The Scope of Sex Trafficking throughout Alabama

By Clay Martin | October 8, 2019

The I-20 corridor, which runs from Birmingham, Alabama to Atlanta, Georgia, is known as the “sex trafficking super highway.” If you were unaware that Alabama had a sex trafficking problem, you are not alone: this particular crime is usually associated with more populous, urban environments, and Alabama is a largely rural state. As Christian Lim, professor of social work at University of Alabama, UAB’s Institute for Human Rights, explained, there are a lot of misconceptions about sex trafficking.

Today, we wanted to start with the basics.

What is trafficking?

“Trafficking” is dealing or trading in illegal goods. Sometimes those good are drugs; sometimes, the “goods” are people.

  • The Department of Homeland Security explains that “Human trafficking involves the use of force, fraud, or coercion to obtain some type of labor or commercial sex act.”
  • Sex trafficking is a subset of human trafficking. Sex trafficking is the “use of force, fraud, or coercion to cause a commercial sex act with an adult or causes a minor to commit a commercial sex act. A commercial sex act includes prostitution, pornography and sexual performance done in exchange for any item of value; such as money, drugs, shelter, food, or clothes.”

Many victims fail to seek help due to language barriers, because they’re afraid of what their traffickers will do, and due to fear of law enforcement. Traffickers “look for people who are susceptible for a variety of reasons, including psychological or emotional vulnerability, economic hardship, lack of a social safety net, natural disasters, or political instability. The trauma caused by the traffickers can be so great that many may not identify themselves as victims or ask for help, even in highly public settings.”

How big of a problem is sex trafficking in Alabama?

The University of Alabama states that The Global Slavery Index estimates that there are over 6,000 victims of human trafficking each day in Alabama, which includes labor and sex trafficking.

According to Lim, sex trafficking ranges from small-time pimps which may even include family members to international criminal networks that traffic women from as far away as Korea and China. Street gangs in Alabama and elsewhere are adding sex trafficking to their illegal drug activities. Traffickers use prostitutes, social media, and family threats to coerce vulnerable girls and women.

Alabama is attractive to sex traffickers, according to the Alabama Law Enforcement Agency, because the state doesn’t have tactical task forces to focus on sex trafficking crimes like other states do. Alabama is also attractive to sex traffickers because it’s more of a rural state (which means the traffickers are farther away from police stations) than states with more urban settings. The Department of Homeland Security is investigating sex trafficking throughout Alabama and is training law enforcement officers how to combat sex trafficking. Local law enforcement agencies, including the Tuscaloosa Police, are starting to tackle the problem head-on.

Alabama’s laws against sex trafficking

Alabama has laws on the books that specifically address human trafficking. Under AL Code §13A-6-152, “A person commits the crime of human trafficking in the first degree if:

  • He or she knowingly subjects another person to labor servitude or sexual servitude.
  • He or she knowingly obtains, recruits, entices, solicits, induces, threatens, isolates, harbors, holds, restrains, transports, provides, or maintains any minor for the purpose of causing a minor to engage in sexual servitude.
  • He or she knowingly gives monetary consideration or any other thing of value to engage in any sexual conduct with a minor or an individual he or she believes to be a minor.”

Under the law, the perpetrator can’t claim he or she “didn’t know” the age of the minor victim. This is important, because traffickers may attempt to claim that they believed the men and women they subjugate were actually acting of their own volition, in an attempt to plead to a lesser charge.

The State allows for one other important caveat, as well: under the law, “a corporation or any other legal entity” may be prosecuted, in some circumstances, for the role it played in the crime. What this means is, if a sex trafficker is using a hotel to run his/her criminal enterprise, that hotel may be held criminally responsible and civilly liable for first-degree human trafficking, or second-degree human trafficking. (AL Code § 13A-6-153)

Help for trafficking survivors

In Alabama, there are many dedicated agencies fighting for the human rights of these victims. You can contact any of these organizations for help:

You can also make a claim for damages in civil court. This is different from prosecuting a crime in criminal court. Criminal prosecution is up to the State, which decides whether or not to pursue charges. Survivors can make a claim in civil court regardless of what the State does, or whether the perpetrator is found guilty or innocent. Under AL Code § 13A-6-157:

“An individual who is a victim of human trafficking may bring a civil action in the appropriate state court. The court may award actual damages, compensatory damages, punitive damages, injunctive relief, and any other appropriate relief. A prevailing plaintiff shall also be awarded attorney’s fees and costs. Treble damages shall be awarded on proof of actual damages where defendant’s acts were willful and malicious.”

A criminal conviction will trigger mandatory restitution.

At Martin & Helms, our experienced Huntsville sexual assault and abuse lawyers fight for the victims of sex trafficking. Survivors often suffer a lifetime of emotional harm which requires long-term psychological care just to be able to function. We fight to hold sex traffickers and anyone who aided them accountable for the severe trauma and damages they cause. If you or a loved one is the victim of sexual trafficking, please call 256-539-1990 or complete our contact form to get the legal help you deserve. We maintain offices in Huntsville and Decatur, and serve Madison, Athens, and all of North Alabama.

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