Child Trafficking: Overview

Child trafficking is the illegal recruitment, transportation, or harboring of children for exploitation. Children are often coerced, kidnapped, or sold into forced labor, sexual exploitation, or organ trafficking. This heinous crime destroys lives and violates human rights. It is a global issue affecting millions of children, requiring urgent action to prevent and combat. If falsely accused of this, it is necessary to seek legal support.

Types of Child Trafficking

Vulnerable kids can be tricked or forced into terrible situations, like being sexually abused, made to work against their will, or even sold. 

• Sexual exploitation: Sexual exploitation of children is a horrific crime that steals innocence and destroys lives. 
• Forced labor: Forced labor steals childhoods, trapping kids in dangerous jobs instead of schools, a cruel violation of their rights. 
• Begging and petty crimes: Begging and crimes include forcing youngsters to beg on the streets or conduct other crimes, such as theft.
• Children in armed conflict: War steals childhoods, forcing kids into battles, abuse, or servitude, and this is a global crisis that needs to end. 
• Child marriage: Child marriage occurs when girls are married off to third parties for money or social status, which is typically part of damaging cultural traditions.
• Illegal adoption: Babies and children are stolen from their families through lies and threats and sold for profit, a cruel crime that breaks hearts.  

Child trafficking case laws  

Child trafficking case laws are a combination of federal and state laws. Here is an overview of the legal framework and statutes:

Federal Laws:

Trafficking Victims Protection Act (TVPA):

• Enacted: 2000, with reauthorizations and amendments since then.
• Key Provisions:

1. Criminalization: Defines and criminalizes human trafficking, including the trafficking of minors for labor or commercial sexual purposes.
2. Victim Protection: Provides support and protection for trafficking victims, including eligibility for certain types of visas.
3. Prevention and Training: Funds and promotes efforts to prevent trafficking and train law enforcement and other stakeholders.
4. Amendments: Updates to the TVPA have strengthened penalties and expanded protections.

Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act:

• Enacted: 2017
• Key Provisions:

1. Strengthens reporting requirements and protections for young athletes from sexual abuse, which includes trafficking-related exploitation.

The Justice for Victims of Trafficking Act (JVTA):

• Enacted: 2015
• Key Provisions:

1. Enhance penalties for traffickers, support victim services, and include provisions for the restitution and recovery of trafficked persons. 

Child Abuse Prevention and Treatment Act (CAPTA):

• Amended: Various updates, including those related to this.
• Key Provisions:

1. Provide funding for child abuse prevention and include provisions for identifying and reporting cases.

Federal Criminal Code 

Key Provisions:

1. Includes several sections that criminalize various forms of trafficking, including forced labor, child sexual exploitation, and related offenses.

State Laws:

Each state has its laws that address this, often building on the federal framework. State laws can vary widely in definitions, penalties, and victim services. Common elements include:

Criminal Penalties:

• States have specific statutes that criminalize and set penalties for traffickers. These laws often align with federal definitions but can have additional provisions or varying penalties.

Victim Support:

• There’s help available for survivors of trafficking. Many states offer support like housing, counseling, and legal aid to help rebuild lives. 

Mandatory Reporting:

• States often have mandatory reporting laws requiring certain professionals to report suspected cases of trafficking.

Human Trafficking Task Forces:

• Some states have established task forces or units within law enforcement agencies dedicated to combating trafficking.

Child Trafficking Charges

This is a horrible crime that carries legal implications. The charges differ based on the jurisdiction, the nature of the crime, and the victim’s age. However, some Child Trafficking Charges are:

Federal charges

• Person Trafficking: This broad allegation under the Trafficking Victims Protection Act (TVPA) includes both sex trafficking and forced labor.
• Conspiracy to Commit Trafficking: This offense relates to people who collaborate to assist .
• Sexual Exploitation of Children: This charge is specifically about the sexual abuse of minors.
• Production of Child Pornography: Child pornography is a vile crime that fuels the exploitation of children. Sharing or possessing it is illegal and morally wrong. 

State Charges

State laws differ, but typical charges include:

• Kidnapping: Kidnapping is when someone takes a child away without permission. 
• Sexual Assault: Sexual assault is when someone forces sexual contact with another person.  
• Exploitation of a Child: Exploiting a child means using them for sexual purposes to make money.  
• Child Endangerment: Child endangerment means putting a child in a situation where they could be hurt. 

Penalties

The specific penalties can vary based on factors such as:

• Age of the victim
• Nature of the exploitation
• Use of force, fraud, or coercion
• Role of the defendant
• Number of victims involved

Federal Penalties

According to the Trafficking Victims Protection Act (TVPA), sanctions include:

• Prison Sentence: Prison penalties range from ten to life, depending on the circumstances.
• Fines: $1,500,000.
• Restitution: Offenders may make reparation to victims.
• Asset forfeiture: The government may seize the assets of people implicated in child trafficking.
• Registration as a sex offender: In circumstances of sexual exploitation, offenders may be obliged to register as sex offenders.

State Penalties

State laws vary in severity, although they generally follow federal law. Penalties may include:

• Prison Sentence: Prison penalties range from a few years to life imprisonment.
• Fines: Substantial financial penalties.
• Restitution: Compensation for victims.

• Other penalties: Includes community service or probation.

Defending Against Accusations

Being accused is a serious offense with severe penalties. A solid defense is essential for preserving your reputation and independence.

Challenge the Evidence:

• Question the credibility of witnesses: If the accusation is on someone’s testimony, question their reliability, recall, or biases.
• Examine the tangible evidence: Examine tangible evidence for discrepancies or faults.
• Expose fake evidence: If evidence is fabricated or manipulated, present it to the court.

Establish an alibi:

• Document your location: Provide proof, such as time cards, receipts, or witness testimony, to demonstrate your place at the time of the alleged offense.
• Confirm your alibi: Collect as much supporting evidence as possible.

Attacking the Prosecution’s Theory:

• Identify discrepancies: Identify any discrepancies or holes in the prosecution’s case.
• Highlight the lack of evidence: Point out the shortage of evidence to back up the charges.

Build a Defense Team

• Hire an attorney: An attorney who knows about child trafficking cases is critical.
• Consider witnesses: Knowledge in relevant domains can help your defense.

Protect your reputation:

• Limit media exposure: Avoid speaking with the press without legal representation.
• Control your internet visibility: Be wary of what you share on social media.

How does our attorney Help with Accusations? 

A criminal defense attorney is crucial in defending against false child trafficking act accusations. Here’s how they can assist:

Understanding the Legal Process

• Explaining the charges: Your lawyer will explain the specific charges against you. 
• Navigating the legal system: They will walk you through the entire process, from arrest to possible trial.
• Protecting your rights: Your lawyer will make sure your rights are protected. 

Building a Strong Defense

• Investigating the case: Your attorney will conduct a comprehensive investigation to acquire evidence and refute the prosecution’s allegations.
• Challenging evidence: Your lawyer will carefully examine the evidence against you to find any mistakes or problems. 
• Creating a defense strategy: Your lawyer will make a plan to defend you based on the details of your case. 
• Negotiating with the prosecution: If suitable, they may be able to reach an agreement for a plea or reduced charges.
• Trial preparation: If your case goes to court, your lawyer will be ready to answer questions.

Child trafficking is a horrible crime that has severe effects on the victims. False charges of this kind might be equally harmful to the accused. If you find yourself wrongly accused, finding legal help is critical. An attorney can help you defend your rights, mount a solid defense against the child trafficking act, and navigate the complicated legal system. With over 50 years of combined legal experience, our attorneys at The Law Offices of SRIS, P.C. bring unparalleled knowledge and competence to every case. Contact us to get a legal defense to protect your life.