Immunity & Diversion - measures to prevent or divert survivors from the justice system.CRIMINAL PROTECTIONSĬriminal protections for trafficked survivors have been implemented at different stages in the justice process. Laws additionally create mechanisms to seal, vacate or expunge previous criminal convictions and provide for civil standing and restitution procedures that enable survivors to recover financially from their traffickers. Measures have provided immunity to, diversion from, and affirmative defenses against, criminal prosecution for actions victims were forced to commit by their traffickers. State lawmakers have legislated several criminal protections and civil remedies for trafficking victims in the judicial system. Other states more broadly include psychological control, financial threats, legal harassment and drug addiction. For example, in some states, their definition focuses primarily on the use of physical force. The majority of laws include the elements force, fraud and coercion, but their definition can vary greatly from state to state. In order to obtain a trafficking conviction, state laws, in most instances, require that prosecutors prove traffickers compelled their victims into labor or sexual servitude. Vermont’s trafficking definition includes “benefitting financially” from participation in a venture where a person is compelled to engage in commercial sex.Alabama, Georgia and Mississippi allow, under certain circumstances, businesses and corporations to be prosecuted for trafficking crimes.Direct involvement is 1st degree trafficking.
The laws vary in several ways including who is defined as a “trafficker,” the statutory elements required to prove guilt in order to obtain a conviction and the seriousness of the criminal and financial penalties those convicted will face. Since then, every state has enacted laws establishing criminal penalties for traffickers seeking to profit from forced labor or sexual servitude. In 2003, Washington became the first state to criminalize human trafficking. Law, Criminal Justice and Public Safety.Communications, Financial Services and Interstate Commerce.
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