Protecting human trafficking survivors

Survivors of human trafficking should be provided with additional services, not subject to harsh criminalization and continued marginalization. The law should ensure that these victims are provided with proper resources after surviving the trauma of human trafficking.

Local and state legislatures should pass legislation that:

• Grants a vacatur, which is a remedy that completely sets aside a criminal conviction and treats the conviction as if it never existed, for survivors of human trafficking as well as sex workers which should adhere to the following model guidelines:
  • Ensure that “[o]fficial documentation” of trafficking creates a presumption but is not required;
  • Ensure that the remedy does not require the survivor to undergo “rehabilitation” to receive the remedy;
  • Require confidentiality provisions that protect the survivor’s identity;

  “Be the most complete remedy possible under the law” eliminating any possible negative legal consequences of the conviction;

  • “State that the Court must vacate the convictions and dismiss the accusatory instrument if an individual meets the elements;”
  • Permit court to take appropriate action to institute the remedy;
  • Be retroactive and allow for a remedy for older convictions;
  • Provide funding for “legal services attorneys to bring these motions;” and
  • Grant a similar vacatur remedy for prostitution offenses not involving trafficking.