Criminalized for Surviving: A Call for Legal Relief for Survivors of Human Trafficking

The passing of the Trafficking Victims Protection Act (TVPA) of 2000 triggered an uprising of individuals interested in joining the anti-trafficking movement. Since then, public policy, awareness, fundraising, and short-term rescue and restore efforts have increased across the United States. However, it is questionable whether such efforts improved the well-being of those victimized by and/or who have survived trafficking. Despite rallies, chants, and social media posts of #TimesUp and #BelieveSurvivors amidst our nation's #MeToo movement, minors who have been traded, sold, and bought by adults for commercial sexual exploitation continue to be prosecuted for the crimes of which they are victims—prostitution or even worse, human trafficking. Utilizing the authors' personal as well as professional direct practice, advocacy, and research expertise in the anti-trafficking movement, and through the sharing of a case of trafficking in which a survivor, despite her victimization, faced criminalization, this article illuminates the said unintentional harm that is far too frequently facilitated by the very systems set-up to assist vulnerable and marginalized individuals. A second follow-up article, Criminalized for Surviving: A Call for Social Justice Advocacy in Anti-Trafficking Efforts, will detail the experiences and lessons learned while advocating for survivors harmed by our criminal legal systems.