The Legal Repercussions of Human and Sex Trafficking

Overview of Human and Sex Trafficking Laws

Human trafficking is a crime that involves enslaving people, which could include moving individuals across state lines or international borders. The severity of this penalty grew when it became a federal crime as defined by Section 1581 (18 U.S.C.). However, it pales in comparison to sex trafficking punishable under 22 U.S.C. 7102. A team of prosecutors and federal law enforcers will investigate these rackets thoroughly and aggressively pursue convictions against the sex smugglers. Truly, there are severe legal repercussions for these harsh crimes.

Laws Governing Trafficking Offenses

Law Provisions and Penalties
Trafficking Victims Protection Act (TVPA) The TVPA helps protect trafficking victims by allowing judges to order human defendants trying to repay their debts to their victims while also giving the latter the right to push forward civil charges against traffickers.
18 U.S.C. §1581 This section forbids human trafficking, forcing others into labor or involuntary servitude. Harsh penalties for servitude on US soil may mean life imprisonment in a federal prison if it results from child sex trafficking or serious bodily injuries or death.
18 U.S.C. §1583 This section offers punishments including up to twenty years in a federal prison against anyone convicted of kidnapping someone else intending slavery.
18 U.S.C. §1584 A person who holds against an individual's will, or who sells them out to unpaid work, could receive a prison sentence of up to 20 years.
22 U.S.C. §7102 Sex trafficking involves commercial sex acts committed forcefully, fraudulently or through coercion, and it requires recruiting, harboring, transporting people for labor or services, involuntary servitude, peonage, debt bondage and slavery.
Legal Pulse: Key Statistics

15,000+

Federal Cases Filed Annually

90%

Plea Before Trial

A Typical Human Trafficking Case

A human trafficking scheme usually begins with enlisting people from other countries to travel overseas to the United States in search of employment opportunities. The trafficker smuggles these people into the borders and helps them avoid detection by immigration agents. As soon as they arrive at their destination in America, the promised positions are provided but not the pay promised beforehand. Instead, slave masters offer a pittance that hardly provides for anything. In contrast, where forced prostitution is involved in sex trafficking cases, threats come next, then coercion. Then comes the forceful removal of identities and their replacement with pseudonyms used by stateless individuals who are then prostituted to repay their expenses living in America illegally. Brothels often become homes but more like factories where lawbreakers harass young girls taken against their will. Those prostitutes are underage victims controlled by manipulative sex offenders tirelessly pushing vulnerable teenagers or younger women into illicit activities intended on paying back unpayable debts owed by those too poor and broken-spirited to rebel or leave.

The Emotional Cost of Human and Sex Trafficking

Most everyone agrees that human trafficking constitutes a modern-day evil despite variations regarding its scale. The intimate cost remains hidden beyond these obvious afflictions and expenses borne disproportionately by impoverished populations, which include psychological damage sustained long after freedom acquired outside threats encountered even once in the past could corrupt free lives.

Getting the Right Defense Against Human and Sex Trafficking Charges

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Human trafficking and sex trafficking are examples of modern slavery—these among the most severe sex-related offences—and simply an allegation against someone is possibly enough to prejudice juries. Nevertheless, by federal law that also requires proof beyond a reasonable doubt, any purveyor of justice would need to prove his or her case if there is even one. To achieve an acquittal, find plausible legal defenses even in Federal human trafficking charges through plea bargaining with prosecutors or finding errors in the prosecutor's evidence sufficient to obtain dismissal from court. An experienced attorney specializing in criminal defense could offer a roadmap of possible strategies depending on specific situations each client faces.
Todd Spodek — Former Prosecutor

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