ENGAGING FORCED LABOR HUMAN TRAFFICKING DEFENSE LAWYER ADDS VALUE
Human trafficking saw its rise post the Second World War; thanks to the population growth. The extremes in economic and political systems kept one part plenteous while the other impoverished. This imbalance created scope for slavery and trafficking. Promises of a good job, better lifestyle, and status in the society drive the poor, uneducated, children and women into bondage. Whatever may be the reason, human rights abuse that undermines the rule of law and exploits the lives of individuals is punishable by law.
Forced labor is defined in the US Code in two different sections. Criminal statutes of Title 18 bring the activities like recruiting, transporting, harboring, obtaining, or involving a person where physical thrust, psychological threat, or abuse of legal process is used to compel them to work for someone. A trafficker is defined as a person who with the aim of profit exploits another person through compulsion, deception, or threat.
The Mann Act passed by Congress in 1910 states that transporting individuals across the border or coercing them into prostitution is a violation of federal law and is punishable. If accused of human trafficking, contact the Law Offices of SRIS, P.C. to understand the legal options. Working with a reputed lawyer can make a lot of difference to the case.
Timely intervention by the lawyer can help protect the individual’s rights in court and pave the way for legal negotiation. The reason the crime falls under federal jurisdiction is that it involves transporting humans across state or international boundaries. Federal charges are not easy to overcome without understanding the laws. It is here the Forced Labor Human Trafficking lawyer plays a pivotal role in taking the case in the right direction.
Trafficking Victims Protection Act 2000
The defendant should be aware of the TVPA enacted in October 2000 to protect victims of Forced Labor Human Trafficking. It was later reauthorized in 2003 and 2005. It does not end with criminal penalties as the offense is also charged under Racketeering Influenced Corrupt Organizations (RICO) statute.
What is forced labor human trafficking and what are the myths that surround this crime?
Forced labor human trafficking is the abduction of a person for unlawful commercial purposes. But several misconceptions surround this offense. Some of the myths include:
- Forced labor human trafficking may not always include kidnapping. The victim need not have to be necessarily compelled physically to engage in prostitution or coerced labor in all cases. Some cases do witness tricking, mental pursuance, psychological manipulations, threats, fraudulent acquisition of consent, etc.
- Forced labor human trafficking need not have to witness sexual exploitation in all cases since individuals can be taken away for bonded labor.
- Non-documented workers are not the only victims of forced labor human trafficking in all circumstances since there can also be victims, who hold appropriate visas and documents to reside and work in the United States.
- Not all cases of forced labor human trafficking are recorded in the underground and non-official fields of work, since manufacturing units, restaurants, cleaning divisions, and factories may also employ bonded labor.
- Cases reporting forced labor human trafficking need not always involve defendants, who were non-acquainted with the victims before the physical abduction of the latter. There can be circumstances, wherein the defendant would have been a very close personal acquaintance, who tricked the victim for money and other benefits.
- The victims of forced labor human trafficking need not have to be deported at all times. On several occasions, courts may even prosecute cases that involved local abduction of a person for such exploitation.
- The victims of forced labor human trafficking are not always locked up in cells or their movement restricted. Victims can move freely while being bonded to unjust work agreements. Several victims deny fleeing to safety despite facing odds to escape due to fears of losing the only shelter they could probably have.
- Forced labor human trafficking is not just a serious matter of concern for developed countries, since many under-developed and developing nations also witness this type of offense in significant numbers.
What is forced labor human trafficking and what activities constitute this offense?
To accuse a person of forced labor human trafficking, a prosecutor should claim that the former was involved in any of the following activities:
1. Transporting the victim to the crime scene.
2. Enticing the victim to engage in human trade.
3. Recruiting new individuals to involve in human trade.
4. Providing shelter for the abducted victims.
5. Indirectly making arrangements for moving the victims to different locations.
The factor of consent does not play any role in these cases. People can be alleged for the offense regardless of whether or not they established consent for participating in the accused activities. Allegations, concerning forced labor human trafficking, entirely revolve around two conditions:
- The perpetrator should have had known that the victims were transported for illegal purposes like prostitution, coerced labor, etc.
- The offender should have obtained financial profits as a result of the reported forced labor human trafficking.
How can a federal Forced Labor Human Trafficking lawyer help the defendants?
The accused should be aware that there are legal options available in defending their case. A skilled and experienced Forced Labor Human Trafficking lawyer can negotiate plea bargaining with the prosecutor. This can ensure a lesser sentence and sometimes chances are high that a case may be dismissed against the defendant. Again this depends on how effectively your Forced Labor Human Trafficking lawyer presents your case.
Depending upon the intensity of your charge, the Forced Labor Human Trafficking lawyer will raise the defenses. The Law Offices of SRIS, P.C. have a successful record in defending Forced Labor Human Trafficking cases. Understand there are a host of defense options available and choosing the best in your case can make your case.
Is all forced human trafficking a crime?
New laws are being enacted every now and then to combat forced human trafficking. But does all forced human trafficking become a crime? The answer is No. For instance, a prostitute in their home country entering the United States of America through illegal means willingly takes up sex jobs, yet they are considered victims by the prosecutors. In remote cases, foreign prostitutes even qualify for a visa as victims of forced human trafficking. This makes it a serious problem. The International Labor Organization has it that most forced human trafficking constitutes sex slaves.
Not all victims are victims of forced human trafficking or those charged are criminals. There may be unjust charges that need the assistance of a trained forced human trafficking lawyer to save the defendant.
False accusation of forced human trafficking
The awareness is rising and lawmakers are constantly drafting legislations that can lead to wrongful convictions, leaving the convicted living under the stigma for the rest of their life. There are cases where legitimate businesses are involved in forced human trafficking without their knowledge, like vehicle services that transport victims without their knowledge. Though, the mistake lies on the business, as they fail to investigate the background of their clients leading to involvement in the crime without their knowledge. In such cases, it is best to contact reliable forced human trafficking from the Law Offices of SRIS, P.C. to get out of the mess.
The worst part is that even if not involved in the crime and acquitted, the blemish remains. Jobs are denied, no one wants the accused as a tenant, and they become an outcast in their community. The repercussions are immense, so do not waste any time and contact a skilled forced human trafficking lawyer immediately if accused of the crime.
The prosecution has a huge burden on them to prove the charges and this gives the advantage to the forced human trafficking defense lawyer. What makes it tough is the prosecutor has to prove that the defendant is aware of the crime and had intent. This could be tricky for the prosecution and whether they are able to prove or not the damage is done. So, before the word spreads, ensure you engage a forced human trafficking defense lawyer and get your charges cleared as soon as possible.
The penalties are steep from hefty fines, prison sentences, loss of reputation, and family life.
What constitutes human trafficking forced labor in the United States?
A person can be apprehended for the following reasons:
- The transgressor would have offered abusive working environments for the victims. There may be circumstances wherein the victims were forced into performing work through agreements that do not guarantee payment for the services rendered. In simple contexts, acquiring manual services and paying less compensation in return can bring in accusations against the unjust employer.
- Transporting employees, who do not hold appropriate rights or documents to work locally, by violating the immigration laws of the United States, is considered offensive.
- The criminal would have forced the victim to film pornographic videos, engage in prostitution, perform at strip clubs, etc. Statistics dealing with forced labor human trafficking reveal that a large number of rescued victims are drug addicts, homeless individuals, runaway teenagers, exiles, who fled for safety, etc.
The victims of human trafficking forced labor in the United States
The victims need not belong to a single community every time. The following are some of the common victims of forced labor human trafficking:
- People, who belong to the LGBTQ+ community.
- Individuals, who have experienced generational traumas, discrimination, historic oppression, and other societal vulnerabilities in the past.
- A person, who possesses unstable living environments.
- Victims of abuse or domestic violence.
- Runaway teenagers from juvenile prisons and rehabilitation centers.
- Individuals, who are in desperate need of money.
- Acquaintances of substance abuse.
What is forced labor human trafficking and how is it done?
The following are some of the circumstances that can easily be acknowledged as grounds for reporting forced labor human trafficking:
- When an employer refuses to enter into a lawful agreement with the employee.
- When an employer makes the employee sign documents that are drafted in a language that is foreign to the latter.
- When a person is showered with frequent gifts and funds from a not-so-close acquaintance.
- When a person engages in a relationship, wherein the partners have major differences in age, financial status, etc.
- When an individual voluntarily accepts to provide shelter for runaway teens and refugees.
- Involving in a close relationship with a person, who has just been befriended through social media profiles.
- When a person remains to be in close familial relationships with drug addicts.
- When an employer voluntarily offers a job that comes with pay that is too good to be legitimate.
- When an employer offers foreign employment opportunities but simultaneously denies providing explicit details related to the said job offers.
What is forced labor human trafficking in specific terms?
Forced labor human trafficking can be identified using many factors. Some of the factors include:
- When an employee is coerced by the employer to continue doing a job despite desiring to resign.
- When the employer fails to pay the discussed salaries.
- When employees lose direct control over accessing their passports and other crucial travel documents.
- When an employee is made to work and reside in environments that are secluded from other basic support systems.
- When an employee is constantly monitored by a third party (specifically while engaging in conversations with strangers).
- When an employee is made to work in unsafe work environments without being provided with safety gear.
- When the employer threatens to deport the employee.
What is forced labor human trafficking while referring to sexual exploitation?
Forced labor human trafficking for sexual exploitation is unlawful and punishable in the United States. The following are some of the circumstances that serve as grounds for calling out forced labor human trafficking for sexual exploitation:
- Forcing people to engage in commercial sex regardless of their consent.
- Subjected to being transported between workplace and home only in the presence of a bodyguard.
- When individuals are compelled to conceal the fact that they are asked to engage in commercial sex despite establishing strong denial for the same.
Charges accompanying human trafficking forced labor in the United States
A person apprehended for the crime may be accused of several other offenses including kidnapping, plotting/executing a conspiracy, forgery, robbery, or manufacture/possession/sale of drugs.
Who can be charged with forced human trafficking?
Many people are involved in the process of forced human trafficking and they include; recruiters, travel agencies, sponsors, solicitors, marketing services, child pornography producers and distributors, conspirators, etc. The irony is those who are not even aware of such a crime also fall on this list.
Human trafficking forced labor in the United States
Human trafficking is prohibited in the United States under 18 U.S.C. Section 1580 et seq. There are various penalties for those who compel another human being into labor, having slaves onboard vessels, transporting slaves from the US, selling a human being into involuntary servitude, and sex trading using minors. Under 18 U.S.C. Section 1583, 20 years of imprisonment for those convicted of kidnapping and sale of a person into slavery, either through enticement or pressure. Under 18 U.S.C. Section 1584, 20 years imprisonment for those convicted of holding a person in involuntary servitude or selling for the same purpose. In cases of severe bodily injury or death of the victim involving kidnapping or grave sexual abuse, the convicted can face life imprisonment.
The low conviction rate for human trafficking forced labor in the United States – Reasons
In some cases, a defendant may voluntarily plead guilty for a lesser conviction than the observed penalty. On the other hand, a victim will be required to establish end-to-end cooperation with the law enforcement officers throughout the processing of the lawsuit. But in reality, many victims are not willing to cooperate with the officials, and thus, the labor trafficking conviction rate of the United States is low. Therefore, lawyers, who deal with forced labor human trafficking, are likely to make the best use of factors like plea agreements, low conviction rates, etc., to thereby lessen the charges for a defendant.
Human trafficking forced labor in the United States – Punishments
Forced labor human trafficking for engagement in prostitution is lawfully acknowledged as a sex crime in the United States. Additionally, forced labor human trafficking for prostitution is recognized as a felony of class 4 in the United States. In almost all cases, the adjudged offender will be expected to serve long imprisonments due to the other collateral charges that are usually associated with forced labor human trafficking for prostitution. Cases that witness forced labor human trafficking by bypassing US immigration laws are prosecuted as a part of the regulations that monitor Homeland Security.
The US Department of State defines labor human trafficking as using force, fraud, or compelling a person to work or engage in a sexual act for profit and does not require crossing the border. To deal with forced labor human trafficking, get in touch with our attorney at the Law Offices of SRIS, P.C., right away!