Congressman Russell Fry (SC-07) Reintroduces the Trafficking Survivors Relief Act
Washington, D.C. - Today, Congressman Russell Fry reintroduced the Trafficking Survivors Relief Act, along with Reps. Ted Lieu (D-CA), Ann Wagner (R-MO), and Robert Garcia (D-CA). This legislation would provide federal criminal record relief to survivors of human trafficking who committed a non-violent offense as a direct result of having been a victim of trafficking.
Human trafficking remains a widespread crisis across our country. Traffickers often force or coerce their victims into committing crimes such as financial fraud, drug-related offenses, and identity theft. As a result, many trafficking survivors face arrest, conviction, and incarceration—often without recognition of their victim status.
At the outset of a prosecution, this legislation would establish an affirmative defense to provide survivors with the opportunity to defend against only those charges that arose directly from their trafficking victimization. It would provide critical relief for survivors who have already been convicted as a result of their trafficking victimization through vacatur, expungement, and sentencing mitigation.
Specifically, for a court to grant a motion to vacate a conviction or expunge an arrest, a defendant must show by a preponderance of the evidence that the offense was committed as a direct result of having been a victim of trafficking. Additionally, the defendant must establish, by clear and convincing evidence, that the defendant was a victim of human trafficking at the time the offense was committed.
“I’m proud to reintroduce the Trafficking Survivors Relief Act, which would provide much-needed relief to survivors and their families,” said Congressman Russell Fry. “Victims of human trafficking are often forced to engage in criminal activity, leaving them with a federal criminal record. As a result, basic needs such as renting an apartment and getting a job can be impossible for these victims. This legislation would break the cycle and give survivors the ability to move forward.”
“Surviving human trafficking is already traumatic enough, our legal system should not be making it harder to heal,” said Congressman Ted Lieu. “Survivors should not have to go through life with a criminal record because of actions from when they were being trafficked. Being prosecuted and possibly convicted only exacerbates a survivor's trauma and makes it more difficult for them to rebuild their lives. It is time we treat survivors with compassion and understanding.”
“For too long, victims of human trafficking have remained trapped in a cycle of exploitation through no fault of their own,” said Congresswoman Ann Wagner. “Traffickers often coerce vulnerable individuals into committing crimes against their will, cutting them off from vital support services that can help them escape their abuse. That’s why I am proud to join Congressman Fry in reintroducing the Trafficking Survivors Relief Act, a crucial piece of legislation that will ensure survivors of this horrific crime have the opportunity to start a new, and free, life.”
“When victims of human trafficking commit offenses as a direct result of their abuse, our court system must take that into account when sentencing, especially when offenses are non-violent,” said Congressman Robert Garcia. “That is why I’m honored to co-lead the Trafficking Survivors Relief Act. We must ensure victims of trafficking are treated with compassion so they can recover and rebuild their lives.”
The Trafficking Survivors Relief Act is supported by South Carolina Attorney General Alan Wilson, 3Strands Global Foundation, the Asian American Hotel Owners Association, CPAC, Engage Together, Hope for Justice, Hollie Nadel – Survivor Leader, Justice Restoration Center, Major County Sheriffs of America, National Center on Sexual Exploitation (NCOSE), PACT, Paving the Way Foundation, Pearl at the Mailbox, Raven, Rights4Girls, Shared Hope International, Street Grace, The Moore & Van Allen Human Trafficking Pro Bono Project, Thistle Farms, UPS Foundation, and World Without Exploitation.
Congressman Fry serves on both the House Energy and Commerce Committee and the House Judiciary Committee. To stay up to date with Congressman Fry and his work for the Seventh District, follow his official Facebook, Instagram, and X pages and visit his website at fry.house.gov.
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