Human Trafficking for Sexual Exploitation in Peru: Legal Analysis, Evidentiary Challenges, and Reform Proposals

Abstract

This article addresses the phenomenon of human trafficking for sexual exploitation in Peru. It analyzes the current context of the issue, its structural causes and social consequences, as well as the national and international legal frameworks designed to confront it. From a legal perspective, it argues that the criminal prosecution of this offense faces significant evidentiary limitations due to the fear, economic dependence, and trauma experienced by victims, which hinder the collection of consistent testimonies. In this regard, alternative evidentiary means—such as psychological expert reports, peripheral testimonies, and pre-trial evidence—are examined, highlighting the need to strengthen their assessment in judicial proceedings.
Furthermore, the article reviews national and Inter-American case law that has established guidelines for victim protection and the requirement of a reinforced standard of judicial reasoning. Instruments such as the Brasilia Rules and the Palermo Protocol constitute essential frameworks to ensure access to justice for persons in vulnerable situations. The analysis shows that, although Peru has made progress in criminalizing this offense and in developing public policies, shortcomings persist in the practical application of the law, particularly in terms of training justice operators and ensuring consistency in judicial criteria.
The study concludes that the fight against human trafficking cannot be limited to the enactment of harsher laws, but rather demands a comprehensive approach that prioritizes victim protection, prevents re-victimization, and consolidates a more humane and efficient justice system. It proposes the institutionalization of good procedural practices and the mandatory incorporation of international standards, with a view to building a coherent and effective state response to this serious violation of human rights.