Report on Texas Senate Bill 1278 and Human Trafficking Victims’ Legal Defense

Introduction

Texas Governor Greg Abbott vetoed Senate Bill 1278 (SB 1278), legislation intended to allow victims of human trafficking to claim duress as a defense against crimes committed under coercion by their traffickers. The Governor has called for a special legislative session beginning July 21 to revisit this issue.

Background and Purpose of SB 1278

SB 1278 aimed to provide legal protection for trafficking victims who were forced to commit crimes under duress. Elizabeth Henneke, CEO of the Lone Star Justice Alliance, explained that the bill would enable victims to present evidence in court that their criminal acts were a result of threats or control by traffickers.

Challenges Faced by Human Trafficking Victims

• Many victims end up with criminal records due to actions forced upon them by traffickers.
• Traffickers often shift legal risks onto victims, such as carrying drugs or opening fraudulent bank accounts.
• Criminal records create significant barriers to recovery, including difficulties in securing housing, employment, and reintegration into society.

Caroline Roberts, General Counsel and Senior Director of Policy at Children at Risk, emphasized the long-term consequences of criminal records for victims attempting to escape trafficking.

Legal Context and Court Decisions

In 2021, the Texas Court of Criminal Appeals limited trafficking victims’ ability to claim duress as an affirmative defense, focusing only on immediate circumstances prior to the alleged crime rather than the prolonged abuse endured. Henneke criticized this approach as a misunderstanding of the complex psychological impact of trafficking.

Governor Abbott’s Veto and Rationale

1. Abbott vetoed SB 1278 despite bipartisan legislative support.
2. He argued the bill was overly broad and could grant immunity for serious crimes unrelated to trafficking victimization, such as violent offenses and terrorism.
3. Abbott reaffirmed Texas’s commitment to protecting trafficking victims but emphasized the need to maintain accountability.

Next Steps and Recommendations

• Lawmakers will revisit the bill during a special session starting July 21.
• Advocates seek clearer legislative language to demonstrate that victims’ wills are overridden by prolonged coercion and abuse.
• Focus will be on establishing proof of coercion and fear of reprisal rather than solely on the criminal acts committed.

Alignment with Sustainable Development Goals (SDGs)

This legislative effort directly supports several United Nations Sustainable Development Goals, including:

• SDG 3: Good Health and Well-being – By addressing the trauma and legal challenges faced by trafficking victims, the bill promotes mental and physical health recovery.
• SDG 5: Gender Equality – Many trafficking victims are women and girls; protecting their rights contributes to gender equality and empowerment.
• SDG 8: Decent Work and Economic Growth – Removing criminal records facilitates victims’ access to employment and economic independence.
• SDG 16: Peace, Justice, and Strong Institutions – The bill aims to strengthen justice systems by ensuring fair treatment of trafficking victims and promoting legal reforms.

Conclusion

The veto of SB 1278 highlights the complexities in balancing victim protection with legal accountability. The forthcoming special session offers an opportunity to refine the bill to better support trafficking survivors in line with the Sustainable Development Goals, ensuring their rights and recovery are prioritized within the justice system.

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 5: Gender Equality
   • The article discusses human trafficking, which disproportionately affects women and girls, highlighting issues of abuse, coercion, and exploitation.
2. SDG 8: Decent Work and Economic Growth
   • Human trafficking victims are often forced into illegal or exploitative labor, impacting their economic rights and opportunities.
3. SDG 16: Peace, Justice and Strong Institutions
   • The article focuses on legal justice for trafficking victims, including the ability to claim duress as a defense in court and the implications of criminal records on victims’ reintegration.
4. SDG 3: Good Health and Well-being
   • Indirectly relevant due to the mental and physical health impacts of trafficking and abuse mentioned in the article.

2. Specific Targets Under Those SDGs Identified

1. SDG 5: Gender Equality
   • Target 5.2: Eliminate all forms of violence against all women and girls in public and private spheres, including trafficking and sexual exploitation.
2. SDG 8: Decent Work and Economic Growth
   • Target 8.7: Take immediate and effective measures to eradicate forced labor, end modern slavery and human trafficking, and secure the prohibition and elimination of the worst forms of child labor.
3. SDG 16: Peace, Justice and Strong Institutions
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • Target 16.2: End abuse, exploitation, trafficking and all forms of violence against and torture of children.
4. SDG 3: Good Health and Well-being
   • Target 3.4: Promote mental health and well-being.

3. Indicators Mentioned or Implied to Measure Progress

1. Indicator for Target 5.2:
   • Proportion of women and girls subjected to sexual violence and trafficking.
   • Number of legal protections and support mechanisms for trafficking victims.
2. Indicator for Target 8.7:
   • Number of victims of human trafficking identified and supported.
   • Number of prosecutions and convictions for trafficking-related crimes.
3. Indicators for Target 16.3 and 16.2:
   • Proportion of victims of trafficking able to access justice and legal defense (e.g., ability to claim duress as defense).
   • Number of trafficking victims with criminal records related to coerced crimes.
   • Legal reforms enacted to improve justice for trafficking victims.
4. Indicator for Target 3.4:
   • Access to mental health services for trafficking survivors.
   • Measures of psychological well-being among trafficking survivors.

4. Table: SDGs, Targets and Indicators

Source: houstonpublicmedia.org