords: Criminal law, human trafficking crimes, Jordanian law, the role of
the victim in the crime