Sex trafficking is a form of human trafficking that involves sexual exploitation. In order for an act to be considered sex trafficking, it must include a form of manipulation, coercion, fraud, or force, unless the victim is a minor.

If persons under 18 years old perform any commercial sex act (a sex act performed in exchange for payment) is considered a victim of human trafficking without coercion, force, or fraud as a necessary element. 

Sex trafficking is one form of human trafficking, but human trafficking can include other exploitations that aren’t sexually driven. Human trafficking can include sex trafficking, labor trafficking, and domestic servitude. 

The definition of human trafficking from the US department of Labor is “a crime involving the exploitation of someone for the purposes of compelled labor or a commercial sex act through the use of force, fraud, or coercion.” The US DOL goes on to say, “Where a person younger than 18 is induced to perform a commercial sex act, it is a crime regardless of whether there is any force, fraud, or coercion.”

A personal injury lawyer can represent sex trafficking victims in civil cases in which the victims can seek recovery for damages caused directly by negligent parties involved in the sex trafficking operations. 

Our lawyers at Hughes & Coleman have a thorough understanding of how sex trafficking survivors can seek compensation for economic and non-economic damages sustained during sex trafficking operations. 

They follow federal and state laws closely to ensure that victims’ rights are protected throughout the legal process. Contact us today to for a free case evaluation.

Trafficking Victims Protection Act

In 2000, the passing of the Trafficking Victims Protection Act (TVPA) allowed for multiple federal agencies to work in cooperative settings to investigate, prosecute, and prevent human trafficking, including sex trafficking. It has since become “the national framework for federal response to human trafficking.” The TVPA has been reauthorized several times throughout the years to ensure that language and laws are designed to support the three-pronged approach: prevention, prosecution, and protection. 

In addition to federal sex trafficking laws, each state has different laws against human trafficking and sex trafficking. 

Kentucky (KRS) § 529.100 explicitly prohibits human trafficking, including sex trafficking. In Kentucky, human trafficking is considered “a Class B felony unless the victim of human trafficking is under eighteen (18) years of age, in which case it is a Class A felony.”

In addition to laws prohibiting sex trafficking, Kentucky knows the importance of protecting victims and survivors. The Kentucky Human Trafficking Victims’ Act (HTVRA) was passed in 2013. The HTVRA includes sections requiring the Attorney General of Kentucky to “provide initial training courses and, at least once every two (2) years, continuing education courses for Commonwealth’s attorneys and county attorneys and their staffs.” This training includes domestic abuse, child abuse, adult and child victims and “the appropriate response to victims of human trafficking.” 

In addition, the HTVRA is designed to protect child victims of sex trafficking by providing welfare services instead of prosecution. 

In Tennessee, human trafficking and sex trafficking laws include Tennessee Code § 39-13-309, which “is a Class B felony punishable by imprisonment for 8–30 years and a possible fine not to exceed $25,000.”

You can learn more about how human trafficking is approached in Tennessee from the Tennessee Bureau of Investigation, which follows and monitors human trafficking closely, offering educational materials and annual human trafficking reports. These reports help the TBI better assess how to approach sex trafficking to ensure that victims are safe. 

Both Kentucky and Tennessee allow sex trafficking survivors to seek compensation from damages caused by the negligence of those who enabled or aided sex trafficking operations. 

Liable parties for sex trafficking injuries could include:

• Hotel owners or operators who knowingly allowed or profited from sex trafficking operations on their property. 
• Web development companies who knowingly created websites specifically designed for the purpose of sex trafficking. 
• Airlines or transportation services.
• Strip clubs who actively participated in sex trafficking or knowingly allowed sex trafficking operations on their property. 
• Social media sites (if they knowingly allowed sex trafficking operations to take place or negligently dismissed security concerns). 
• Financial institutions

Depending on the circumstances surrounding the sex trafficking, different organizations, businesses owners, and corporations may be held liable for sex trafficking damages, if survivors can prove negligence. 

If you’re unsure whether or not you have a civil case against a business or organization who knowingly allowed or profited from sex trafficking, call Hughes & Coleman today for a free case evaluation.

In some sex trafficking civil lawsuits, survivors are able to sue liable parties for various types of damages. Non-economic and economic damages are the most common, although some cases may result in punitive damages. 

Economic damages sex trafficking survivors may be able to receive include:

• Medical bills (for physical injuries)
• Therapy and mental health bills (for psychological damages)
• Rehabilitation
• Lost wages (for earnings possible if the human trafficking didn’t occur)

Non-economic damages sex trafficking survivors may be able to recover could include:

• Post-Traumatic Stress Disorder (PTSD)
• Emotional distress
• Loss of enjoyment of life
• Pain and suffering

In some cases, when a civil lawsuit is brought to trial, juries may award punitive damages. These are generally monetary awards that juries decide upon that are designed to punish the liable parties.

Yes! Each state has a different statute of limitations on sex trafficking civil lawsuits. 

In Kentucky, survivors over the age of 18 have one year from the date of the incident to file a civil suit. Those who are under 18 when the sex trafficking occurs must file a claim within five years of the trafficking “or within five years of the date of discovery, or within five years after the victim turns 18.”

In Tennessee, survivors over the age of 18 must file their claims within one year of the incident. For those who are under 18 years of age, survivors must file their claims within one year of turning 18. 

Sex trafficking civil lawsuits that hold third parties responsible can be precursors for change in the system. As more negligent hotels, motels, and other organizations are held accountable for sex trafficking damages, more of these locations will have incentive to report sex trafficking operations. 

As more businesses are found liable for damages, fewer may take the risk of supporting, profiting from, or turning a blind eye to sex traffickers. 

Civil lawsuits have long been catalysts for change, and as more sex trafficking attorneys support victims, the stakes could get higher for all parties involved in sex trafficking operations. 

If you’re a survivor of sex trafficking, contact Hughes & Coleman today to see how we can help. 800-800-4600.