Human Trafficking+ Laws, Charges & Statute of Limitations
Human trafficking involves the act of exploiting and controlling another person for profit. Both children and adults can be a victim of human trafficking. Human trafficking is a growing crime. State legislators are trying to create more laws that will address this issue.
Human Trafficking Charges
Anyone who coerces a person into performing labor or sexual acts can be charged with human trafficking. It is important to note that this coercion does not have to be physical. If someone is psychologically manipulated into performing an act, then the other person can be charged with human trafficking.
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(212) 300-5196What Is Sex Trafficking?
Sex trafficking is a type of human trafficking. A pimp/prostitute type of relationship can qualify as sex trafficking. However, one has to be able to prove that the victim was deprived of the individual liberties. A person can be coerced through the act of force, fear and violence. However, if the victim is a minor, then there is no need to prove that the person was deprived of their liberty.
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Your adult daughter confided that her employer at a massage parlor confiscated her passport, forced her to work 16-hour days, and threatened to harm your family overseas if she tried to leave. When you contacted police, they told you the investigation could take months and asked whether your daughter would be willing to testify against the business owner.
What legal protections exist for my daughter as a trafficking victim, and what charges could her employer face?
Under the Trafficking Victims Protection Act (TVPA), your daughter is entitled to federal protections including a T-visa that allows trafficking victims to remain in the United States and access social services regardless of immigration status. Her employer could face charges under 18 U.S.C. § 1589 for forced labor and 18 U.S.C. § 1592 for document servitude, each carrying up to 20 years in federal prison — and if the trafficking involved kidnapping or sexual abuse, the sentence can be life imprisonment. Most states also have their own human trafficking statutes that allow separate prosecution and provide victims with civil remedies to recover damages. An experienced attorney can help your daughter secure victim protections, coordinate with law enforcement, and pursue both criminal accountability and financial restitution against the trafficker.
This is general information only. Contact us for advice specific to your situation.
