Sex trafficking is a serious charge that can derail your future – even if you are not convicted. In fact, false accusations for sex crimes are more common than you may realize. When you have a better understanding of the sex trafficking charge against you, you will be better prepared to protect yourself moving forward.
When it comes to a charge this serious, it is important to bring your strongest defense, and for that, you need the professional legal counsel of an experienced Killeen sex trafficking lawyer on your side.
Sex Trafficking: The Statistics
The National Human Trafficking Hotline (NHTH) reports that “human trafficking is a form of modern slavery that occurs in every state, including Texas.” Since NHTH began in 2007, it has identified 7,804 human trafficking cases that involved 19,051 victims. In a recent year, NHTH received more than 3,500 reports of human trafficking in Texas, and 1,124 were from victims.
This hotline receives tips and reports about sex trafficking, labor trafficking, and trafficking that involves both. Sex trafficking, however, is the most common. Sex trafficking can include all of the following venues – from most common to least:
Illicit massage and spa businesses
Hotel- and motel-based business
Residence-based commercial sex
Pornography
Online ads, venue unknown
Escort and delivery services
Street-based trafficking
Hostess- and strip-club-based trafficking
Bars and clubs
Truck-stop-based trafficking
Sex trafficking refers to one person forcing another into the sex industry, and the most vulnerable by far are women and children.
How Sex Trafficking Plays Out
Both sex and labor trafficking typically occur when someone in a position of authority, power, or trust coerces or pushes someone else into working in the sex industry or into another form of forced labor. While strangers are sometimes behind sex trafficking, it is more common for one of the following people to be the driving force:
A romantic partner
A business owner
A family member
A community leader
Those in charge tend to manipulate their victims with false promises or direct force. While sex trafficking is always a serious crime, it becomes more so when the victim is a child – who doesn’t have the capacity to consent to sex.
Sex Trafficking Is Both a State and Federal Crime
The crime of trafficking involves kidnapping, which makes it a federal charge. This designation means that sex trafficking can be charged as both a state and federal crime, which amplifies the severity of the charge. Federal trafficking charges tend to focus on the following offenses:
Transporting someone against his or her will from one state to another
Forcing someone to pay off debts through sex work
Destroying or confiscating another person’s travel documents, such as when the victim is from a foreign country
State sex trafficking charges in Texas include the following offenses:
Deriving benefits from or participating in any sexual acts or activity that involves a minor
Subjecting a trafficking victim to prostitution, illegal pornography, or sexual abuse that is ongoing
All sex trafficking charges are serious and should be faced with the help of skilled legal advisors. Contact a Killeen criminal defense attorney today to get guidance for your case.
False Accusations of Sex Trafficking
Sex trafficking is a serious legal concern that harms thousands of people each year, but false accusations are by no means unheard of. In fact, The Guardian shares a shocking report about a young English woman who is spending eight and a half years behind bars after spreading lies about being raped and trafficked by what she said was an Asian grooming gang.
The woman was convicted in 2023 of nine counts of “perverting the course of justice.” The judge in her case called her allegations “complete fiction.” Consider these details surrounding the woman's case:
During the pandemic lockdown in May of 2020, the woman posted alarming pictures of herself – depicting a black eye, dramatic bruising, and a partially severed finger – on Facebook. Her story was that “evil yet clever” Asian men had forced her to attend “sex parties.” Her injuries were later determined to be self-inflicted.
Her allegations went viral and sparked a worldwide solidarity campaign dubbed Justice for Ellie that was 100,000 members strong. This movement led to rallies throughout the UK, as well as branded merchandise featuring a purple elephant. To top things off, the police were alleged to have covered up the wrongdoing.
The police recorded more than 150 crimes in the young woman’s community following her accusations that were directly related to her case. These included harassment, criminal damage, and offenses against public order. In fact, hate crimes tripled in the area in the summer of 2020.
Ultimately, the young woman made false rape claims against three young men – whom she barely knew – but saved her harshest allegation for a 43-year-old businessman from Pakistan whom she had met briefly at a party. Her story held that he was the head of an international gang of groomers who not only had sex with her at the age of 12 or 13 but also trafficked her and other young girls throughout England and abroad.
The young woman used six mobile phones to create fake identities and manipulate the social media accounts of some of the men she falsely accused.
The falsely accused men suffered serious social scorn – and worse – and some spent time in jail before the woman’s accusations were proven false.
In other words, sex trafficking charges can take on a life of their own, and arming yourself with legal representation from the outset is always the best course of action.
Penalties in Texas
The fines and penalties for sex crimes, including sex trafficking, in the State of Texas are especially harsh.
Misdemeanors
Crimes like public lewdness, first-time prostitution, and indecent exposure are misdemeanors and, depending upon the severity of the crime, carry the following penalties:
A Class C misdemeanor is a fine-only charge that carries fines of up to $500.
A Class B misdemeanor carries jail time of up to 180 days and fines of up to $2,000.
A Class A misdemeanor carries jail time of up to a year and fines of up to $4,000.
While it is true that misdemeanors are less serious charges than felonies, they come with harsh penalties and social consequences that can be extremely difficult to shake.
Felonies
Sex crimes that are classified as felonies include indecency with a child, sexual assault, aggravated sexual assault, and sex trafficking. The severity of the crime dictates the degree of the charge. Felony charges in Texas break down as follows:
A state jail felony carries fines of up to $10,000 and a jail sentence of up to 2 years.
A third-degree felony carries fines of up to $10,000 and a prison sentence of 2 to 10 years.
A second-degree felony carries fines of up to $10,000 and a prison sentence of 2 to 20 years.
A first-degree felony carries fines of up to $10,000 and a prison sentence of 5 to 99 years.
Anyone who is convicted of a sex crime in Texas is also required to register as a sex offender, which can have far-reaching consequences.
Sex trafficking charges involving adult victims are classified as second-degree felonies in Texas. When the victim is a child, however, the crime is elevated to a first-degree felony, which can lead to a life sentence. If you’re convicted of sex trafficking in the State of Texas, it means being included in the sex offender registry for the rest of your life.
Your Rights If You Are Charged with Sex Trafficking
If you have been charged with sex trafficking, it is important to keep in mind that you have important constitutional rights. The sooner you invoke these rights, the better protected you will be, which can have a profound impact on the outcome of your case.
The Right to an Attorney
Upon arrest, the police are required to read you your Miranda rights, including the right to an attorney and the right to remain silent. The best policy by far is providing the police with basic identifying information about yourself and then asking for an attorney.
With practiced legal guidance in your corner, you can proceed with the peace of mind that comes from knowing you are in good legal hands. Your attorney will ably handle all of the following primary tasks – each of which can play a significant role in the outcome of your case:
Gathering all the available evidence – including everything that the police and state have – and thoroughly vetting it
Helping you navigate the complex criminal justice system without making the all-too-common errors that all-too-often trip defendants up, including making statements that go on to incriminate them
Building your strongest defense in a manner that makes it very difficult for the prosecution to deny
Ferreting out any denial of your rights, such as if you were not Mirandized or if the police engaged in any illegal search and seizure, which can lead to evidence against you being thrown out
Skillfully communicating with the prosecution in an effort to have the charge against you dropped and, barring that, negotiating an advantageous plea deal – as applicable
While making a plea deal can be an effective tool that may reduce the charge against you and limit the fines and penalties you face, it is still an admission of guilt, which comes with serious consequences. Your case will be unique, and you and your seasoned Killeen sex trafficking attorney will make the right decisions for your unique circumstance.
The Right to Remain Silent
You have the absolute right to remain silent in relation to your criminal case, and this means that you are not required to answer any questions asked of you by the police or investigators. In fact, it is in your best interest not to answer them.
Once you let the authorities know that you want an attorney and that you will not be answering any questions, it is time to stop talking. If you continue to speak, anything you say can and – if it is at all incriminating – most certainly will be used against you.
This right to remain silent also extends to include these rights:
You are not required to answer questions in court.
You are not required to testify in your defense.
The Police Are Not Strictly Required to Tell You the Truth
The police are not strictly required to tell those in their custody the truth. Just because you are told that the prosecution has irrefutable evidence that proves your guilt or an unimpeachable witness who saw you in the act does not mean that it is true. Further, any claim that things will be easier for you if you tell them the truth is a ploy to get you to start talking out of desperation.
It is always in your best interest to simply let the police know that you want an attorney and to remain silent from that point on. At this juncture, the police are required to stop hammering you with questions and come-ons, but regardless of what they do, you should put your right to remain silent into immediate effect.
It's Time to Consult with an Experienced Killeen Sex Trafficking Defense Attorney
Brett Pritchard at The Law Office of Brett H. Pritchard is a formidable Killeen sex trafficking defense attorney who dedicates his uniquely impressive practice to skillfully defending the rights of clients like you – in focused pursuit of favorable claim resolutions.
Our knowledgeable legal team will spare no effort in their quest to help you, and we encourage you to reach out for more information by contacting us online or calling us at (254) 781-4222 to schedule a FREE consultation today.