Human trafficking is a big deal and a complex crime where people are forced, frauded, or coerced to do labor or commercial sex. The consequences of being charged with human trafficking are severe: long-term imprisonment, big fines, and permanent damage to your reputation. Victims seeking help and support can contact the National Human Trafficking Hotline for crisis assistance, emotional support, and connections to local services.
Navigating these charges requires knowledge of the law and the defenses. If you or someone you know is charged with human trafficking, you need a Woodlands criminal defense attorney.
In this post, we will go over the basics of human trafficking charges including the legal definition, consequences, defenses, and the importance of a criminal defense attorney in these cases.
Definition of Human Trafficking
Human trafficking is a big and serious crime where people are forced, frauded, or coerced to do labor or commercial sex. It’s a violation of human rights and affects millions of people worldwide. Human trafficking occurs when certain conditions and components—action, means, and purpose—are met, establishing instances of this crime. Human trafficking is generally divided into two types: sex trafficking and labor trafficking, both involve the manipulation and exploitation of victims for personal or financial gain.
Types of Human Trafficking: Sex Trafficking
Human trafficking can take many forms but the two main types are:
- Sex Trafficking: Involves exploiting individuals for a commercial sex act, which can be induced by force, fraud, or coercion. Victims are often forced into prostitution, pornography, or other forms of sexual exploitation.
- Labor Trafficking: Involves forced labor, defined as work coerced through threats, violence, or manipulation. Victims are often found in industries such as agriculture, domestic work, or manufacturing, and are held in slavery, debt bondage, or involuntary servitude.
Consequences
Being charged with human trafficking has severe legal consequences. The penalties are meant to address the crime and its broader impact on society. These can range from long-term imprisonment to financial penalties and other legal sanctions. The Trafficking Victims Protection Act (TVPA) of 2000 plays a crucial role in defining and addressing human trafficking crimes, including severe forms of trafficking in persons.
Criminal Penalties
Human trafficking is often a felony with varying degrees depending on the facts of the case. Convictions can result in long-term imprisonment, often 10 years to life imprisonment especially in cases involving minors or aggravated circumstances. Courts can impose additional penalties such as big fines which can be in the hundreds of thousands of dollars to punish the trafficker financially and to deter future crimes.
Asset Forfeiture and Civil Liabilities
In addition to criminal penalties, individuals convicted of human trafficking may face asset forfeiture where property and money gained from trafficking activities are taken by the government. Trafficking victims have the right to file civil lawsuits against traffickers and seek compensation for their suffering. Victims of human trafficking can also file civil lawsuits against traffickers and seek compensation for physical and emotional harm. This can result in additional financial liabilities to the convicted.
Registration and Other Long-Term Consequences for Trafficking Victims
In sex trafficking cases, individuals convicted of such acts may be required to register as sex offenders. This registration can result in long-term societal and professional consequences including restrictions on employment and housing. Moreover, a human trafficking conviction is a permanent criminal record that can severely impact future opportunities, personal relationships, and reputation.
Defenses
Defending human trafficking charges requires a strategic approach as the legal and factual complexities of the case demand a customized defense. Several common defenses may be used depending on the facts of the case and the evidence presented by the prosecution. Defendants might argue they did not coerce individuals to provide commercial sex acts, challenging the prosecution’s claims of force, fraud, or coercion.
Mistaken Identity
One of the most common defenses in human trafficking cases is mistaken identity. Given the complexity of trafficking operations, it’s possible to accuse the wrong person of being involved in illegal activities. Runaway and homeless youth are particularly vulnerable to being misidentified as trafficking victims due to their unstable support networks and past experiences of violence. The defense may argue that the accused was misidentified as a participant in the trafficking ring or that the actual perpetrator is someone else. This defense usually involves challenging witness testimony, surveillance footage, or other identification evidence.
Lack of Intent
Another defense is lack of intent. Human trafficking charges require that the defendant knowingly and intentionally exploited individuals for commercial sex acts or labor. The defense may argue that the accused did not have the necessary knowledge or intent to commit the crime. For example, the defendant may not have known that the individuals involved were being coerced or exploited or may have thought they were doing lawful activities.
Duress or Coercion
In some cases, the defense may argue that the defendant was forced to participate in human trafficking activities under duress or coercion. This defense applies when the defendant was threatened or compelled to commit the crime because of fear of harm to themselves or others. Homeless youth are particularly vulnerable to coercion in trafficking situations, as traffickers often target individuals who are disconnected from stable support networks. The key element here is to prove that the defendant’s actions were not voluntary but rather the result of external pressure or threats from more powerful individuals or criminal organizations.
Insufficient Evidence
The prosecution must prove beyond reasonable doubt that the defendant was trafficked. A defense of insufficient evidence challenges the prosecution’s case. The defense may point out inconsistencies in witness statements, unreliable evidence, or lack of concrete evidence linking the defendant to trafficking activities. If the prosecution fails to present enough evidence, the charges may be reduced or dismissed.
Role of a Criminal Defense Lawyer
When faced with human trafficking charges, the role of a criminal defense lawyer is critical in protecting the rights of the defendant and getting the best possible outcome. A seasoned lawyer provides the expertise and guidance to navigate the legal system and build a defense strategy. A criminal defense lawyer must be well-versed in the Trafficking Victims Protection Act to effectively defend against trafficking charges.
Building a Defense
A seasoned criminal defense lawyer will start by investigating the case, gathering evidence, and assessing the prosecution’s case. This includes reviewing witness statements, surveillance footage, and other relevant documents. Understanding the experiences of trafficking victims is crucial in building an effective defense strategy. The lawyer will then build a defense strategy specific to the case which may involve challenging the evidence, presenting alternative explanations, or negotiating for reduced charges.
Navigating the System
The legal process for human trafficking cases is intricate and requires knowledge of both state and federal laws. A criminal defense lawyer ensures the defendant’s rights are protected at every stage of the process from pre-trial motions to courtroom proceedings. The lawyer also makes sure deadlines are met, legal procedures are followed and the defendant is informed of their options at every step. The National Human Trafficking Hotline can provide valuable resources and support for navigating the legal system.
Plea Bargaining
In some cases, a criminal defense lawyer may negotiate a plea bargain with the prosecution to reduce the charges or penalties. This is especially important in human trafficking cases where the consequences of a conviction are severe. Plea bargains might involve negotiating charges related to forced labor, which is defined under various laws, including the Trafficking Victims Protection Act and the California Penal Code, as work is coerced through threats, violence, or manipulation. A lawyer can get a better outcome, reduced prison time, or lower fines based on the facts of the case and the evidence.
For the Defendant
The lawyer is the defendant’s advocate throughout the process, making sure their rights are respected and protected. This includes challenging illegal searches or seizures, police misconduct, or violation of the defendant’s constitutional rights. By protecting these rights, especially when the accused might also be a trafficking victim, the lawyer ensures the defendant gets a fair trial and that any wrongdoing is addressed.
Contact an Experienced Woodlands Criminal Defense Lawyer ASAP!
If you or a loved one is facing human trafficking charges, it’s crucial to seek experienced legal representation as soon as possible. The consequences can be life-altering, and having the right defense is essential. Our team at Cowboy Law Group is dedicated to protecting your rights and will work tirelessly to build a strong defense strategy, guiding you through every step of the legal process.
Contact us at 832-326-2932 for a free case review today!