Human trafficking (HT) is both a public health concern and a violation of victims’ human rights. Human beings are forced and coerced into exploitation through both sex and labor trafficking. Survivors of HT are frequently treated as offenders within the criminal justice system, despite the fact that their criminalized behaviors often result directly from their exploitation. This analysis examines the intersection of survivors of HT and their involvement in the criminal justice system, including its negative impacts on survivors’ mental health outcomes and the barriers they face to reintegration. Additionally, the study reviews policies designed to support survivors within the societal reintegration process. The analysis draws on 13 peer-reviewed studies focused on the United States, 8 reports, and 19 additional governmental and nongovernmental sources and examines the policy landscape at multiple levels. A human rights framework guides both the analysis and the recommendations for future practices. Findings highlight the lack of trauma-informed practices, limited training and awareness among law enforcement and prosecutors, and cultural norms and practices embedded in institutional practices places blame on victims and contribute to further retraumatization, particularly for women survivors who enter the justice system. Moreover, the results emphasize the absence of comprehensive legal protections for survivors with criminal records resulting from their victimization and a lack of standardized procedures for survivor identification. Some key recommendations include strengthening legal protections for survivors during and after involvement in the carceral system and expanding training for legal professionals and service providers to improve identification of survivors through survivor-centered, trauma-informed approaches.
Arduizur Carli Richie-Zavaleta is the senior research associate at the Center for Justice and Reconciliation and adjunct faculty at the Point Loma Nazarene University. She graduated from the Dornsife School of Public Health, Drexel University with a doctorate in public health in community health and prevention.
Valerie Nguyen is a project manager at UCLA Health and a Research Assistant at the Center for Justice and Reconciliation, Point Loma Nazarene University. She earned an MPH at the UCLA Fielding School of Public Health and is interested in research to improve health outcomes for underserved groups.
Kate Burba is a second-year student at Point Loma Nazarene University studying Theology with a social justice focus and Philosophy. She plans to pursue a career in public interest law. Kate works as a student research assistant at the Center for Justice and Reconciliation.