Human trafficking, specifically the trafficking of children, is a crime that has been getting more and more attention in the media. This means law enforcement agencies are spending more time investigating these cases, and prosecutors are bringing more charges against human traffickers.
An increased spotlight on human trafficking crimes comes with the risk of overreach by law enforcement and overtly zealous conduct on the prosecution’s behalf. Without a qualified criminal defense attorney on your side, you risk being made into an example and the potential loss of your right to a fair trial.
Strictly defined, human trafficking is the criminal act of transporting or forcing people in order to benefit from their work or service, typically in the form of forced labor or sexual exploitation.
Under Wisconsin law, human trafficking is defined as recruiting, enticing, providing or transporting an individual without his or her consent for the purposes of labor or a commercial sex act, and doing so by employing anyone from a long list of methods, including:
It is not only the person who allegedly does the trafficking who can be charged with human trafficking; anyone who benefits in any way from human trafficking can also be charged with it if they knew they were benefitting from human trafficking.
Here are some of the most common questions clients ask the federal criminal defense lawyers at our law firm about human trafficking charges in Madison or anywhere else in Wisconsin.
Human trafficking investigations can involve local or state police or federal law enforcement agencies, such as the Federal Bureau of Investigation or Customs and Border Protection. Law enforcement agencies at all levels may also work in task forces to identify and investigate human trafficking operations. Investigations can involve:
Law enforcement officials may run ongoing operations to locate human trafficking rings, or they may launch investigations in response to reports of suspected human trafficking. Human trafficking investigations can involve a long, complex process. As a result, an individual who becomes a person of interest or a suspect in an investigation should seek counsel from a criminal defense law firm to best protect their legal rights and interests.
Yes. Both Wisconsin and federal human trafficking statutes prohibit activity besides the act of physically transporting a person. For example, Wisconsin law focuses on the various means by which a perpetrator can force a victim into trafficking, such as causing physical or financial harm, threatening, restraining, confiscating or destroying identity documents, extorting, deceiving, or using debt bondage. The federal human trafficking statute also encompasses activity such as recruiting, harboring, or furnishing a person for trafficking into labor or services. Thus, individuals involved in other aspects of a human trafficking scheme can also face prosecution at the state or federal level.
A person can face human trafficking charges under Wisconsin or federal law. A person may face prosecution under Wisconsin criminal law in Madison for trafficking individuals within the state. However, human trafficking that occurs across state or national borders typically results in federal charges.
If you’re facing prosecution for human trafficking in Madison, Wisconsin, an attorney from our law firm may help you prepare various defenses against the government’s allegations. Some potential defense strategies for a human trafficking case include:
In certain circumstances, you may face sex offender registration requirements if the offense for which you were convicted involved minors or commercial sexual activity. An experienced Madison criminal defense attorney from our law firm can help you determine whether a conviction on your human trafficking charges might result in a sex offender registration obligation under state or federal law.
Prosecuting and defending charges of human trafficking is very complicated, and Wisconsin’s mandatory sentencing laws carry a minimum sentence of five years if you are convicted. The additional criminal charges that often accompany a human trafficking charge add even greater complexity.
The human trafficking defense attorneys at Nicholson Goetz & Otis, S.C., have extensive experience dealing with human trafficking charges, both defending them and prosecuting them.
As a result, we are extremely familiar with all aspects of the human trafficking statute, the methods law enforcement uses to detect, investigate, and charge human trafficking, and the legal defenses available to those charged.
If you have been charged with human trafficking — if you are even suspected of or are being investigated for human trafficking — you need a criminal defense law firm with in-depth experience handling these complex charges. Call 608-237-6854 or send us an email.
