Slipping Through the Cracks: The Dual Victimization of Human-Trafficking Survivors

28 Pages Posted: 30 Jun 2013  

Allison L. Cross

University of the Pacific - McGeorge School of Law

Date Written: 2013

Abstract

This article examines how jurisdictions respond when human trafficking victims are charged and criminally prosecuted for crimes committed as a result of a then-present trafficking situation. Characterizing such a situation as a "dual victimization," this article argues that all jurisdictions should provide some form of relief to such individuals; ideally, every jurisdiction should provide an affirmative defense an individual may raise during a criminal trial and a vacation of judgment for prior convictions. Furthermore, to prevent dual victimization, jurisdictions should mandate human trafficking training for their law enforcement officers in order that officers in the field would be more able to recognize a victim of human trafficking as a victim and render aid and support.

Keywords: Law, human trafficking, trafficking of persons, remedies for human trafficking victims, relief for human trafficking victims, criminal procedure, criminal law, affirmative defense, vacation of judgment, mandatory law enforcement training

JEL Classification: K14, K40, K42

Suggested Citation

Cross, Allison L., Slipping Through the Cracks: The Dual Victimization of Human-Trafficking Survivors (2013). McGeorge Law Review, Vol. 44, Issue 2, p. 395, 2013. Available at SSRN: https://ssrn.com/abstract=2287310

Allison L. Cross (Contact Author)

University of the Pacific - McGeorge School of Law ( email )

3200 Fifth Avenue
Sacramento, CA 95817
United States

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