Why Hire Simmons and Fletcher, P.C.?
Human trafficking is modern-day slavery. There are over 300,000 human slaves in Texas. You are not alone. At Simmons and Fletcher, P.C., we understand that every person in America has a right to be treated with dignity and respect. For decades some businesses have profited off of criminal enterprises using their hotels, motels, massage parlors, and other fronts as brothels for sex trafficking. They simply turn a blind eye to the crimes being perpetrated under their roof. If you are a victim of human trafficking for sexual exploitation, you do not have to walk this walk by yourself. It is not your shame. It is theirs. A Houston human trafficking lawyer can provide you with a confidential over-the-phone consultation to protect your privacy and explain your options. Call 800-298-0111 today for your free, confidential case evaluation.
What is Human Trafficking?
Human trafficking is the intentional exploitation of another human being for profit by forcing or coercing them to engage in sexual conduct or forced labor. Sadly, it happens every day in the United States. In Texas alone, there are over 313,000 people enslaved by human traffickers, including 79,000 who are just children. Sadly the historical view of human trafficking was to see the victims as willing participants and charge them with prostitution.
(Not an actual client.)
Who is Liable for Human Trafficking?
Now, pretty much anyone who has a hand in the human trafficking process can be held liable for personal injuries and damages caused to the trafficking survivor. For several years, there have been State Laws that extend liability to individuals involved in the exploitation of people for sex or services. Many states, including Texas, have enacted their own laws to hold persons and companies liable who not only promote human trafficking but also those that reap a monetary benefit or service. Under the Texas Civil Practice and Remedies Code, Chapter 98, any person or organization that engages in the trafficking of persons or knowingly receives a benefit by way of profit or services rendered from the trafficking of persons is potentially liable for it. Furthermore, in 2017, the federal government passed a law making it a crime to” own, manage or operate a website with the intent to promote or facilitate prostitution,” thereby opening the door for websites that promote or facilitate prostitution to be held accountable for their actions.
Who Are the Potential Defendants in Sex and Labor Trafficking Cases?
In light of the advancements in the legal world by both states and the federal government to hold those who exploit others accountable, there are many potential defendants who may be held liable for their role in the trafficking of humans, including:
- Hotels, motels, or other businesses that benefit indirectly from room rentals that are used for human trafficking.
- Restaurants, warehouses, and other places where human trafficked labor provides a direct service to the business.
- Web personals, online dating sites, or other websites that knowingly facilitate human trafficking.
- Newspapers, magazines, or other print sources that facilitate human trafficking for sex or labor.
- Persons and/or organizations involved in placing kids/students in homes where exploitation has been reported to have previously occurred.
- Companies involved in providing transportation and/or travel services to places for the purpose of engaging in human trafficking.
- Johns and pimps are directly involved in human trafficking.
In addition to the above, there may be other potential defendants since anyone who knowingly reap a benefit from the trafficking of another person can be held liable. Courts have indicated that the laws are to be construed liberally to deter this sort of conduct.
How Do You Prove Liability for Human Trafficking?
Liability for human trafficking is largely based upon proving awareness and either actively participating or turning a blind eye. Some persons who engage in the process of trafficking others clearly have knowledge of the crime being committed. Pimps are an example of this. However, proving that the various other organizations and entities that profit from it have knowledge that a human is being trafficked can be more complex. Some of the evidence that human trafficking lawyers may look for to prove these cases are actions that demonstrate that someone knew or should have realized that criminal exploitation was taking place, and they chose to take their money and turn a blind eye. Some things we might look for include:
- Was the entity used as a location for the forced prostitution regularly rented to a person who brought many different slaves in and/or had many different “johns” coming and going during each rental session?
- Was the trafficked person a minor so that when they went into a hotel or motel regularly, it should have raised a red flag that something was not right?
- Were there employees who saw the underage slave with a pimp and/or John regularly?
- Did anyone check IDs?
- Was there a procedure for monitoring who came and went into the building?
- Were there obvious signs of hiding illegal conduct in a landlord/tenant situation, such as a strip mall ‘business’ with blacked-out windows and no signs?
- Were there prior complaints about the place facilitating prostitution and/or exploitation?
- Did a website have reason to know that the site was being used for illicit purposes?
Attorneys for Human Trafficking Survivors
Attorneys for human trafficking survivors can help you determine who was aware of the criminal exploitation that was occurring and chose to turn a blind eye. Every case is unique. If you have questions about whether you may have a potential case, contact the Houston law office of Simmons and Fletcher, P.C., for a free consultation today. We understand that dealing with the aftermath of human trafficking can be scary. Take the first step and speak with a human trafficking lawyer today. The consultation is free and will be kept strictly confidential.
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FAQ's
Can I Still Bring a Claim if My Abusor Was Never Prosecuted?
Yes. In many cases, you may bring a claim for civil liability for human trafficking even though the perpetrators were never brought to justice.
If I Bring a Claim Will my Identity Be Revealed in Public Records?
No. Under Texas Civil Practice and Remedies Code 98, a survivor of human trafficking has the right to file their civil lawsuit under a pseudonym to preserve their anonymity. The only people permitted to know but not to disclose the survivor’s name include:
- the judge;
- a party to the action;
- the attorney representing a party to the action and
- a person authorized by a written order of a court specific to that person.
What is the Statute of Limitations to Bring a Claim for Human Trafficking in Texas?
Minors & Disabled Individuals: The Statute of limitations for human trafficking of a person under 18 or a disabled person is 30 years. For minors, it does not start to run until they turn 18.
Adults: The Texas statute of limitations for the human trafficking of a person 18 or older is 5 years from the date of the trafficking in Texas.*
*There is also a Federal human trafficking cause of action that may be brought by victims in the United States with a 10-year statute of limitations.
