Victims of human trafficking would be allowed to petition courts to have their criminal records cleared under bipartisan legislation led by U.S. Reps. Ann Wagner (R-MO), Kristi Noem (R-SD) and Erik Paulsen (R-MN).
The Trafficking Survivors Relief Act would enable human trafficking survivors convicted of non-violent crimes as a direct result of human trafficking to petition courts to vacate their arrests or convictions.
“We have a moral obligation to protect survivors of trafficking who were arrested or convicted for offenses that they were forced to commit,” Wagner said. “No victims of trafficking should be criminalized for the horrific exploitation they have endured. I am proud that through the Trafficking Survivors Relief Act, we are giving survivors a fresh start and an opportunity to recover from trauma, social stigma and discrimination.”
The measure would require certified criminal or immigration court proceedings demonstrating that the person was a victim of human trafficking, testimony or a sworn statement from a trained professional who treated the survivor, and an affidavit or sworn testimony stating that the survivor’s criminal activities were a direct result of human trafficking.
“Traffickers often use drugs and alcohol as a means of control, deepening a victim’s dependence on the trafficker,” Noem said. “Many survivors escape to face a stack of legal paperwork for violations committed while under a trafficker’s control. That makes it extremely difficult for a person to get their feet back under them and move forward.”
Around 80 percent of trafficking survivors have lost or not received employment because of their criminal convictions, according to a recent survey by the National Survivor Network. Around half had difficulty accessing housing.
Paulsen said the measure marks the next step in freeing victims from the bonds of human trafficking.
“They need support and protection so they can return to living fulfilling lives on their own terms and get the fresh start they deserve,” Paulsen said.
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