Criminal Justice Advocacy for Survivors of Trafficking

This course explores how survivors of human trafficking interact with the criminal justice system, most frequently by virtue of their own arrest and prosecution. Practitioners will learn the importance of criminal justice advocacy for survivors and victims of trafficking, including criminal record reviews and post-conviction relief.

Specifically, the course charts the national effort to draft, pass, enact and implement vacatur laws allowing survivors to petition to clear prior criminal records and the critical importance of such laws to survivor empowerment.

Finally, lawyers – defenders, civil legal services organizations and pro bono partners – will learn how to creatively use these innovative laws to attain a crucial form of justice for survivor clients and ameliorate the harmful impact of criminalization.

Learning Objectives:

I.     Become familiar with working definitions of human trafficking in the U.S. and relevant statutes

II.    Understand how victims of human trafficking are frequently arrested and prosecuted for conduct in which they were compelled to engage

III.   Identify the specific ways in which criminalization can harm survivors and victims of trafficking, including preventing access to education, housing, and employment

IV.   Explore innovative laws being enacted across the country offering post-conviction relief in the form of vacatur of prior convictions for survivors of trafficking

V.     Learn best practices for attorneys seeking to represent survivors of trafficking in post-conviction cases, including how to work with survivors of trauma, gather corroboration, and navigate concerns around privacy and law enforcement involvement

VI.    Map potential areas for partnership and collaboration – particularly with respect to opportunities for pro bono attorneys to work with defenders, service providers and other advocates