New Texas law aims to protect sex trafficking victims from prosecution

Texas (KWTX) - Local prosecutors hope a new state law going into effect this week can help sex trafficking victims come forward to law enforcement.

Senate Bill 11 allows victims to avoid prosecution if they are forced to commit certain crimes under traffickers’ threats or coercion. The law covers crimes such as prostitution, selling drugs and theft.

Experts say victims’ fear plays a large role in why the sex trafficking industry continues to grow. When both a trafficker and the criminal justice system are punishing a victim, it creates barriers to reporting.

Rise in local cases

Prosecutors say there has been a rise in sex trafficking cases in McLennan County, as well as awareness.

“Trafficking has always been well addressed in central Texas,” said Joseph Scaramucci, a former McLennan County detective who has been fighting human trafficking for over a decade.

Scaramucci runs his own nonprofit, Skull Games, with the same mission. He says sex trafficking hits close to home and recalls arresting a friend years ago with no clue she was a trafficking victim.

“I later found out. It cost college scholarships, it cost housing, it cost all sorts of things that we don’t take into effect,” Scaramucci said.

Law provides victim protection

Scaramucci says sex trafficking is the main crime where victims get penalized.

“We spend a lot of time trying to legislate greater penalties against traffickers and those who exploit primarily women. But we don’t really do enough to protect them and I think this one is an incredibly impactful law when it comes to victim protection that hasn’t otherwise been there,” he said.

McLennan County Assistant District Attorney Liz Buice says prosecutors may have difficulty assessing certain claims because coercion is fact specific and can be hard to prove.

“It requires the victim to recognize what’s happening to them, which is also very difficult for them to do,” Buice said.

Breaking the cycle

Buice says the new law can help get victims out of a toxic environment because it prevents victims from getting convictions on their records.

“If you take away those opportunities to get themselves out and eliminate those vulnerabilities, like employment and housing, then they’re going to still exist and have a hard time getting on their feet and getting out the cycle,” she said.

Crimes such as murder, trafficking of a person or child, sexual assault or burglary are not protected under this law.

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