Filing a lawsuit for sex trafficking is a critical step toward justice and healing. Victims of human trafficking and their families often face immense emotional and legal challenges when pursuing legal action against traffickers. However, the process can be complex, and making certain mistakes along the way could jeopardize the outcome of the case.
In this article, we'll explore the top mistakes to avoid when filing a sex trafficking lawsuit and provide expert insights from a human trafficking lawyer. By understanding these pitfalls, victims and their families can take informed steps toward achieving justice.
At James Rolshouse Law Firm PLLC, our dedicated attorneys are committed to guiding survivors through every step of the legal process of human trafficking cases. We provide compassionate support, preserve crucial evidence, and advocate tirelessly to help you secure the justice and compensation you deserve.
1. Waiting too long to take action
When it comes to pursuing a sex trafficking lawsuit, time is of the essence. One of the most common mistakes victims make is delaying legal action. Human trafficking laws vary from state to state, and there are time limits known as the statute of limitations that can prevent you from filing a claim if you wait too long.
Why you should act fast:
- Evidence deteriorates: Over time, physical evidence can degrade, digital records may be lost, and witnesses' memories can fade.
- Legal deadlines: Missing critical filing deadlines can prevent a lawsuit from moving forward.
Expert Advice: A human trafficking lawyer can help you understand the statute of limitations in your state and act quickly to gather evidence. Reaching out to legal counsel as soon as possible helps to ensure that you don't miss your opportunity to seek justice.
2. Not identifying the full extent of the damage
Sex trafficking often leaves deep physical, emotional, and psychological scars on victims. Many survivors focus on the immediate trauma of their exploitation and may overlook the longer-term effects, such as PTSD, depression, and anxiety. Failing to account for the full scope of your damages can significantly impact the compensation you're entitled to.
Expert Advice: A skilled human trafficking lawyer can help you understand the long-term effects of trafficking, ensuring that your lawsuit accounts for medical bills, therapy costs, lost wages, and emotional distress.
3. Ignoring the myths about human trafficking
One of the biggest barriers to justice for trafficking victims is the widespread misinformation surrounding the issue. Myths about human trafficking can create confusion and prevent victims from realizing that they are entitled to seek legal action. These misconceptions often contribute to feelings of shame, guilt, or misunderstanding, making it harder for survivors to recognize their rights.
Common myths and how they prevent legal action:
- "Human trafficking only happens in foreign countries." Many victims may not realize that trafficking occurs in their own communities, leading them to dismiss their own experiences as not meeting the definition of trafficking.
- "Only women and girls are trafficked." This myth can prevent male or non-binary victims from seeking legal support, as they may not believe they qualify as victims.
- "Victims must be physically forced into trafficking." Psychological manipulation, coercion, and threats are common tactics used by traffickers. Victims who weren't physically restrained might not recognize that they have experienced trafficking.
- "If a victim consented to any part of the situation, it's not trafficking." Traffickers often use deception and false promises. Even if a victim initially agreed to a job or relationship, they can still be legally recognized as a trafficking victim.
- "Victims must try to escape to be considered legitimate." Many victims remain with their traffickers out of fear, dependence, or a lack of resources. This myth can make survivors hesitant to come forward.
- "Traffickers are always strangers who kidnap victims." In reality, traffickers are often people the victim knows, including family members, romantic partners, or employers, which can create confusion and hinder the decision to take legal action.
Expert advice: A human trafficking lawyer can help victims understand the reality of trafficking and how the law protects them, offering guidance on how to navigate the legal process and build a strong case.
4. Failing to collect evidence or document your experience
In any legal case, evidence is crucial, and this is especially true for victims of sex trafficking. One of the most common mistakes is not recognizing what constitutes valuable evidence or failing to collect it in a timely manner. Victims may not understand the importance of documentation or might not realize that certain details can be pivotal for their case.
Physical evidence like receipts, identification documents, or objects left behind by the trafficker may be relevant.
Digital evidence, such as text messages or emails, can also be used to demonstrate the relationship between the trafficker and the victim or to show patterns of abuse and control. Photos, videos, and screenshots that capture these exchanges often play a key role.
How does social media play a part in human trafficking?
Social media platforms can play a significant role in human trafficking these days. Traffickers often use social media to manipulate and groom victims, making these platforms a critical piece of the trafficking puzzle.
Social media is frequently used to lure individuals into dangerous situations or maintain control over them. Ignoring its potential role in a trafficking case can lead to missed opportunities. Digital footprints—such as chat logs, photos, and online interactions—can be extremely helpful in proving the trafficker's influence and control.
Expert advice: Document and keep records of your experiences as thoroughly as possible. A human trafficking lawyer can help guide you on what types of evidence to preserve, from medical records to digital evidence on social media platforms, ensuring that everything is saved, protected, and properly documented for your case.
5. Not seeking emotional support during the legal process
Filing a lawsuit can be an incredibly challenging and emotionally draining experience, especially when you are dealing with the trauma of human trafficking. It's completely natural to feel overwhelmed, anxious, or even afraid during this time.
Many survivors struggle with feelings of shame, guilt, or a fear of being judged or misunderstood if they open up about their experiences. However, seeking emotional support is not only a sign of strength but also a critical step toward healing.
Emotional and psychological support can provide a safe space to process feelings, manage stress, and build resilience throughout the legal process. Plus, having support not only offers comfort and stability but also helps make the legal process more manageable and less stressful.
Ways to seek emotional support:
- Therapy and counseling: Working with a mental health professional can help you process trauma and build coping strategies.
- Support groups: Connecting with others who have had similar experiences can reduce feelings of isolation and provide a sense of community.
- Trusted friends and family: Leaning on loved ones can offer comfort, understanding, and stability during difficult times.
Expert advice: Many human trafficking lawyers understand the profound impact trauma can have and often work closely with social workers, therapists, and support networks to ensure you receive the holistic care you need. They can connect you with professionals who specialize in trauma-informed care, offering counseling, therapy, and support groups specifically designed for survivors of trafficking.
Let our human trafficking lawyers fight for you
Seeking justice for sex trafficking is a courageous step. Avoiding these common mistakes can help ensure that your case is as strong as possible, giving you the best chance for a successful lawsuit.
If you or a family member has been a victim of human trafficking, take the first step toward justice by filling out our simple form. At James Rolshouse Law Firm PLLC, our compassionate and experienced attorneys are here to help you secure the justice and compensation you deserve.