Human trafficking is often described as “modern-day slavery” and for good reason.
It’s a human rights violation that involves a person being exploited for labor or sex through the use of force or fraud.
Typically, a victim is brought to another country illegally by a trafficker with the promise of citizenship. When they get to the new country, they’re told they have to “work off” their debt, and that leads to exploitation.
Victims of human trafficking often feel as though they have no option but to submit to the abuse. They assume they have no legal protection. However, there are several legal and civil options that can be activated in an attempt to rescue the victim and hold the trafficker accountable.
Because of the sensitive and often volatile nature of these crimes, it is important to speak with an experienced Philadelphia sex trafficking victim lawyer. An attorney with extensive knowledge of the law will be able to help victims break the cycle of abuse and hold the trafficker accountable.
Understanding Civil Legal Options for Trafficking Survivors
Unraveling a case of human trafficking can be extremely complex, as it will involve several state and federal agencies. However, the challenges to finding support for a victim should not deter anyone from seeking help.
These are the civil and legal options that trafficking survivors can activate:
Civil Lawsuits
Survivors of human trafficking are entitled to file a civil complaint against their trafficker, recruiter, or any business that knowingly profited from the incident. They can seek compensation for any medical expenses, lost wages, and the emotional trauma of going through the experience.
Criminal Charges
Traffickers and their associates can be charged with crimes. This is separate from any civil complaint. These charges would be prosecuted by the Philadelphia District Attorney’s Office Labor Crimes Enforcement Unit.
Vacatur of Criminal Convictions
Many victims of human trafficking might not come forward out of fear of being charged with the crimes they committed as a result of being trafficked. Pennsylvania law allows survivors to petition to vacate convictions for crimes such as prostitution, drug possession, or theft as it relates to trafficking.
Immigration Legal Assistance
A survivor of human trafficking could be granted immigration support with a T Visa for trafficking victims or a U Visa for crime victims. Here in Philadelphia, these are offered through organizations such as the Nationalities Service Center.
Although it might seem overwhelming, an attorney with experience helping the survivors of human trafficking can help explain all the options and act as a supportive guide.
The Role of the Trafficking Victims Protection Act
The Trafficking Victims Protection Act (TVPA) is a set of federal laws that provide a foundation for Philadelphia law enforcement and social services. TVPA supports the prosecution of traffickers and protects survivors.
Here in Philly, the Philadelphia Police Department Directive 3.24 uses TVPA to guide investigations within its Special Victims Unit (SVU). The TVPA also guarantees protection to victims, including immigration benefits and access to aid.
The TVPA also aligns with Pennsylvania’s Act 105, which tightens the state laws dealing with trafficking and expands relief for survivors.
Seeking Compensation for Physical and Emotional Trauma
When a survivor is finally able to break free of their oppression, they will find a range of support standing by to help them. That begins with the Victims Compensation Assistance Program (VCAP). This organization provides financial assistance to victims of violent crimes up to $35,000 for specific claims.
Survivors can also pursue a civil lawsuit for trauma, battery, and emotional distress. That lawsuit can name the trafficker and other entities, such as hotels or other companies that hired the victims.
In order to file a lawsuit, you would need the support of an attorney who understands the applicable laws.
Protecting Survivors’ Rights During the Legal Process
It is understandable why survivors of human trafficking hesitate to come forward to seek justice and compensation. Unfortunately, statutes of limitations set deadlines for filing civil complaints.
In Pennsylvania, adult victims of human trafficking have five years from the last act of trafficking to sue. If the trafficking occurred against a minor, they have until they turn 30 to sue.
Although that might seem like a lot of time, these claims can be extremely complex and require thorough investigations and coordination with many government agencies. The attorneys at Laffey Bucci D’Andrea Reich & Ryan have extensive experience with these civil complaints.
Our firm understands the sensitive nature of these cases and provides compassionate, confidential representation focused on protecting survivors and holding traffickers and complicit businesses accountable.
If you know someone who is the victim of human trafficking, you can contact our Philadelphia human trafficking attorneys today for a free, confidential consultation.
We can provide you with information about all your options and can help you take the first step toward justice and healing.