Human Trafficking Victim Relief.

When dealing with the immediate aftermath of escaping a trafficking situation, survivors need to prioritize their physical safety and basic needs. The first priority should be to contact emergency services if necessary and secure shelter. Once safe, survivors may need to seek support services to help them cope with the trauma and transition to a life of freedom. This may include specialized counseling, emergency shelter, food assistance, and childcare.

With that said, survivors should also be aware of the immediate legal considerations following their escape. For instance, if their trafficker has withheld their passport or other immigration documents, they may need to contact the U.S. Department of State or other relevant authorities to request replacement documents. Additionally, they may face urgent immigration issues that need to be addressed, and their attorney should be able to guide them on the best steps to take to secure their legal status.

Trauma can make it difficult for survivors to identify their legal needs immediately after escaping exploitation. This may make it challenging to determine what form of legal relief to pursue, or how to seek it. As a result, victims may not seek legal action for some time. However, it is important to speak with an attorney as soon as possible. This will help ensure that survivors are aware of all of their options and can take steps to preserve their rights in case they want to pursue legal action in the future.

What other forms of immediate assistance are available to survivors?

In addition to legal relief and emergency assistance, survivors may need support to help them rebuild their lives. This may include vocational training, financial assistance, and other resources that can help them find employment and establish stability. Survivors may also benefit from support groups and other resources that can help them heal from the trauma of their exploitation.

How can federal and state civil trafficking claims turn trafficking into compensation?

Civil trafficking claims can give trafficking survivors the ability to pursue financial compensation directly from those who are responsible for their exploitation. This can include perpetrators, and in some cases, businesses that benefited from the victims’ labor. At Spodek Law Group, we handle these types of civil cases.

Federal Civil Trafficking Claims

Federal law authorizes trafficking survivors to bring civil actions against perpetrators and against persons who knowingly benefit financially or by receiving anything of value from participation in a venture that the person knew or should have known had engaged in a violation of the federal trafficking laws. This is in addition to any criminal prosecution that the trafficking survivor’s attorney may be able to secure with a federal prosecutor. Potential civil defendants can include:

• Hotels, transportation companies, websites, and other service providers
• Business owners, property managers, and other individuals who benefited financially from the forced labor or sexual exploitation
• Anyone else who may have been involved in the trafficking conspiracy
• Government agencies and officials only if another applicable cause of action authorizes the claim

Florida Civil Trafficking Claims

Florida provides a civil cause of action for human trafficking victims as well. Florida law provides a civil cause of action for a human-trafficking victim against an adult theater, or its owner, operator, or manager, that knowingly allows the victim to work, perform, or dance there, with specified damages and costs.

The burden of proof for human trafficking victims to establish their claims in civil court is a preponderance of the evidence. This is the same burden of proof that applies in almost all civil litigation, and it is far easier to meet than the beyond-a-reasonable-doubt burden of proof that applies to criminal trafficking cases.

What Damages Can Florida Human Trafficking Victims Seek?

In Florida, human trafficking victims can seek a wide range of damages in civil litigation. This may include reimbursement for their medical bills, loss of earnings, pain and suffering, and more. In some cases, these victims may also be eligible for punitive damages.

Civil human trafficking lawsuits are separate from related criminal prosecutions, but applicable law may stay them while criminal proceedings are pending; whether a civil claim can proceed after an acquittal depends on the governing law and facts.

California Civil Trafficking Claims

California law also provides a civil cause of action for human trafficking survivors. This allows survivors to seek compensation for their losses, including loss of wages, benefits, and other forms of economic loss. As with other civil claims, California human trafficking survivors may also be eligible to seek punitive damages under certain circumstances.

When does a trafficking prosecution produce restitution, and what role does survivor cooperation play?

When the government successfully prosecutes a human trafficker in federal court, one of the potential results is that the trafficker is ordered to pay restitution to his or her victim. In federal criminal court, restitution is often available even in circumstances in which victims did not suffer any pecuniary loss per se, though the calculations can become complex depending on the specific offenses charged. For example, trafficking survivors may be eligible to recover the monetary value of the labor that they were coerced into providing, but this can be difficult to calculate due to a number of factors.

Can Trafficking Victims Recover the Value of Labor or Services that are Illegal?

A major question that often comes up in trafficking cases involving forced sex work is whether victims can recover the value of their labor if the labor itself was illegal. Some judges have held that it is impermissible to award restitution in these cases on the basis that victims cannot legally seek compensation for performing illegal acts. However, this is a minority view, and multiple federal courts have rejected this logic. Most federal courts have held that trafficking victims should be able to recover the monetary value of the labor that they performed, even if that labor involved illegal sex work.

How Do Civil and Criminal Trafficking Claims Intersect?

Evidence and testimony that are produced during criminal trafficking proceedings can have a material effect on related civil litigation as well. For example, testimony from a survivor that is accepted as credible by a criminal jury can also likely be used to support the survivor’s claim for damages in a related civil trafficking suit. However, as a result of this fact, this means that it is also important for human trafficking survivors and their families to make informed decisions in these cases and to consult with an experienced lawyer as early as possible.

How is a Human Trafficking Prosecution Initiated?

Only the government can file and pursue criminal trafficking charges. Victims and their private civil lawyers can initiate civil human trafficking litigation, but to start a criminal case, they will need to work with the appropriate law enforcement agency and prosecutor. While private civil lawyers cannot file criminal charges themselves, they can share case information with federal law enforcement and prosecutors when it is in their client’s best interests to do so.

Which post-escape disputes can record relief, family orders, or payments address?

After escaping a human trafficking situation, survivors may need assistance resolving legal disputes that range from criminal record issues to family law issues. When survivors are forced to work in the sex trade or engage in other types of illegal activities, this can lead to criminal charges. When survivors are forced into abusive relationships or are married to or in a relationship with their trafficker, this can lead to family law disputes. When survivors receive restitution from a criminal prosecution or compensation from a civil lawsuit, this can lead to unexpected tax liabilities. A skilled human trafficking lawyer can provide legal guidance for each of these issues, and can also help survivors work with the government, employers, and other private entities to help resolve disputes and mitigate legal risks.

When Can Trafficking-Related Record Relief Be Important?

After escaping human trafficking, record relief can be critically important in circumstances in which the survivor needs to move forward. This includes issues ranging from securing employment to securing adequate housing or pursuing educational goals. While criminal trafficking-related record relief is available in many cases, each state is different. In California, for instance, it is possible to clear criminal records that are related to the forced performance of illegal acts, including:

• Performing prohibited sexual acts for compensation
• Selling a controlled substance in violation of state drug laws
• Engaging in prostitution
• Gambling with a license or at a location prohibited under state law

When Do Survivors Need Assistance with Family Law Disputes?

Trafficking survivors may need assistance with family law issues when their trafficker is also their spouse or co-parent, or when their traffickers have caused substantial family-law problems in their lives. If their trafficker is their spouse, they may need assistance with matters like divorce and child support. If their trafficker is a co-parent, they may need assistance with custody. In addition, forced labor, drug addiction, and other issues can also create problems that need to be addressed in family court.

Do Survivors Need Help with Tax Liabilities from Settlements or Payments?

Yes, survivors may need help with tax liabilities from settlements or restitution payments. While money paid as restitution or compensation can be tax-free in some circumstances, it can result in unexpected tax liabilities in others. In addition, large lump-sum payments can impact eligibility for public benefits.

Where to Go From Here

If any of this describes your situation, the next step is a conversation rather than more reading. Spodek Law Group runs a fully online client portal and represents clients coast to coast, with offices in New York, Brooklyn, Queens and Los Angeles. The number is 888 348 8028.