New York Sex Trafficking Lawyer

Recently, multiple high profile celebrities have been charged with or investigated for sex crimes. While most of the accusations and charges have been for rape or sexual harassment, in an increasing number of cases the investigations are reportedly related to sex trafficking. Sex trafficking, also known as human trafficking or modern slavery, is loosely defined as the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act. This dangerous practice often relies on the use of force, fraud, or coercion to compel victims into engaging in commercial sex acts. The victims of sex trafficking can be adults or children, male or female. However, about 89% of victims are female and 75% are adult. The impact of sex trafficking on victims is profound, often resulting in physical and psychological trauma, loss of autonomy, and long-term emotional scars.

Victims of sex trafficking in New York can file personal injury lawsuits against their traffickers and demand compensation for damages resulting from the trafficking, including physical and emotional harm, lost wages, medical expenses, and pain and suffering. It's critical for survivors to seek legal representation from an experienced New York sex trafficking lawyer who can navigate the complexities of these cases and advocate for their rights in court, to help ensure they receive the justice and restitution they deserve.

Magnitude of the Problem of New York Sex Trafficking

According to the New York State Interagency Task Force on Human Trafficking, in 2021 there was a spike in the number of reported cases of human trafficking. While the statistics on human trafficking cases compiled by the Interagency Task Force includes not only sex trafficking, but also labor trafficking, the incidence of reported labor trafficking pales in comparison to the incidence of reported sex trafficking.

• Human trafficking referrals surged in 2021, reaching 344 cases referred to New York State. Note that a single case can involve multiple victims and multiple offenders.
• This figure represents the highest number of referrals since the initiation of the referral process in 2007.
• Out of the total referrals, 295 were confirmed cases, highlighting the severity of the issue.
• Among the confirmed cases, 81 were identified as labor trafficking, 207 as sex trafficking, and 7 involved both forms of trafficking.

Anti-Sex Trafficking Laws under the Penal Law

Laws against sex trafficking are part of the New York legislative framework aimed at addressing sex crimes.

Sex trafficking. Penal Law § 230.34. One of the central statutes within Article 230 is Section 230.34, which defines the offense of sex trafficking. Sex trafficking in New York encompasses various actions aimed at exploiting individuals for commercial sex acts. According to the statute, a person is guilty of sex trafficking if they intentionally profit from prostitution by employing specific methods, including:

1. Administering drugs or substances to impair judgment.
2. Making false statements to induce or maintain prostitution activity.
3. Withholding or confiscating identification documents to restrict freedom of movement.
4. Demanding prostitution to retire or service a debt.
5. Using force or coercion to compel or induce prostitution activity, including threats of harm, property damage, legal consequences, or reputational harm.

The statute outlines affirmative defenses for certain actions, provided they were done to rectify a perceived wrongdoing and the defendant reasonably believed the threat was true. Additionally, it includes provisions for using or abusing one's position as a public servant to engage in sex trafficking.

Sex trafficking under this statute is classified as a class B felony, reflecting the severity of the offense.

Note that oftentimes prostitution is an integral part of sex trafficking. Prostitution, as defined by Penal Law § 230, occurs when an individual engages in, agrees to, or offers to engage in sexual conduct with another person in exchange for a fee. This encompasses various acts of sexual activity exchanged for compensation. However, with sex trafficking, coercion is typically involved.

Sex trafficking of a Child. Penal Law § 230.34. Sex trafficking of a child is defined by New York law as the intentional advancement or profiting from the prostitution of a person under the age of eighteen by an individual aged twenty-one or older. Notably, the defendant's knowledge of the child's age is not a requirement for this offense, nor is it a valid defense if the defendant claims ignorance of the child's age or mistakenly believes the child to be eighteen or older. Advancing prostitution entails engaging in conduct with the intent to facilitate an act or enterprise of prostitution, irrespective of whether the defendant is directly involved in the act of prostitution. Similarly, profiting from prostitution involves accepting or receiving money or other property with the intent to facilitate prostitution, even if the defendant is not personally engaged in providing prostitution services. It is a class B felony.

Enforcement. Enforcement Mechanisms Effective enforcement of New York's sex trafficking laws relies on a coordinated effort involving law enforcement agencies, prosecutors, and victim advocates. Specialized units, such as the Human Trafficking Response Unit within the New York City Police Department, play a vital role in investigating and prosecuting sex trafficking cases.

In addition to facing significant prison time, those found guilty of sex trafficking or sex trafficking of a child will be required to register as a sex offender under the Sex Offender Registration Act.

Civil Action for Victims of Sex Trafficking

Victims of sex trafficking have the right to hold their abusers accountable by filing civil lawsuits and demanding compensation. By providing a private right of action, victims who have endured wrongful harm can seek compensation directly from the individual responsible for their suffering. This empowers victims by affording them the opportunity to pursue their cases independently, even in situations where the state may choose not to pursue criminal charges. If you or someone you care about is the victim of sex traffickers, immediately contact an experienced New York sex trafficker lawyer at Stephen Bilkis & Associates.

Victims of sex trafficking who prevail in a civil lawsuit may be entitled to various forms of compensation to help them rebuild their lives and recover from the harm they have suffered. These damages can include:

• Economic Damages: Economic damages compensate victims for financial losses resulting from the trafficking, such as medical expenses, counseling costs, lost wages, and future earning capacity.
• Non-Economic Damages: Non-economic damages compensate victims for intangible losses, such as pain and suffering, emotional distress, mental anguish, and loss of enjoyment of life.
• Punitive Damages: In cases involving particularly egregious conduct, victims may be awarded punitive damages to punish the trafficker and deter similar misconduct in the future.

The amount of compensation awarded in a sex trafficking lawsuit will depend on various factors, including the severity of the harm suffered by the victim, the egregiousness of the defendant's conduct, and the evidence presented during the trial.

Statute of Limitations for Civil Claims

It is important for victims of sex trafficking to be aware of the statute of limitations for bringing a civil lawsuit, as failing to file a claim within the applicable time frame can result in the loss of their right to seek compensation. In New York, the statute of limitations for filing a civil action for sex trafficking is governed by Section 212(e) of the New York Civil Practice Law and Rules.

According to this section, victims of such crimes can commence an action within fifteen years after the victimization occurs. Importantly, the fifteen-year period does not begin to run and is tolled during any period in which the victim continues to be subjected to such conduct. This provision recognizes the unique circumstances faced by victims of trafficking and allows them sufficient time to pursue legal recourse against their perpetrators. NY CPLR § 212(e) (2022). If you are concerned about whether you still have time to file a lawsuit against those who victimized you, contact an experienced sex trafficking attorney in New York.

Notable New York Sex Trafficking Criminal and Civil Cases

The following include notable criminal as well as civil New York sex trafficking cases.

• Arthur Dawson. In early 2023, Arthur Dawson, referred to as a “pimp,” was sentenced to over 50 years in prison for a variety of sex crimes including sex trafficking of minors. Quoted in a New York Post article, DA Bragg described Dawson as “among the most violent traffickers this Office has ever prosecuted.”
• Sean Combs settlement. As reported by NBC News and other media outlets, in November 2023, R&B Singer Casandra Ventura filed a lawsuit against Sean Combs accusing him of rape, sex trafficking, and violence. She alleged that he frequently beat her and forced her to have sex with male prostitutes. Combs denied the allegations. Shortly after Ventura filed the lawsuit, Combs settled with Ventura for an undisclosed amount that is estimated to be at least $10 million.
• JPMorgan Chase. In one of the biggest sex trafficking cases in U.S. history, JPMorgan Chase reached a $290 million settlement with nearly 200 victims of Jeffrey Epstein. Epstein was accused of luring girls to his mansion to give massages, but the massages turned out to be sexual in nature. He paid the girls in cash. To maintain his “supply” for girls, he also asked the girls to recruit other girls and he also paid his staff to recruit girls. The lawsuit accused Chase of facilitating Epstein’s sex trafficking scheme for years. Evidence was produced that because Epstein was a valuable client, Chase ignored internal warnings about Epstein’s criminal activities.
• Abiodun Adeleke. In 2020, Abiodun Adeleke was sentenced to 25 years in prison for sex trafficking. According to a reporting in the Patch, Adeleke kept victims under his control by providing them with narcotics, using threats, and being physically violent with them. He also forced victims to work to pay off supposed “debts.”
• People v. Grant-Byas, No. 2022-00137 (N.Y. App. Div. Jan. 11, 2022). In a 2016 case, the Supreme Court in New York convicted the defendant of sex trafficking and promoting prostitution, sentencing him to 14 to 42 years. The case focused on the defendant's use of force to compel individuals into prostitution.

Contact Stephen Bilkis & Associates

Victims of sex trafficking in New York have the right to seek justice and compensation through the civil lawsuits. With the assistance of a dedicate sex trafficking attorney serving New York at Stephen Bilkis & Associates, victims can navigate the complexities of the legal process and pursue accountability for their traffickers. New York's laws against sex trafficking provide victims with powerful legal tools to hold traffickers accountable and obtain compensation for the harm they have suffered. By bringing civil lawsuits against their traffickers, victims can assert their rights, seek compensation, and begin the process of healing and recovery. It is essential for victims of sex trafficking to be aware of their legal options and to seek the assistance of a legal representation who can advocate on their behalf and help them obtain the justice they deserve. Contact us today at 800.696.9529 to schedule a free, no obligation consultation. We represent clients in the following locations: Nassau County, Queens, Manhattan, Long Island, Brooklyn, Suffolk County, Westchester County, Staten Island, and Bronx.

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