Family & Safety

Gretchen Scavo is a partner at Winston Strawn LLP.

A new law in Illinois makes it easier for victims of human trafficking Involves the use of force or coercion to make someone participate in forced labor or a commercial sex act, or luring them into participating if they are under 18. to sue their abusers.  The law is called the Trafficking Victims Protection Act, and it started on January 1, 2019. It helps victims handle the real-life problems they face when trying to get justice. This post explains some key parts of the Act and the rights it gives.

Victims of Human Trafficking and Involuntary Servitude

Under the Act, victims of human trafficking and involuntary servitude To coerce a person to participate in forced labor (not commercial sex acts) through coercion or if the victim is under 18 years of age. can sue their perpetrators.  Involuntary servitude is when a person forces another person to perform labor or services by:

• Physical harm or restraint
• Abusing the law or legal process
• Taking someone’s passport A document that lets a person travel outside the country or other immigration document
• Financial control, or
• Threats

Human trafficking includes:

• recruiting,
• harboring, or
• transporting someone who will be subjected to involuntary servitude, and
• a person who knowingly benefits from involuntary servitude, even if the person did not individually engage in the conduct.

Victims of the Sex Trade

The Act also lets victims of the sex trade sue their recruiters. They can also sue anyone who profits from a sex trade act, or hurts a victim of the sex trade.  The sex trade includes:

• prostitution,
• pandering,
• pimping,
• exploiting a child,
• child pornography, and
• other related conduct.

Who can sue under the Act?

A victim of involuntary servitude, human trafficking, or the sex trade can sue under the Act. But the Act doesn’t stop there.  It also says that a legal guardian, agent, court appointee, or organization can sue on the victim’s behalf. Finally, the government may also sue.

What can a victim get?

If they win the case, a victim can get “all relief that would make him or her whole.”  That includes money, including the money that was received because of the acts. Some examples include:

• Monetary loss, including loss of the ability to earn money
• Money for death, personal injury, disease, and mental and emotional harm, including medical and rehabilitation expenses, pain and suffering, and physical impairment, and
• For victims of human trafficking or involuntary servitude, any wages The amount of money that a person is paid for work they do required bylaw

How long does a person have to sue?

Victims have 25 years from when they first learn about the abuse and who did it. This means the time to sue starts only after they know about the abuse and the person who caused it.

There are special rules that can delay or pause the 25-year time limit. First, if the same person commits two or more acts against the victim, the time doesn't start until the victim find out two things: when the last act happened and that the person responsible profited from it. Second, the clock doesn't run while the victim is being threatened, tricked, or manipulated by the perpetrator or their helpers. Finally, the time limit doesn't start until the victim turns 18. If the victim has a legal disability A substantial impairment that functionally limits a person in carrying out major life activities, such as walking, lifting, seeing, or learning. when they turn 18, the time limit is paused. It stays paused until the disability is resolved.

What is the victim’s burden of proof?

A “burden of proof The standard required to to prove something ” is how strong the evidence Anything used to show that something is true needs to be for a judge or jury to believe someone's side of a case. In a criminal case, the government must prove its case "beyond a reasonable doubt." But in a civil case, like a victim's case under this Act, the burden of proof is "preponderance of the evidence." This means the evidence just needs to show it's "more likely than not" that what the person says is true. This is important because it can be hard to find physical evidence and get witnesses to speak up.

The Act expressly rejects several key “defenses”

The Act has an entire section of arguments that a perpetrator is not allowed to make when accused under the Act. These are termed “Non-defenses.” They include:

• The victim and the perpetrator had a marital or consenting sexual relationship
• The victim and the perpetrator are related by blood or marriage, or have lived together in any formal or informal household relationship
• The victim was paid or otherwise compensated for the sex trade, human, or other services
• The victim had engaged in sex trade activity or had been subjected to involuntary servitude or human trafficking before the perpetrator became involved
• The victim did not attempt to escape, flee, or otherwise end contact with the perpetrator
• The victim consented to engaging in acts of the sex trade, human, or other services;
• The offending act was a single incident or that it involved no physical contact
• The perpetrator has been acquitted or has not been investigated, arrested, or prosecuted for criminal law violations for the conduct at issue in the civil lawsuit, and
• It was illegal for the victim to engage in the sex trade activity, human or other services

Conclusion

The Trafficking Victims Protection Act of Illinois is an important step in helping victims of human trafficking, forced labor, and the sex trade get justice. It addresses the challenges they face in bringing their abusers to court.

Note: This blog was updated 9/30/19 to reflect the new statute of limitations under SB 1890. The limit went from 10 to 25 years.

This information is posted as a public service by Illinois Legal Aid Online and its partners. Its purpose is to inform people of their legal rights and obligations. Talk to a lawyer Someone who represents clients in courts or who gives legal advice if you have questions about how this information applies to you.