Victory in Landmark Human Trafficking Civil Case

by Amanda Kloer

categories: Government & Legal Efforts on Human Trafficking, Human Trafficking in Asia and the Pacific, International Human Trafficking and Migration, Labor Trafficking and Trade

Published November 04, 2009 @ 01:00PM PT

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What does justice look like for a survivor of human trafficking? Is it seeing her pimp handcuffed and sent to prison? Is it hearing his abuser sentenced to 10, 20, or 30 years? Is it reuniting with friends and family who were lost? All of these things can be justice for human trafficking survivors, but increasingly survivors are seeking another kind of justice -- cash. Specifically, they are suing their traffickers. And at least in once case in California this week, they are winning.

In what may be the first case of its kind in California, and one of the first in the country, a trafficked domestic worker brought suit against her former employer and was awarded $768,000, including $500,000 in punitive damages. The case stated that an Indonesian businessman brought the survivor Suminarti to Los Angeles to work in his home. The family confiscated Suminarti's passport, withheld all her pay, required her to work 16 hours a day with no days off, and refused to let her pray at a mosque or visit the Indonesian consulate. They abused Suminarti verbally and psychological, and told her to lie and say she was a family member if law enforcement ever visited the house. The family was convicted og the crime of human trafficking, but Suminarti wanted the sort of justice that civil suit could bring.

Her victory is indicative of a number of positive developments in the anti-human trafficking field.

First, the willingness of a jury to believe the reality of modern-day slavery in America and award damages accordingly indicates that public awareness of the issue is working. Secondly, this victory will hopefully encourage more survivors to bring lawsuits against their traffickers. The financial resources a trafficking survivor can gain from litigation can help her educate herself and her family, bring family members to the U.S., or take other steps to rebuild a broken life. Hopefully this victory will also inspire more lawyers to take civil human trafficking cases. Finally, this case has the potential to set legal precedent in California and elsewhere for litigation on behalf of trafficking survivors.

The availability of litigation for trafficking survivors is crucial, especially in situations where criminal prosecution is not possible. However, a the process of bringing suit can often be long and harrowing for the survivors. They are forced to relive their trauma publicly. They sometimes must address criminal histories related or unrelated to the trafficking, such as prostitution and drug use. But for some survivors, none of that matters. They want to hit their trafficker where it hurts, and for most traffickers, their most tender organ is their wallet. Damages can be as much about punishing the trafficker as empowering the survivors. And it looks like this case has done both.

Congratulations to Bet Tzedek, an NGO, and O`Melveny & Myers LLP, a law firm, who tried this case together. I hope this leads to many more legal victories on behalf of trafficking survivors.

Photo credit: hans s