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What is Sex Trafficking?

Every state and the federal government criminalize sex trafficking. These laws, including the Federal Trafficking Victim’s Reauthorization Act, often define sex trafficking as the use of force, threats of force, fraud, or coercion to cause a person to engage in a commercial sex act. With minors, the use of force, fraud, or coercion need not be shown: sex trafficking occurs when a minor has been caused to engage in a commercial sex act. A Bridgeport, CT sex trafficking lawyer can help individuals understand the serious nature of these allegations, protect their constitutional rights, and navigate the complexities of the criminal justice system.

These definitions have multiple components.

A commercial sex act is any sex act where anything of value is given to or received by any person. This is very broad. The thing of value that is given or received can be almost anything—money, food, transportation, and even drugs qualify. The perpetrator of the force, fraud, or coercion does not have to profit from the sex act, because the thing of value can be given to or received by any person, including the victim.

Force, threats of force, fraud, and coercion cover much more than physical violence. Traffickers often create a culture of fear, through threats of violence, past violent acts, displaying weapons, or making it known they have committed violent acts in the past. Traffickers may threaten to call law enforcement on their victims for prostitution or drug-related offenses. Often, traffickers coerce their victims through dependence.

Traffickers may find vulnerable victims in need of food, shelter, and safety. Then, after providing those necessities, traffickers may threaten to withhold them to coerce victims into engaging in sex acts. Traffickers also frequently take victims identifications, such as drivers licenses, to prevent victims from leaving. Traffickers use drug addiction, and the threats of withholding drugs, to compel victims to keep performing sex acts. Traffickers also use fraud, which is making a knowing misrepresentation of a material fact to induce another to act. Traffickers may promise victims job opportunities, knowing no opportunity exists.

The law recognizes traffickers use these methods, and combinations of them, to compel victims to comply. Thus, in trafficking cases, courts consider all the circumstances surrounding a trafficker’s conduct to determine whether the trafficker used force, threats of force, fraud, or coercion to engage in sex trafficking.

Many misconceptions exist about sex trafficking. The public often thinks sex trafficking is the abducting and selling of a victim into sex slavery. Sex trafficking, however, includes much more. Perpetrators of sex trafficking often find vulnerable victims in need of financial and emotional help. Traffickers provide both to victims, which starts the grooming process. Traffickers incrementally push boundaries until victims are routinely having sex with others. Victims stay with traffickers often because they feel trapped, believing they have no alternatives.

The public fails to appreciate the prevalence of sex trafficking in the United States. People often think sex trafficking occurs only abroad. Sex trafficking is on the rise here and occurs in both urban and rural areas. It happens frequently along major highways and at hotels and motels. It happens in wealthy counties as well as economically depressed areas. With social media and the reach of the internet, traffickers are able to trap more victims, including gaining more access to children.

Because sex trafficking cases often involve extensive investigations and serious consequences, obtaining experienced legal representation as early as possible is important. The attorneys at Nugent & Bryant can review the facts of your case, explain the charges you face, and guide you through every stage of the legal process.

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