DC Federal Human Trafficking Penalties

Common Human Trafficking Tactics

 

Human trafficking, the illegal exploitation of people for sex or labor, affects millions yearly. Anybody can be a victim, regardless of age, race, gender, or country. Some of the most common tactics that traffickers use to lure victims include:

• Violence

• Manipulation

• Empty promises of high-paying jobs

• Romantic relationships

 

What Is Federal Human Trafficking?

 

The federal government defines human trafficking as “the recruiting, housing, transportation, furnishing, or procuring of a person or minor children for work or commercial sex act services using force, coercion, or deception with the intent to commit such person to involuntary servitude, debt bondage, peonage, or slavery.”

Human trafficking is often underreported because victims are too afraid to report it, or there’s a language barrier between them and the authorities. It is important to note that human trafficking is a serious offense under U.S.A. federal law and comes with severe consequences.

DC Federal Human Trafficking Statute

 

Federal prosecutors use several statutes to prosecute perpetrators of this federal offense. Anyone found guilty of forced labor trafficking or commercial sex trafficking faces dire consequences regardless of age. Some of the statutes used to prosecute human traffickers in D.C. include the following:

• 1581, 1584, 1589, 1590, 1591, and 1592 18 U.S.C sections.

• TVPRA (Trafficking Victims Protection Reauthorization Act) of 2003. This statute establishes trafficking as a chargeable crime and provides a civil right for victims of trafficking to sue their traffickers. It also aims to protect human trafficking victims from deportation. It also requires the Attorney General to report to Congress all activities of trafficking.

• TVPRA of 2005.

• William Wilberforce’s TVPRA of 2008.

• The Mann Act. This act made the interstate transportation of women for commercial sexual activity a felony crime. It aims to protect against human trafficking, sexual exploitation, child pornography, and commercial sex acts.

• JVTA (Justice for Victims of Trafficking Act) of 2015. Under this act, a person who purchases sexual acts from a sex trafficking victim may be arrested and convicted for human trafficking. Since it was established under the Domestic Trafficking Victims’ Act, it allows finances from human traffickers to help human trafficking victims.

Additionally, there are secondary laws that help law enforcement officers fight human trafficking, such as:

• 2004’s Intelligence Reform and Terrorism Prevention Act.

• Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today (PROTECT) Act.

• Civil Asset Forfeiture Reform Act.

DC Human Trafficking Sentencing Guidelines

 

Prior to 2004, sentencing guidelines necessitated a sophisticated mathematical calculation. The defendant’s criminal records, the specifics of the offense, and any relevant mitigating or aggravating circumstances had to be thoroughly investigated. However, after the Supreme Court ruled that some of these guidelines were illegal, they reduced the guidelines to advisory status.

Nevertheless, human trafficking charges still carry severe legal consequences. A judge can go below or above the guideline ranges based on the specifics of the case. For example, a judge may impose a lesser term if the defendant only had a minor involvement in the human trafficking case.

 

Determination of Jail Time for Human Trafficking Conviction

There are certain circumstances when the judge can lengthen your sentence during the ruling. However, before they adjust your sentence, they’ll typically consider the following:

• The number of victims involved

• The age of the alleged victim

• The total money that was at stake

• The amount of physical harm

• The use of weapons

In cases where multiple victims were involved, excessive force was used on the victims, abuse was threatened, or a large sum of money was at stake, the punishment could be severe. However, the judge will also check the circumstances surrounding the case. The defendant’s age and circumstances that led to human trafficking can impact the final verdict.

If you were pressured into committing or engaging in human trafficking, the punishment may be less severe. The judge will ascertain your level of involvement and the extent to which you benefited from the crime.