By Forum Staff
Victims of human trafficking who manage to escape will now get a clean slate in addition to their freedom thanks to new bi-partisan legislation, introduce by Sen. Kirsten Gillibrand (D-New York). The Trafficking Survivors Relief Act of 2016, will clear their criminal records of any non-violent violation committed as a direct result of their victimization whether it occurred as sex trafficking, labor trafficking, and other forms of human trafficking.
Human trafficking is a modern day form of slavery affecting millions in the United States and abroad. This crime involves either the use of force, fraud, or coercion to exploit a person for labor or commercial sex, or the exploitation of a minor for commercial sex. As a result of being trafficked, victims are commonly charged with crimes such as conspiracy, money laundering, drug trafficking, and related offenses that then follow them throughout the duration of their lives. These charges make it difficult for human trafficking victims to find jobs and housing, leaving them vulnerable to being exploited and trafficked again.
“We need to make sure we’re doing everything we can to take care of human trafficking survivors who manage to escape from captivity,” said Sen. Gillibrand.
Senator Gillibrand’s legislation would require victims to provide supporting documentation in order to get their non-violent criminal records vacated. These documents can include:
- Certified criminal or immigration court proceedings or law enforcement records demonstrating that the individual was a victim of trafficking at the time they were charged with the trafficking-related offense(s).
- Testimony or sworn statement from a trained professional staff member of a victim services organization, an attorney, member of the clergy, a health care professional, a therapist, or other professional from whom the person has sought assistance in addressing the trauma associated with being a victim of trafficking, or
- An affidavit or sworn testimony of the movant indicating that they were a victim of human trafficking at the time of their arrest and that they engaged in or were otherwise accused of engaging in criminal activities as a direct result of being a victim of human trafficking.
“In many cases, when trafficked people – including children – are forced into slavery, they are tagged with criminal charges that stay with them for the rest of their lives, even though they have absolutely no freedom to say no to their captors, who force them to commit crimes. I urge all of my colleagues to support my legislation to clear non-violent criminal convictions of trafficking victims who were forced to break the law while in captivity. We all have a responsibility to take care of the most vulnerable Americans.”
