Across multiple countries, trafficking survivors are increasingly being arrested for crimes they were forced to commit, including cyber scams, financial fraud, and illegal border crossing. In many cases, individuals trafficked into exploitative situations are treated as offenders rather than victims. This trend points to gaps in victim identification and challenges in ensuring access to justice for survivors of trafficking and forced criminality. This presentation brings together regional experiences from Asia to examine how survivors become criminalized and where identification systems fall short. Drawing on field engagement, case experiences, and collaboration with law enforcement and survivor networks, the session will explore common challenges in recognizing coercion, control, and exploitation. These challenges are particularly visible in cross-border trafficking and emerging forms of forced criminality. The presentation will highlight patterns observed across countries, including delays in victim identification, lack of clear guidance for frontline responders, and limited coordination across jurisdictions. These gaps often result in survivors being detained, prosecuted, or denied protection services, further complicating their access to justice. The session will also share examples of emerging responses and practical approaches that have helped shift identification practices and strengthen institutional understanding. By bringing together regional perspectives, this session aims to encourage learning across countries and promote more survivor-centered approaches. The discussion will conclude with recommendations for strengthening victim identification, improving justice system responses, and preventing the criminalization of trafficking survivors, while encouraging collaboration across stakeholders working on trafficking and forced criminality.
Nisha Mehroon is the India Country Director at Asia Freedom Network and Program Director and Research Specialist at Sanjog, with extensive experience on access to justice in trafficking contexts. She has led multi-state research on victim identification and forced criminality, working with law enforcement and survivor networks to strengthen institutional responses and address survivor criminalization.
Kamal Raj is the founder of Cross Global Asia Foundation and a TEDx speaker specializing in labour migration and anti-trafficking responses. He has led initiatives preventing child trafficking, rehabilitating 938 survivors, and strengthening protective systems and law enforcement coordination across Asia.
Mechelle Moore is a transnational crime specialist focused on anti-human trafficking and cyber slavery in the Asia Pacific. As CEO of Global Alms Incorporated, she leads trauma-informed care for survivors. She is also an Adjunct Associate Lecturer at Charles Sturt University and the founder of Yes She Matters.