Human trafficking is a very wide term. It involves two main things, sex trafficking, and labor trafficking. Both are self-explanatory. However, we will elaborate on them in detail for you.
Types of Human Trafficking
When we talk about sex trafficking of humans, it includes all the false and fraud ways of taking any human to some other place without his consent. The forceful act of commercial act is imposed on them, and especially to those who have not attained the age of 18 years. While on labor trafficking involves the force, fraud, and coercion of a person to work as labor, servant, slave, as a source of peonage, etc. Both types of human trafficking are extremely offensive, and there are so many laws against them. However, people are not aware of how human traffiking attorney can help them get out of this.
This article is written to create awareness among masses about the laws, rules, and regulations against human trafficking. Even if you are not a victim of any such incident, you must know about it because it will help you save yourself in the future, and also will help you guide those who are stuck with this problem.
Legal Options for Human Trafficking Victims
1. Federal Level Act
In every country, there are the state and federal human trafficking laws. They are followed by the government with the sole purpose to save the victims from the threat. They proved their services using the Trafficking Victims Protection Act (TVPA) that serve the victim with health benefits, as well as immigration visa if required. Moreover, they also provide the victim the opportunity to register cause action against the one who benefited from the trafficking. This is a great way to help them take revenge from those who did wrong to them.
2. Financial Compensation
Under this section, the federal governments of various countries offer financial compensation for the victim. The victim is provided with the money against any civil damage done to him or her. Moreover, restitution is also given to compensate the losses, and the money they deserve to get against the work they performed. In the case of sex restitution, compensation is not easy because it is illegal, and the government might not get into this. Many federal courts refuse to provide restitution for any kind of sex work considering it illegal; however, for labor work, all the victims are fairly compensated.
In a recent study done on the federal courts that deal with human trafficking issues also confirmed that those involved in sex trafficking are held accountable by the court for their actions, but the compensation of money is not done like it is done for labor work. The sex trafficked person is required to provide additional legal needs in response to move or be transferred to the home.
Additional Legal Needs of Human Trafficking Victims
In federal level actions, human trafficking victims do not face many problems. However, in civil law, they have so many issues to deal with to move forward. These may include the following.
1. Family Law
Under family law, there are so many things that are supposed to be considered. The main thing is to find out whether the trafficker and the trafficked victim are in any relationship with each other or not. In case they are divorced, then there is not a big issue in it. However, if they are spouse, then the laws are very strict, and there will be issues. Also, if there is some child custody or child support system, then there will be even more issues in filing any action against the trafficker.
2. Criminal Law
The criminal law is even more critical as compared to family law. In this law, the trafficked victim is the focus. If the victim is found to have any criminal record, then it will be an issue for that one because then the civil law will first investigate that, and then turn to the victim recovery from the trafficker. This could be more of an issue for a trafficked person than the trafficker.
3. Immigration Law
Well, this is the top issue that almost all the trafficked victims face. As the trafficker takes away the visa and passport from the victim, so they need to apply for it and wait until they get it to go back to their country. So, it becomes quite an issue for them to deal with the trafficking situation. All they have to do is to wait patiently and keep trying to get out of that place as soon as possible.
4. Tax Law
Now when the trafficked person gets the compensation, settlement, and restitution against what they have faced during the trafficking situation, they face the tax and public benefits issues. This is another challenge in their way because it is not easy to overcome it, and safely go back home.
5. Civil Law
When the victim gets out of the trafficking situation, they are supposed to hire some human trafficking attorney to fight for them in the federal court. For that purpose, they need to search out the right person, give him a fee, and fight the case. This is an issue for the victim that is not easy to get through successfully.
These are the top five issues that all trafficked victims face as soon as they get out the trafficking situation and start a new life. They are no doubt overwhelming for them, but they can be helped.
How Human Trafficking Attorney can help victims?
To help the human trafficking victims, there are so many non-profit organizations that are working in almost all countries of the world. The sole purpose of their work is to help the trafficked victim in every way possible. As we know that the above five issues are quite critical, and require a human trafficking attorney to deal with them. So, these organizations try to hire the right attorney for the right client that comes to them for help. These attorneys are paid by the organization while they work for taking that trafficked victim back to his or her country or state.
As the organizations connect the trafficked victim with the attorney, they spread their network of work throughout the country. It is because they have to reach out to every place and make sure that the victim could easily reach them as well. This is important to discuss because human trafficking is done along with long distances, and they face so many issues when they get out of a trafficking situation. If they are not taken care of properly and through careful strategy, they can get into even more issues.
Now, the attorney who is hired for this purpose is supposed to have the right knowledge about the issues of human trafficking, and he must be willing to work sincerely for the case. It is very important because, without dedication and knowledge of the issue, an attorney can never help the trafficked victim get out of his miserable situation. The sole purpose of the attorney is to quickly go through the situation of the victim, make a plan for him or her, and immediately file his or her case in the federal court for the proceedings.
Current Actions against Human Trafficking
Presently, the world has become very active in saving human trafficking victims. There are so many laws, rules, and regulations are made. The topmost include the Fight Online Sex Trafficking Act (FOSTA) and Stop Enabling Sex Traffickers Act (SESTA) that genuinely fight for this issue. They are a great hope for people because this is such a serious issue that is not easily resolved unless or until there is a realization of its intensity. These laws and acts allow common people to be aware of what they can do if they get into any such situation.
Other than these, there are so many other laws as well that one must know about. It should not be thought that you are safe and nothing could happen to you, so you need not know about them. Firstly, you never know what might happen at any point in your life, and secondly, you can have to be a responsible citizen who can help others who get into this.
Human trafficking is increasing with each passing day. People are facing this issue because the criminals have found new ways to tarp people and take them to long distances. Upon reaching that place, they get them involved in illegal work and threaten them to kill if they would not follow the instruction. Once a trafficked victim get out of this situation by any means, they need a safe place to hide and help to get back home. The human trafficking attorney is there for this purpose. They are linked with non-profit organizations that pay them on behalf of the trafficked victim. In this way, the victim gets out of the worries of proceedings in the federal court. The issue might take time to resolve, but surely this happens one day, and the trafficked person goes back home safely to start a new life.