In 2000, the United States Congress passed the Victims of Trafficking and Violence Protection Act (TVPA), in answer to the growing problems of domestic and international trafficking. The TVPA focuses on three aspects used to combat human trafficking: prevention of the crime, prosecution of the trafficker, and protection for victims. Under this law, the U.S. Department of Health and Human Services can “certify” international human trafficking victims as trafficked persons. Once certified, victims are eligible for physical and mental health services, housing, food stamps, educational and vocational programs, as well as legal services and translation services. Victims of the more severe forms of international trafficking may also be granted a T-visa, which allows them to remain in the U.S. for three years and offers them the protection of its laws. After three years, the victim may apply to adjust their status to become a lawful permanent resident.
Domestic trafficking, on the other hand, lacks the same comprehensive system that the TVPA provides to victims of international trafficking. Currently, there is no assistance available for domestic victims under the TVPA. However, on December 23, 2008, the TVPA was reauthorized. Even though the reauthorization still does not provide assistance for domestic victims, it added a few provisions that make prosecution of trafficking offenders easier for domestic victims and others. The Act now includes a new trafficking-specific conspiracy statute which prohibits peonage, enticement into slavery, forced labor, trafficking, sex trafficking, and domestic servitude. The Act also includes a new provision penalizing those who knowingly benefit from participating in a venture that engaged in trafficking. Previously, only the sex trafficking statute contained such a provision. The TVPA also strengthens the crime of sex trafficking of a minor by eliminating the knowledge-of-age requirement in certain instances. Previously, proof was required that victim was a minor. However, the new legislation only requires that the defendant had a reasonable opportunity to observe the minor. Further, the government was previously required to prove that the defendant actually knew that force, fraud, or coercion would be used to cause a person to engage in a commercial sex act. However, the new statutory language only requires that the defendant acted in reckless disregard of the fact that such means would be used.
