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Texas lawmakers push to protect trafficking survivors from prosecution

September 16, 2024 | Committee on Criminal Jurisprudence, HOUSE OF REPRESENTATIVES, Legislative, Texas


This article was created by AI summarizing key points discussed. AI makes mistakes, so for full details and context, please refer to the video of the full meeting. Please report any errors so we can fix them. Report an error »

Texas lawmakers push to protect trafficking survivors from prosecution
In a recent government meeting, Texas lawmakers and advocates discussed critical reforms aimed at protecting survivors of human trafficking and domestic violence from unjust criminalization. The focus was on evaluating the state's penal code, particularly the definition of duress as an affirmative defense for victims who commit crimes under coercion from their abusers.

Ross Jackson, a policy analyst from the Texas Public Policy Foundation, highlighted alarming statistics, noting that in 2023, the national human trafficking hotline identified 1,723 victims in Texas, predominantly from sex trafficking. He emphasized that many victims, particularly women and minors, are often prosecuted for crimes committed while being trafficked. Jackson advocated for broadening the definition of duress to include psychological and emotional harm, arguing that the current standard, which requires proof of imminent death or serious bodily injury, is too restrictive and fails to account for the complexities of coercion faced by victims.

Lillian Garvin from the Lone Star Justice Alliance shared a poignant case study of a young trafficking survivor, Sarah, who was convicted of aggravated robbery at just 15 years old while being exploited. Garvin stressed the need for legal reforms that would allow juries to consider the full context of a victim's experiences, including their histories of abuse, to prevent wrongful convictions.

Mike Sweeney, a former law enforcement officer, echoed these sentiments, calling for a shift in how the legal system perceives victims of trafficking. He noted that many victims are coerced into committing crimes and that the current legal framework does not adequately protect them. Sweeney suggested that the definition of duress should be expanded to encompass coercion and trauma bonding, which often complicates victims' relationships with their traffickers.

The meeting also addressed the importance of education and training for law enforcement and other professionals to recognize signs of trafficking and understand the psychological dynamics at play. Several participants emphasized the need for proactive measures to identify and support victims before they become entangled in the criminal justice system.

As discussions continue, advocates are hopeful that Texas will take significant steps to reform its laws, ensuring that survivors of trafficking and domestic violence are treated with dignity and provided with the necessary protections against criminalization.

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