Anyone who procures, transports, receives, holds, transfers, conceals, or harbors another person may be charged with human trafficking. Charges may also be brought against anyone who directs, controls, or influences the actions of another person in order to exploit them for forced labor or sexual purposes, or who aids their exploitation for such purposes. Charges for transporting or pimping women are examples of trafficking-related offences. Trafficking happens frequently in forced prostitution, but it can also happen in domestic or agricultural employment.
It is crucial to hire a criminal defence attorney with specific experience trying such cases if you have been accused of human trafficking or a related offence. Kisel Law criminal defence attorneys have a plethora of collective expertise, as well as the tools required to successfully represent clients in difficult legal situations like human trafficking trials.
What Charges May Be Imposed for Human Trafficking?
Depending on the exact allegation, whether it contains other offences or a person under the age of 18, and whether it involves a secondary offender, the potential penalties for human trafficking offences vary dramatically.
A summary election or an indictment can be used to pursue some offences, such as withholding or destroying documents or drug trafficking, at the low end. According to Criminal Code section 787(1), the maximum penalty for a summary prosecution is two years, one day, or a fine of up to five thousand dollars, whichever comes first. The maximum sentence under an indictment is five years in prison. Some offences are only subject to indictment-based prosecution.
The most severe penalty is a life sentence for trafficking in a person under the age of 18 when it’s coupled with a secondary offence.
Mandatory minimum sentences are also applicable to several trafficking offences. While some of these continue to be in force, others have been deemed to be unconstitutional. Which possible punishments could be appropriate in your circumstance can be explained to you by a criminal defence attorney.
What can Human Trafficking Allegations involve under the Criminal Code?
Under the Criminal Code, claims of human trafficking can result in a wide range of offences, including:
Trafficking in individuals
Trafficking in minors ( those under the age of 18)
Receiving monetary or other material gains with the intent to engage in or facilitate human trafficking, including prostitution
Keeping someone dependent on you by stealing their driver’s license, passport, or other identification is an example of withholding or destroying a person’s identity documents with the intent to engage in or facilitate the trafficking of that person (adult victim or child victim).
These crimes are meant to broadly include everyone who might be implicated in human trafficking.
What are Human Trafficking-related offences?
Depending on the situation, police and prosecutors might additionally file charges for further criminal offences under the Criminal Code, such as:
- Kidnapping
- Imprisonment under pressure
- Aggressive threats
- Extortion
- Assault
- Sexual abuse
- Severe sexual assault
- Offences connected to prostitution
- Offences connected to organized crime
Charges can have major consequences and result in lengthy prison sentences. Criminal defence attorneys with experience in human trafficking are needed to defend these cases.
Consult a criminal defence lawyer as soon as possible if facing charges related to human trafficking. Kisel Law criminal defence attorneys routinely represent clients in contentious matters involving human trafficking and associated issues. We know how to present a strong defence in the most effective way.
Why seek Professional Assistance from a Criminal Defence Lawyer?
Canada has strict legislation in place to combat human trafficking, which is seen as a source, transit, and destination. Kisel Law’s criminal defence lawyers are ready to fight for your freedom. To help our clients and make sure they have someone by their side to defend their rights, our defence attorneys will go anywhere in Canada. To schedule a free consultation, call (289) 835-3465 or feel free to send an email to us to [email protected].
1. What is human trafficking and how does it happen?
Human trafficking is the illegal trade of humans for purposes such as forced labor, sexual exploitation, and involuntary servitude. It can occur through various methods, including abduction, coercion, or deception, where victims are manipulated or forced into exploitative situations. If you suspect someone is a victim of human trafficking, it’s important to seek legal assistance immediately.
2. What are the signs of human trafficking I should look out for?
Signs of human trafficking include individuals who appear fearful, anxious, or controlled by another person, as well as those who show signs of physical abuse or neglect. Victims may be isolated, lack personal identification, or have no freedom of movement. Recognizing these signs can help protect vulnerable individuals from exploitation.
3. How can Kisel Law help with human trafficking cases?
Kisel Law offers expert legal representation for victims of human trafficking. Our experienced attorneys provide comprehensive legal support, from filing civil claims to helping victims navigate the criminal justice system. We are dedicated to ensuring justice for those affected by human trafficking and providing a path to recovery.
4. What legal actions can be taken against human traffickers?
Human traffickers can face serious criminal charges, including kidnapping, fraud, and sexual exploitation. In some cases, victims may also pursue civil lawsuits against traffickers for damages. Kisel Law works closely with law enforcement and victims to build strong legal cases and hold traffickers accountable for their actions.
5. Can human trafficking victims sue for damages in a civil court?
Yes, human trafficking victims can pursue compensation for physical and emotional damages through civil lawsuits. These lawsuits can include claims for pain and suffering, lost wages, and medical expenses. At Kisel Law, we assist victims in securing justice and fair compensation to support their recovery.