Protect Sex Trafficking Victims

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Why it matters

1. 1

   Protections for Trafficking Victims. This bill recognizes that people charged with prostitution may themselves be victims of sex or human trafficking, and creates a legal avenue for them to avoid conviction if they can prove they were coerced or trafficked. This shifts the focus from criminalizing survivors to recognizing their victimization.

2. 2

   Reduces Barriers to Seeking Help. By offering an affirmative defense, individuals who have been trafficked may be more willing to cooperate with law enforcement or seek assistance without fear of being prosecuted themselves, potentially improving outcomes for both victims and authorities combating trafficking.

3. 3

   Aligns State Law with Federal Standards. The bill explicitly references both New York’s sex trafficking statutes and the federal Trafficking Victims Protection Act, ensuring consistency and clarity in how trafficking victims are treated in New York courts. This may help standardize protections and facilitate access to federally available resources.

4. 4

   Potential to Influence Prosecution Practices. Prosecutors and defense attorneys will need to consider evidence of trafficking in prostitution cases, which could result in fewer convictions for individuals who can demonstrate they were victims, and may encourage broader reforms in how the justice system addresses prostitution and trafficking.

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