Legal Remedies for Sex Trafficking Victims

Console and Associates, P.C.
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Trafficking in persons, commonly referred to as modern slavery, is a crime that undermines the most fundamental rights of an individual. Despite more than a decade of domestic and international and domestic anti-trafficking laws, sex and human trafficking impact every country worldwide, including the United States.

The criminalization of human trafficking has been the primary anti-trafficking response by the United States. However, the criminal justice system is not the only avenue of recourse for sex trafficking survivors. Filing a civil lawsuit can be emotionally daunting, but it is one step human trafficking survivors can take to move forward with their lives. Pursuing a sex trafficking claim can provide survivors with meaningful compensation that, while it won’t undo the harms they’ve suffered, can make moving on with their lives a little bit easier.

What is Human Trafficking?

“Trafficking in persons” and “human trafficking” are broader categories for acts involving obtaining a person for compelled service or commercial sex through force, fraud, or coercion. The Trafficking Victims Protection Act of 2000 (TVPA) and the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, include various concepts to define compelled service. Under these definitions, compelled service includes:

  • Involuntary servitude,

  • Slavery,

  • Debt bondage, and

  • Forced labor.

However, force, fraud, or coercion does not need to be present in cases involving minors.

While the true extent is unknown, researchers believe that globally there are nearly 21 million victims of forced labor, including 4.5 million victims of forced sexual exploitation. Human trafficking victims include individuals of varying ages, races, ethnicity, sex, gender identity, sexual orientation, cultural backgrounds, and educational attainment levels. However, in the United States, some individuals are vulnerable to sex trafficking. Some vulnerable individuals include children in juvenile justice or foster care systems, youths experiencing homelessness, and foreign national children without lawful immigration status. Furthermore, individuals with substance abuse problems, ethnic minorities, and undocumented workers are also vulnerable to human trafficking.

The traffickers can be family members, strangers, acquaintances, or brokers who prey on these individuals and those seeking opportunities to build a life for their families.

What Are the Long-Term Consequences of Sex Trafficking?

Traffickers generally maintain their control through psychological, physical, sexual, and emotional violence or manipulation. These tactics include isolation, deception, violence, false promises, and coercion against the victims and their families. Many victims do not come forward because they cannot escape; however, others fear retaliation or the safety of their loved ones.

Sex trafficking victims are at heightened risk for serious health consequences, including physical injuries, psychological trauma, chronic health conditions, substance abuse, and sexually transmitted diseases and infections. More specifically, many victims experience fatigue, exhaustion, poor nutrition, disability, vaginal injuries, unwanted pregnancy, depression, anxiety, memory loss, somatic complaints, and death.

When to File a Civil Sex Trafficking Lawsuit

An experienced attorney representing sex trafficking victims will discuss the potential benefits and drawbacks of pursuing a lawsuit. Some things to consider when filing a civil sex trafficking claim include the following:

  • Determining the location of the defendants;

  • Considering whether the defendant can satisfy a judgment;

  • Determining whether there are additional potential plaintiffs; and

  • Evaluating any potential immigration issues.

In addition to these considerations, it is essential to note that in many cases, a civil claim is the only way a human trafficking victim can confront their trafficker.

Who Can Victims Sue in a Sex Trafficking Case?

Human trafficking schemes are often multi-tiered and involve a complex network of individuals and organizations. Although it varies, the smugglers are often at the bottom of the ring, followed by the labor contractors, then employers. Determining who is liable is a daunting yet necessary endeavor. At the bottom of the ring, the smugglers may be challenging to identify and serve. Similarly, labor contractors and small employers might be easy to name but lack the means to satisfy a judgment or settlement.

Aside from a lawsuit against the procurers and traffickers, such as the owners of prostitution adjacent businesses, a victim may consider suing the individuals who purchased the sexual acts. Further, a sex trafficking victim may consider naming different defendants for different causes of action. An attorney can help victims consider the best way to pursue a viable claim and secure a judgment.

What Claims Can Sex Trafficking Survivors Pursue?

Absent criminal prosecutors seeking restitution on behalf of the victims, a civil claim may be the only way trafficking victims can recover damages from the perpetrator. Moreover, restitution through the criminal system does not preclude a victim’s ability to recover civil damages.

Congress passed the Trafficking Victims Protection Act of 2000 (TVPA) as a comprehensive law to penalize the full extent of human trafficking offenses. In 2003, Congress added a civil cause of action, the Trafficking Victims Protection Reauthorization Act of 2003 (TVPRA). Under the codified provision U.S.C. Section 1595, sex trafficking victims can sue their traffickers for monetary damages in federal court. In addition to the TVPRA, other laws may provide civil remedies to sex trafficking victims. The laws include federal and state labor and employment laws and tort laws related to exploitation.

Sex Trafficking Lawsuit for TVPRA Violations

Under the TVPRA, those who were a victim of a violation of sections 1589,1590, or 1591 may pursue a civil action against the liable party in a district court to recover damages. The TVPRA applies to those who were victims of forced labor, trafficking into servitude, or sex trafficking.

Alien Tort Claims Act

The Alien Tort Claims Act (ATCA) may provide a cause of action in cases where a trafficking victim can demonstrate that the liable party violated a “specific, universal and obligatory” standard of international law. These claims usually involve allegations of slavery, prolonged arbitrary detention, violence against women, and degrading treatment. There has been little consistency with how courts determine damages; however, typically, victims can secure compensatory and punitive damages.

Fair Labor Standards Act Claims

Trafficked workers may have a claim under the Fair Labor Standards Act (FLSA). Under the Act, employers who violate the FLSA’s provisions may be liable to the employee for unpaid wages and overtime. Further, the employers may face civil penalties.

Negligence and Tort Claims Based on Sex Trafficking

In some cases, sex trafficking victims may be able to file a tort-based claim against their traffickers. These claims may allege:

  • Intentional infliction of emotional distress,

  • False imprisonment,

  • Assault,

  • Battery,

  • Fraudulent misrepresentation,

  • Negligence,

  • Negligent infliction of emotional distress,

  • Trespass, or

  • Conversion.

Further, some human trafficking victims may be able to pursue a breach of contract lawsuit successfully. These claims provide the victim with compensatory damages and potentially punitive damages.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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