Legal Justice for Sex Trafficking Survivors: What You Need To Know

Surviving sex trafficking may sound like one is finally out of the struggle and abuse. But actually, the struggles do not end once free. Most of the survivors are still left with unresolved questions and legal concerns that the justice system itself fails to hear with empathy. Understanding your rights may be able to give you back some control of your situation and obtain the justice you really deserve.

International reports indicate that 79% of all cases of human trafficking are for the purpose of sexual exploitation and that women and girls constitute the majority of victims, as estimated by the United Nations Office on Drugs and Crime. That enormous figure indicates how widespread sex trafficking is and why legal access to justice is important. (1)

If you are curious what follows surviving human trafficking, the guide that can guide you in taking your next step with greater clarity and confidence.

Recognize the Legal Rights You Have as a Survivor

Sex trafficking is a serious criminal offense, and survivors have legal rights that must be protected. Under the United States anti-trafficking law, specifically the Trafficking Victims Protection Act, anyone who recruits, harbors, transports, provides or obtains a person for a commercial sex act through force, fraud, or coercion, can be prosecuted for human trafficking, even if the victim consented at some point. (2)

Survivors may also be eligible for legal benefits like immigration relief, especially through programs such as the T visa and U visa. These options allow eligible victims to remain and work in the U.S., apply for lawful permanent residency, and access resources that support long-term safety and recovery. These protections reduce the risk of further exploitation and encourage survivors to collaborate with law enforcement and catch the traffickers. (3)

Report Human Trafficking Crimes and Pursue Criminal Charges

If you're a survivor or someone aware of human trafficking activity, one of the most crucial steps you can take is to report human trafficking crimes. A sex trafficking lawyer can help you understand your legal options, assist in preparing your case, and support you through each step of the process.

Federal law enforcement agencies treat these human trafficking reports seriously. If you report your situation with your lawyer's help, the law enforcement can open criminal investigations to ensure the arrests and convictions of the criminals. There are also legal professionals and victim advocates who specialize in sex and labor trafficking cases that can guide you through the reporting process.

Seek Restitution and Civil Compensation

Besides filing criminal charges, sex trafficking survivors can also pursue financial compensation. Under the United States federal law, convicted child sex traffickers are required to pay restitution to victims. This means they must cover costs like medical bills, therapy, lost income, housing, and other damages caused by the trafficking situation.

For example, in one recent case, a federal court ordered traffickers to pay over USD$500,000 in restitution to 55 agricultural workers in South Carolina who were exploited for forced labor (labor trafficking). These court-ordered payments covered unpaid wages and other damages the victims endured. While no amount can erase the harm and trauma that these people endured, restitution offers survivors a step toward financial stability. (4)

On top of restitution from criminal cases, survivors also have the option to file civil lawsuits. These civil claims allow survivors to sue traffickers or anyone who knowingly profited from their exploitation for damages. This could involve individuals, businesses, or organizations that contributed to human trafficking.

Expunge Criminal Records Related to Trafficking

Survivors are often compelled to engage in crime while they're with their traffickers. This may involve criminal activity like theft, possession of drugs, prostitution, child pornography, and immigration offenses. Sadly, these accusations tend to remain on public records, which still impinge upon the survivors' years after they've escaped.

Fortunately, a few states have enacted vacatur or expungement statutes specifically tailored for survivors of trafficking. These legal provisions can erase the slate clean by eliminating convictions from your record and permitting you to begin anew.

This new beginning can lead to improved job opportunities, housing, education, and the like. While seeking expungement is an extended process that might need a lawyer's assistance, it's a vital first step towards regaining control over your life.

Protect Your Safety During Legal Proceedings

It can be scary or even risky for some individuals to testify against a trafficker. Survivors might fear being retraumatized or harassed by the criminals for testifying. But you don't have to do it alone, with help available. Safety procedures are now put in place to safeguard you beforehand, during, and after court proceedings.

Law enforcement officers may assist in designing an individual safety plan to meet your circumstances. Prosecutors, for instance, might request that the court issue restraining or no-contact orders. Judges, in certain circumstances, may allow you to testify by video or screen to safeguard your identity in prosecuting sex trafficking offenses.

You are also entitled to have an advocate with you from the victim services. They'll accompany you to hearings, explain things to you, and ensure your voice is heard.

Key Takeaway

Getting justice after you survive sex trafficking won't ever be simple, but it isn't impossible. You have rights, laws and individuals who are willing to help. So you don't need to sort out the legal justice by yourself. If you are considering acting, understand that assistance is available, and you are entitled to every opportunity to get your life back.

References:

1. “UNODC report on human trafficking exposes modern form of slavery”

2. “Human Trafficking”

3. “Victims of Human Trafficking and Other Crimes”

4. “Getting Restitution into the Hands of Trafficking Victims”