When people learn about human trafficking, they always ask: “what can my community do to help survivors?” One simple answer is: “give victims real access to justice.” Right now, our elected leaders are in a remarkable position to do this.
Human trafficking has the same dynamics we see in sexual assaults, child abuse and domestic violence. Victims typically don’t understand they’re being victimized, often for years and are afraid to testify against their trafficker. And because victims who are “freed” after their traffickers’ arrests face so many barriers to a safe, stable, sustainable life, they will often choose to re-enter “the life” that has become so familiar to them.
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It happens in every corner of the state. Buffalo is not immune. A high-profile sex trafficking case is set to go to trial in Buffalo, proving that we need statewide solutions to help victims.
Since it can take trafficking survivors years if not decades to come to terms with their victimization, we would assume our justice system can accommodate that so every survivor can get their day in court and no trafficker is above the law. Unfortunately, New York’s laws don’t allow for that. A statute of limitations of five years after their last victimization is a huge barrier to justice. It is also a huge asset for traffickers who can largely continue to earn money by exploiting the vulnerable.
Assembly bill A1940 would eliminate the civil and criminal statute of limitations on sex trafficking. The benefits of eliminating the criminal SOL are clear, and the benefits of eliminating the civil SOL and providing a retroactive window for victims to sue is profound. We have already seen the civil window in the Child Victims Act and the Adult Survivors Act financially sting bad actors and provide financial relief for victims who have suffered life-long harm. Trafficking victims are entitled to this same level of financial relief, and it takes on an added dimension; by definition trafficking involves one person using another’s body to earn money for them. Civil suits are the only mechanism for victims to regain some of what was taken from them.
This bill isn’t terribly controversial; it passed the New York Senate unanimously last year. But if the assembly doesn’t prioritize it, it may not pass this year. Year after year, New York is one of the top five states in the nation for reports to the national Human Trafficking hotline. Every day that this bill remains unpassed is a day where we’re making the state safer for traffickers and less fair for victims. There’s no excuse for that.
Gov. Kathy Hochul and Assembly Speaker Carl Heastie should make this bill a priority and quickly move to make it law.
Melanie Blow is the executive director of the Stop Abuse Campaign.
