Can I Be Charged with Human Trafficking If There Is Consent? 

 Posted on July 29, 2024 in Human Trafficking

Human trafficking, sometimes referred to as trafficking in persons, is a federal crime in the United States and many countries around the world. It is usually understood to refer to coercing someone, through force or fraud, to do certain things they are unwilling to do. However, the laws on human trafficking are relatively complex. A person’s willingness to perform a task does not necessarily determine whether he or she is considered a human trafficking victim.

There are two main types of human trafficking:

• Forced labor

• Sex trafficking

This article will discuss both forms, as well as how consent factors into the crime. If you have been charged with human trafficking, reach out to an Illinois human trafficking defense attorney right away.

Forced Labor

Federal law defines forced labor as using fraud, coercion, or force to "exploit the labor or services" of someone else. Domestic servitude, for example, is a type of forced labor that involves a person performing work in a private residence, often in isolation. The person’s employer might use the threat of withholding housing or food to force the victim into working.

Forced child labor is another well-known type of human trafficking. This involves exploiting a child’s vulnerability to perform tasks. Children in the United States are permitted to work, but only if certain child labor standards are met.

Sex Trafficking

Sex trafficking is similar to forced labor except that where forced labor can refer to any task, sex trafficking refers to sexual acts specifically. A person can be found guilty of sex trafficking if he or she compelled another person to perform sex acts or caused a child under 18 to commit sex acts. There does not need to be proof of coercion, force, or fraud in the case of a child.

Means

It is important to note that federal law is not too concerned with the nature of the work a victim is forced to do. Forced labor, for example, can refer to any type of labor in any industry. Sex trafficking can involve sex acts other than intercourse.

What matters more to federal law is the coercive or fraudulent means by which one person gets another to perform labor. Examples of such means include:

• Withholding pay

• Psychological manipulation

• Reputational harm

• Threats, including threats to other people

• Violence

• Withholding identity documents, such as immigration documents

• Using addictive substances

Is it Human Trafficking If the Victim Consents?

A person can still be charged with human trafficking even if the victim has given consent. This is because, as we mentioned, the means by which a person is "employed" is a major determinant of whether it will be seen as human trafficking or not. For example, a person might initially consent to provide a service, but if that person is coerced to continue providing that service, it can constitute forced labor. It also does not matter if the victim eventually consented to perform the service after initially being forced to do so.

Consent is never a factor in cases of child sex trafficking because children cannot consent to sex.

Contact a Chicago, IL Human Trafficking Defense Attorney

Consent does not neutralize a human trafficking charge. At the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney, we understand the nuances of human trafficking laws and will prepare the best legal defense possible if you have been charged with sex trafficking or forced labor. Start protecting your rights by consulting a Chicago, IL human trafficking defense lawyer. Call 312-629-0669 to schedule a free consultation with an excellent attorney today.