The devastation caused by human trafficking doesn’t end when a person escapes their traffickers. Survivors often face a lifetime of emotional trauma and years of complex, costly legal issues. These legal challenges, which arise from their trafficking experiences, can hinder their ability to rebuild their lives, especially since most survivors can’t afford an attorney.
This situation highlights a critical but often overlooked aspect of supporting survivors of Domestic Minor Sex Trafficking (DMST): the need for comprehensive legal support and advocacy. In this article, we’ll explore the legal problems survivors face and how we can better assist them.
Legal Issues that Survivors Battle
Survivors of sex and human trafficking often face a range of legal problems. These legal challenges often intersect, creating a more complex mix of challenges. Here are some of the key issues:
Criminal Charges: Survivors may have been forced to engage in illegal activities, such as prostitution or drug-related offenses, and could face criminal charges even though they were coerced.
Immigration Issues: For those trafficked across borders, their immigration status may be compromised or unclear. Undocumented survivors may face deportation or difficulties obtaining legal residency, especially if they were brought into the country illegally.
Identity Theft: Traffickers may have stolen survivors’ identities, leading to legal issues with credit, banking, and taxes. False tax filings by traffickers can leave survivors facing issues with the IRS.
Debt: Survivors may be pursued by creditors for debts incurred by their traffickers or pimps in their name.
Civil Cases: Survivors might need to pursue civil litigation against their traffickers or others who may have profited from their exploitation.
Challenges in Providing Legal Support for Survivors
The current system of legal services for survivors is focused primarily on legal aid, law school clinics, and pro bono services. While these resources have been invaluable in helping many survivors, they also have limitations that can leave some survivors without the support they need.
1. Legal Aid
Legal aid covers many situations and has been an incredible resource. However, there are often funding restrictions that limit the types of cases they can handle, such as criminal defense. Additionally, the intake process is typically lengthy, with extensive documentation and long wait times. This can be a huge barrier for survivors, particularly when they need urgent assistance.
2. Law School Legal Clinics
These clinics provide important legal support, primarily focused on educating law students. However, because their primary goal is education, they may be reluctant to take on more complex or long-term cases. Survivors often come with a variety of circumstances that require individualized and professional support, which these clinics may not be equipped to provide.
3. Law Firm Pro Bono Departments
Many law firms, especially larger ones with multiple offices, are increasingly involved in offering pro bono services to survivors. They have significant resources and can operate across multiple jurisdictions.
However, most law firms specialize in corporate or transactional law, which may not align with the needs of survivors who require expertise in areas like family law or benefits. Conflicts of interest could also arise, preventing firms from representing survivors if they also represent businesses like hotels or airlines that may be implicated in trafficking.
Bridging the Gaps in Legal Support for Survivors
As we've identified, there are several gaps in the current legal support system for DMST survivors. Here are key areas where we advocate for improvements:
1. Trauma-Informed Training
This is a vital component that can significantly enhance the quality of legal support for survivors. Lawyers need to be trained to understand the complex realities that survivors face, such as housing instability, which might prevent them from responding promptly to phone calls or emails.
A trauma-informed approach means recognizing these challenges and adapting legal services to be more patient, empathetic, and flexible.
Interested lawyers should focus on the immediate legal issues at hand, rather than overwhelming survivors with questions that, while well-intentioned, may not be directly relevant to resolving their legal needs. Trauma-informed training programs for attorneys can help them develop these critical skills and approaches.
2. Flexible Eligibility Requirements
Current eligibility criteria, especially those based on income, can inadvertently exclude many survivors from accessing legal support. For example, some survivors might have fluctuating or unreported income due to their unstable circumstances, which could disqualify them from receiving aid.
To bridge this gap, legal support programs should consider more flexible eligibility criteria that take into account the unique situations of survivors. This could involve adjusting income thresholds, considering the non-monetary costs of trauma, or providing exceptions based on individual circumstances. This will help more survivors access the legal help they desperately need, regardless of their financial situation.
How to Get Involved
Supporting legal advocacy efforts for DMST survivors can make a significant difference. You can get involved in the following ways:
Volunteering: Many non-profits, like Mission Haven, offer opportunities for legal professionals and volunteers to support their work. They may need help with legal research, case management, or providing direct legal services.
If you're a lawyer, you can offer pro bono services through organizations that serve trafficking survivors. Many bar associations have pro bono programs specifically for human trafficking cases.
Donating: Financial contributions can help legal and advocacy organizations expand their services and reach more survivors. If direct volunteering isn’t feasible for you, consider donating to organizations that provide legal services to survivors. Your financial support can help expand their reach and impact.
Raising Awareness: Sharing information about DMST and the importance of legal support can help increase public awareness and drive policy changes. Conduct training sessions or workshops for other legal professionals or community members about the legal needs of trafficking survivors and how they can assist.
Comments