Bipartisan legislation introduced by U.S. Sen. Rob Portman (R-OH) would enable victims of human trafficking to petition courts to have their records cleared of criminal charges directly related to human trafficking.
The Trafficking Survivors Relief Act would allow victims of human trafficking in criminal or immigration court proceedings to petition courts to have any federal convictions for nonviolent crimes removed from their records.
As a result of being trafficked, victims are commonly charged with crimes such as conspiracy, money laundering, drug trafficking, and related offenses.
“Trafficking victims are not criminals and they are not prostitutes,” Portman said. “They are rape victims. I’ve met with a number of brave trafficking survivors in Ohio who have told me that after they were forced into sex, they were charged with prostitution. This just makes no sense and it hurts them at a time when they are recovering from the unimaginable trauma of being trafficked and sexually abused. It’s time to stop punishing these victims and instead help them get their lives back.”
In order to have non-violent offenses removed from their records, survivors would be required to submit testimony or a sworn statement to the court from a trained victim services professional, as well as sworn affidavit or testimony from the survivor.
U.S. Sen. Kirsten Gillibrand (D-NY), who introduced the bipartisan bill with Portman, noted that victims of human trafficking who are forced into slavery often face a multitude of criminal charges because they do not have the freedom to say no to their captors.
U.S. Reps. Ann Wagner (R-MO), Kristi Noem (R-SD) and Erik Paulsen (R-MN) led companion legislation in the House.