Human trafficking is a crime that involves exploiting a person for labor, services, or commercial sex. The federal Trafficking Victims Protection Act (TVPA) and its subsequent reauthorizations define human trafficking as: (1) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act is less than 18 years of age; or (2) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjecting them to involuntary servitude, peonage, debt bondage, or slavery. 22 U.S.C. §7102(11).
As a result of the TVPA, law enforcement was given the ability to protect international victims of human trafficking through several forms of immigration relief, including Continued Presence and the T visa. Continued Presence allows law enforcement officers to request temporary legal status in the United States for a foreign national whose presence is necessary for the continued success of a human trafficking investigation. The T visa allows foreign victims of human trafficking to become temporary U.S. residents, through which they may become eligible for permanent residency after three years. The TVPA also established a law requiring defendants of human trafficking investigations to pay restitution to the victims they exploited.
Traffickers use force, fraud, coercion, manipulation, and false promises of well-paying jobs or romantic relationships to lure their victims and force them into labor or commercial sexual exploitation. They look for people who are susceptible for a variety of reasons, including psychological or emotional vulnerability, economic hardship, lack of a social safety net, natural disasters, or political instability. The trauma caused by the traffickers can be so great that many may not identify themselves as victims or ask for help, even in highly public settings.
Indicators of human trafficking include:
• Does the person appear disconnected from family, friends, community organizations, or houses of worship?
• Has a child stopped attending school?
• Has the person had a sudden or dramatic change in behavior?
• Is a juvenile engaged in commercial sex acts?
• Is the person disoriented or confused, or showing signs of mental or physical abuse?
• Does the person have bruises in various stages of healing?
• Is the person fearful, timid, or submissive?
• Does the person show signs of having been denied food, water, sleep, or medical care?
• Is the person often in the company of someone to whom he or she defers? Or someone who seems to be in control of the situation, e.g., where they go or who they talk to?
• Does the person appear to be coached on what to say?
• Is the person living in unsuitable conditions?
• Does the person lack personal possessions and appear not to have a stable living situation?
• Does the person have freedom of movement? Can the person freely leave where they live? Are there unreasonable security measures?
In Virginia, human trafficking is recognized as a severe crime, aligning with the federal Trafficking Victims Protection Act (TVPA). The TVPA defines human trafficking as either sex trafficking where commercial sex acts are induced by force, fraud, or coercion, or where the victim is a minor under 18 years of age, or the recruitment and exploitation of a person for labor or services through force, fraud, or coercion. Virginia state law criminalizes both sex trafficking and labor trafficking and provides severe penalties for those convicted of such crimes. The state also has provisions for the protection and assistance of victims, including minors. This includes services such as counseling, medical care, and legal assistance. Virginia law enforcement agencies collaborate with federal authorities to investigate and prosecute human trafficking cases, and there are various resources and hotlines available for reporting suspected trafficking. Additionally, Virginia's laws are designed to reflect the TVPA's emphasis on victim protection, offering avenues for restitution and support for victims to rebuild their lives, including cooperation with immigration relief measures such as Continued Presence and the T visa for international victims.
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