Sex trafficking survivors seeking justice often face a challenging and emotionally draining process. However, civil lawsuits provide an avenue for human trafficking victims to seek compensation for the exploitation they have endured.
Filing a civil lawsuit allows trafficking victims to hold their human traffickers, and potentially third-party facilitators, accountable while recovering damages for their suffering. Continue reading to discover and understand the steps sex trafficking victims can take to file a civil lawsuit along with valuable information about Nevada’s laws, federal options, and resources.
What Are Civil Lawsuits in Sex Trafficking Cases?
Civil lawsuits in sex trafficking cases allow human trafficking victims to pursue financial compensation from human traffickers or other parties responsible for their exploitation.
Unlike criminal prosecution, which is pursued by the state and may result in jail time for the trafficker, civil lawsuits focus on awarding damages to the victim. These cases are typically pursued under both state laws and the federal Trafficking Victims Protection Act (TVPA), depending on the specifics of the case.
Understanding the Legal Framework: Nevada vs. Federal Law
Nevada state laws offer a powerful means for trafficking survivors to seek justice. Under NRS 41.1399, victims of human trafficking can file a civil lawsuit against those responsible for their abuse. Additionally, third-party entities that knowingly profited from trafficking, such as hotels or online platforms, can also be held liable.
On the federal level, the Trafficking Victims Protection Act (TVPA) provides survivors with a civil remedy to file federal civil trafficking cases against traffickers and anyone who financially benefited from the trafficking venture. Survivors may choose to file under federal law to access broader remedies, but state claims can be more localized and may proceed faster in Nevada’s courts.
Case Precedents in Nevada and the U.S.
Victims filing human trafficking lawsuits in Nevada and other states have successfully won cases under both state and federal laws. Here are some key examples:
Doe v. Red Roof Inns, Inc. (2020)
In this landmark case, several victims of sex trafficking sued major hotel chains, including Red Roof Inns and others, for allowing commercial sex trafficking to occur on their properties. The plaintiffs alleged that the hotels profited by ignoring obvious signs of trafficking. This case resulted in a significant settlement, showing that third-party facilitators can be held accountable under federal law.H.G. v. Wyndham Hotels and Resorts (2020)
A victim known as H.G. filed a civil lawsuit against Wyndham Hotels and others, claiming that these hotels knowingly allowed traffickers to exploit her over several years. The court ruled in favor of the plaintiff, setting a precedent for holding hotel chains responsible for turning a blind eye to trafficking activities.David v. Signal International, LLC (2015)
In this case, forced labor victims from India won a human trafficking lawsuit against Signal International, a company that lured them to the U.S. with false promises of work. After enduring horrific working conditions, the victims sued under the TVPA and won a $14 million settlement, one of the largest of its kind.
These cases illustrate the power of civil lawsuits in holding traffickers and third-party facilitators accountable for sexual exploitation and commercial sex acts.
Steps for Filing a Civil Lawsuit in Sex Trafficking Cases
Filing a civil lawsuit can be daunting for survivors of sex trafficking. However, following the right steps with the support of an experienced attorney can make the process more manageable and increase the chances of success.
1. Consult an Experienced Human Trafficking Attorney
The first step in filing a civil lawsuit is seeking legal advice from a compassionate, skilled attorney who is experienced in human trafficking lawsuits. It’s crucial to have someone who understands both Nevada state laws and the TVPA, and who can guide you through the process of determining the best course of action.
If you are a survivor of human trafficking and seeking guidance, Bourassa Law Group is here to help. Our team has the expertise to support you through this difficult journey.
2. Collect Evidence
To build a strong case, victims need to provide evidence that proves their exploitation. This may include:
Testimonies from the victim and witnesses
Medical records documenting injuries or trauma
Financial records showing the trafficker’s profits
Police reports or investigative documents
Emails, texts, or other communications between the trafficker and third-party facilitators
Survivors should work closely with their attorney to gather and organize this evidence.
3. File the Complaint
Once sufficient evidence is gathered, the next step is filing a complaint in either state or federal court. The complaint outlines the case, the evidence, and the damages being sought. In Nevada, a civil lawsuit must typically be filed within 10 years of the victim’s emancipation or the discovery of the trafficking.
4. Engage in Pre-Trial Negotiations
Many civil lawsuits are settled before trial. During the pre-trial phase, both parties may negotiate a settlement. This could lead to compensation without the emotional toll of a lengthy trial. An experienced attorney can help determine if a settlement offer is fair or if continuing to trial is the better option.
5. Prepare for Trial
If the case goes to trial, survivors will need to work with their attorney to present the evidence, call witnesses, and argue their case in front of a judge or jury. During this process, the burden of proof in civil lawsuits is the “preponderance of the evidence,” meaning the plaintiff must show that it is more likely than not that the trafficking occurred.
Legal Remedies Available to Survivors
Filing a civil lawsuit in sex trafficking cases can result in various types of financial relief for survivors:
1. Compensatory Damages
These damages cover the direct costs and losses the victim has suffered, including:
Medical and psychological treatment costs
Lost wages or future earnings
Pain and suffering
2. Punitive Damages
In some cases, courts may award punitive damages to punish the trafficker or third-party enabler for their egregious conduct. This type of compensation is designed to deter future trafficking and sexual exploitation.
3. Equitable Relief
Victims may also seek injunctive relief to prevent further exploitation by ordering the trafficker or a third party to cease their activities related to trafficking.
Liability for Third Parties: Hotels, Websites, and More
In both state and federal civil trafficking cases, third-party facilitators like hotels, transportation companies, and online platforms may be held accountable if they knowingly benefited from trafficking activities. High-profile cases like Doe v. Red Roof Inns have shown that businesses that turn a blind eye to trafficking can face significant legal consequences.
Victims may be able to file human trafficking lawsuits against these third-party enablers if they profited from the trafficking or failed to take reasonable steps to stop it.
Statutes of Limitations in Nevada
Nevada law provides victims with a 10-year statute of limitations for filing a civil lawsuit, starting from either the victim’s emancipation or the discovery of the trafficking act. However, given the complex nature of trauma and memory in trafficking survivors, courts may extend this period under certain circumstances.
Victims should consult an attorney as soon as possible to ensure they file within the legal timeframe.
Additional Resources for Trafficking Victims
Survivors of trafficking can access a range of resources to assist them during the legal process. The Human Trafficking Legal Center offers legal representation and guidance, while local organizations like the Nevada Coalition to End Domestic and Sexual Violence provide emotional and logistical support.
Statistics on Human Trafficking in Nevada
In 2022, Nevada reported more than 200 cases of human trafficking, with Las Vegas being a major hub for trafficking activities due to its tourism industry. Victims are often young women, many of whom are forced into commercial sex trafficking. Civil lawsuits are a critical tool for holding traffickers and enablers accountable and securing financial support for survivors.
Conclusion: Empowering Trafficking Survivors Through Civil Lawsuits
Filing a civil lawsuit empowers human trafficking victims to seek justice and compensation for the profound harm they’ve endured. Whether through Nevada state law or the TVPA, survivors can hold their human traffickers accountable.
If you or someone you know is a survivor of human trafficking, Bourassa Law Group is here to guide you with compassion and expertise.
We are committed to helping you reclaim your rights and secure justice.
1-800-870-8910