No Victim? Don’t Give Up

No Victim?  Don’t Give Up
Creative Strategies in Prosecuting Human Trafficking Cases Using Forfeiture by Wrongdoing and Other Evidence-Based Techniques
Jennifer Gentile Long, JD and Teresa Garvey, JD


The challenges presented in the course of investigating and prosecuting human trafficking cases can be daunting. Among the most common and difficult of these obstacles is the inability or unwillingness of victims to participate in the process. This reluctance may be based upon a variety of factors, including the victims’ fear, shame, distrust of law enforcement, and a real — or perceived — lack of alternatives to trafficking as a way of life. Sometimes the unwillingness of victims to participate arises from their relationships with their traffickers, who may exploit love and intimate relationships to recruit their victims. The undercurrents in such cases involve many of the same dynamics prevalent in dating, intimate partner, or sexual violence as well as child abuse. Also present, however, is the traffickers’ significant financial interest in the victims, as well as the traffickers’ increased exposure to state and federal criminal charges if detected. Accordingly, trafficking victims face enormous pressure not to engage the criminal justice system and serious negative consequences if they do choose to seek help.

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