Survivors of sex trafficking have legal rights that go beyond what many people realize. Federal and California law provide civil remedies that allow survivors to pursue accountability and compensation — not just from individual traffickers, but from businesses, institutions, and online platforms that knowingly participated in or benefited from trafficking activity.
Wilshire Law Firm represents survivors of sex trafficking in California. Our attorneys handle these cases with complete confidentiality and the sensitivity they require.
If you are in immediate danger, call 911. If you need confidential support, contact the National Human Trafficking Hotline at 1-888-373-7888 (call or text) or text “HELP” to 233733.
Civil Legal Rights for Survivors of Sex Trafficking
Many survivors of sex trafficking are not aware that civil legal claims exist separately from any criminal case. A criminal prosecution — when it occurs — is brought by the government. A civil claim is brought by the survivor, on their own behalf, to seek compensation for the harm they suffered. The two proceedings are independent.
California and federal law provide survivors with the tools to pursue civil justice:
Federal Law: The Trafficking Victims Protection Act (TVPA)
The federal Trafficking Victims Protection Reauthorization Act (18 U.S.C. § 1595) creates a private civil right of action for survivors of sex trafficking. Under § 1595, a survivor can bring a civil lawsuit against:
- The trafficker — the individual who recruited, harbored, transported, or maintained the survivor through force, fraud, or coercion for the purpose of a commercial sex act
- Third-party beneficiaries — businesses and institutions that knowingly benefited from participating in a venture that engaged in trafficking, knowing or in reckless disregard of the trafficking
The third-party beneficiary provision is significant. It has been applied in cases involving hotels that rented rooms while aware of trafficking activity, websites that facilitated the advertisement of commercial sex, and other businesses that participated in or enabled the trafficking enterprise.
California Law: Additional State Civil Remedies
California Penal Code § 236.1 defines sex trafficking and provides criminal penalties. California also provides civil remedies under California Civil Code § 52.5, which allows trafficking survivors to bring civil claims for damages including special damages, general damages, and punitive damages. California law can provide recovery beyond what federal law alone permits.
FOSTA-SESTA and online platform liability: The federal Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA-SESTA), enacted in 2018, modified federal law to allow civil claims against online platforms that knowingly facilitated sex trafficking. This opened new avenues of accountability for survivors whose trafficking involved online advertisement or solicitation.
Who Can Be Held Liable in a California Sex Trafficking Civil Case?
Civil sex trafficking cases can be brought against a range of defendants beyond the individual trafficker:
Hotels and hospitality businesses — Hotels and motels that rented rooms while aware of trafficking activity on their premises have faced significant civil liability in California and nationwide. Signs of trafficking — unusual room occupancy patterns, do-not-disturb signs left for extended periods, multiple visitors, cash payments — put hospitality businesses on notice.
Online platforms — Prior to FOSTA-SESTA’s enactment, certain online classified platforms that knowingly facilitated trafficking advertisement faced substantial civil exposure. FOSTA-SESTA clarified that such platforms can be held accountable under federal law.
Transportation companies — Businesses that transported trafficking victims while aware of the exploitation may face civil liability.
Other commercial beneficiaries — Any business that knowingly participated in a venture that engaged in trafficking and benefited from that participation may face civil exposure under § 1595.
What Damages Can Survivors Recover?
Survivors of sex trafficking can seek compensation for:
- Medical expenses — including costs of emergency care, treatment for physical injuries, reproductive health care, and long-term care
- Psychological and psychiatric treatment — therapy, counseling, and mental health services required as a result of the trafficking
- Lost wages and earning capacity — income lost during the period of trafficking and diminished future earning capacity
- Pain and suffering — physical and emotional harm caused by the trafficking experience
- Punitive damages — available in cases involving particularly egregious conduct to punish the responsible parties
- Attorney’s fees — the TVPA allows successful plaintiffs to recover reasonable attorney’s fees
Confidentiality and Your Privacy
Wilshire Law Firm understands that pursuing a legal claim for sex trafficking requires complete trust in the confidentiality of the process. Our attorneys handle these matters with the highest degree of discretion.
Consultations are completely confidential. You are not required to share details of what happened until you are ready. We will explain the legal process clearly and at a pace that respects where you are.
In some circumstances, court procedures are available to protect a survivor’s identity during litigation. An attorney can explain what privacy protections may be available in your specific case.
The Civil Claim Is Independent of Any Criminal Case
A survivor’s ability to bring a civil claim does not depend on whether criminal charges were filed or resulted in a conviction. The civil standard of proof — preponderance of the evidence, meaning more likely than not — is lower than the criminal standard of beyond a reasonable doubt. A survivor can pursue a civil claim even if criminal charges were never brought, are currently pending, or resulted in acquittal.
Why Choose Wilshire Law Firm
Wilshire Law Firm represents survivors of serious civil wrongs, including sexual abuse and institutional misconduct, throughout California. We handle sex trafficking civil cases on a contingency fee basis — no fees unless you get paid. There are no upfront costs to pursue your claim.
→ See also: Sexual Abuse Lawyer California | Childhood Sexual Abuse Lawyer | Doctor Sexual Abuse Lawyer
Frequently Asked Questions
Do I need to have reported the trafficking to law enforcement to file a civil claim?
No. A civil claim under the TVPA and California law is independent of any law enforcement report or criminal proceeding. You can pursue a civil claim regardless of whether the trafficking was ever reported criminally.
Can I file a claim against a hotel where the trafficking occurred?
Potentially yes. Hotels and other hospitality businesses that knowingly benefited from trafficking activity while aware of the situation have faced substantial civil liability under § 1595. An attorney will evaluate the specific facts to determine whether third-party liability applies.
Will my name be made public if I file a civil case?
In many cases, privacy protections are available to trafficking survivors in civil proceedings. An attorney can explain the specific protections that may apply in your case and take steps to preserve your confidentiality.
Does Wilshire Law Firm charge upfront fees?
No. Wilshire Law Firm handles sex trafficking civil cases on a contingency fee basis — no fees unless you get paid.
Contact Wilshire Law Firm
If you are a survivor of sex trafficking in California and would like to understand your legal options, contact Wilshire Law Firm for a free and confidential consultation.
No fees unless you get paid. Available 24/7.
