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 Vermont, human trafficking is recognized as a serious crime, aligning with the federal Trafficking Victims Protection Act (TVPA). The TVPA defines human trafficking as either sex trafficking where the act is induced by force, fraud, or coercion, or where the victim is a minor, or the recruitment and exploitation of a person for labor or services through force, fraud, or coercion. Vermont state statutes criminalize human trafficking and provide law enforcement with the tools to combat this crime, protect victims, and prosecute traffickers. Victims of human trafficking in Vermont may also benefit from federal provisions such as Continued Presence and the T visa, which offer immigration relief and the potential for permanent residency after three years. Additionally, under federal law, traffickers may be required to pay restitution to their victims. Vermont law enforcement and social services are trained to recognize indicators of human trafficking, which can include signs of abuse, sudden changes in behavior, lack of control over personal circumstances, and poor living conditions. Attorneys and advocates in Vermont work to support victims and prosecute offenders of human trafficking, ensuring that the rights and dignity of victims are upheld.
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