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Criminal Defense Insights

Human Trafficking – How Can A Criminal Defense Lawyer Help

Various laws and acts look to offer basic human rights to human trafficking victims and improve their livelihoods.

Do you know? Over 1600 are prosecuted for human trafficking in the USA. It greatly increased from 2011, when the number of offenders was 792. Hence, it raised an alarm in the White House, especially with thousands and thousands trafficked into America and eroding its culture. In addition, the USA is the worst country when it comes to human trafficking.

That is why the number of criminal defense lawyers for human trafficking has increased to 2000. As they look to defend the rights of the people and offer them justice under the American Penal Code. Consequently, there are several federal laws that protect the rights and livelihood of the people.

That is why we need to know –

What Is Human Trafficking?

According to the Oxford Dictionary, human trafficking refers to “the unlawful act of transporting or coercing people in order to benefit from their work or service, typically in the form of forced labour or sexual exploitation.” This means people are migrated from one place to another for unlawful means. Hence, it creates a sense of emergency in the state and alerts the criminal justice system.

Furthermore, human trafficking has different facets –

  • Sex trafficking refers to the commercial sex act. It is motivated by force or fraud and making the person perform a sexual act before they have turned the legal age. In other words, the act is done with the direct consent of the individual, who is also a minor.
  • Labor trafficking refers to the unlawful hiring of people to do services to an individual or an organization. In this case, people are harbored and transported to another place as a peonage, slavery, etc.

Hence, it sheds light on how trafficking happens in the states and endangers the lives of normal citizens. Consequently, it is significant to know how legal people can help them.

How Criminal Defense Lawyers Can Prevent Human Trafficking?

Defense lawyers can take up the mantle to promote harmony in the world and put a ban on human trafficking. Several laws brought by the Federal system seek to protect the people’s basic human rights. Therefore, they can use those laws to deliver justice to their clients. Here is how they can do it –

  • Federal and state laws see traffickers as the main offenders and seek to take serious action against them. The Trafficking Victims Protection Act (TVPA) grants aid to the victims, provides health benefits, and resolves immigration issues. Furthermore, state laws take civil cause action against the people who have profited from illegal businesses.
  • Victims can access financial compensation from the offenders. This is because they did the job under subjugation and without any consent. Therefore, victims can ask for restitution. Even though some eyes are raised on sex trafficking, sex work is illegal in the states. Yet, several federal courts see the act as forceful, so they are eligible for compensation. The compensation value depends on the work they did, as the work value gets calculated, and then the restitution is given.
  • In addition, acts like the Fight Online Sex Trafficking Act (FOSTA) and the Stop Enabling Sex Traffickers Act (SESTA) restrict the promotion of commercial sex activities online. Under the influence of law, lawyers can put a legal case against a hotel or motel that benefits from trafficking.
  • The Ventura County Coalition Against Human Trafficking (VCCAHT) and Interface Children and Family Services offer help to combat human trafficking and provide food and shelter to the victims. Through these organizations, victims can take legal action against the offender and get help for their upliftment.
  • Moreover, the Coalition to Abolish Slavery and  Trafficking in Los Angeles offers free online training to lawyers to take up the trafficking case in the courts and defend the victims.

What Are Some Of The Legal Help Victims Can Take?

Beyond the laws, there are other additional help that look to offer a hand to the victims to recover from trafficking situations. Here are some of the rules –

  • Civil Law – The victims can ask for a lawyer to defend their rights in court. They can have civil lawyers who help them get restitution awards from the court.
  • Criminal Law – Many victims can ask the court to expunge their criminal records, as it can affect their future employment cause. They can ask a criminal defense lawyer to plead with the court to use California’s new expungement law and allow the victim to lead a better life.
  • Immigration Law – Trafficking victims can take the help of immigration law to get their passports and visas to get them going with their lives. This is because traffickers steal the passports of victims, which puts them in a vulnerable situation to leave the state.
  • Family Law – With the help of criminal defense lawyers, victims can ask for a divorce or child support and custody, as it is one of the most common issues, as most victims are spouses or parents of the victim.
  • Tax Law – Lastly, victims can ask for tax and public benefits that come with the restitution reward. Lawyers can provide financial management guidance and help victims get tax-free money.

The attorneys who are qualified as pro bono through for-profit and non-profit law firms can take legal action. They can take human trafficking training and look to deliver justice and uphold the basic human rights of victims. In addition, attorneys can visit The 702 Firm’s website to get training and expertise on Human Trafficking Lawsuit. That way, they can contribute more to society.

The Bottom Line 

In the end, the laws discussed are beneficial to show how criminal defense lawyers can prevent human trafficking in the states. Therefore, if you want to be among the increasing number of human trafficking attorneys, the discussion will help you protect your surroundings. Also, you will be able to take trafficking issues to court and try to protect the victims.

Also, the discussion will help you to see the realities of human trafficking and offer better help to the victims. You can provide them with basic human rights to improve their livelihoods.

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