A historic civil verdict has recently drawn national attention to the legal rights of sex trafficking survivors. In this case, a jury awarded $40 million to a young woman who was trafficked as a minor at a hotel over the course of just over a month. The jury found the hotel liable for allowing the abuse to continue unchecked. While the verdict is groundbreaking in scope, the case underscores a critical and ongoing issue: many businesses, especially hotels and motels, either knowingly allow or fail to intervene in trafficking activity on their premises.
For victims of sex trafficking and other forms of sexual abuse, justice may come not only through the criminal justice system, but also through civil lawsuits. When companies or institutions enable exploitation through neglect or willful indifference, they may be held accountable in civil court.
In this article, the sexual abuse attorneys at Kherkher Garcia explore when victims can file civil lawsuits, how the process works, and why experienced legal counsel is essential for pursuing justice.
Civil Lawsuits Against Hotels and Other Businesses That Enable Trafficking
While traffickers themselves can face criminal prosecution and imprisonment, the individuals and companies that create or ignore the conditions that allow trafficking to flourish may also face civil liability. This includes:
- Hotels and motels that ignore red flags such as frequent male visitors to a room, cash-only transactions, and signs of abuse.
- Property owners or managers who fail to implement anti-trafficking training or reporting protocols.
- Online platforms or businesses that promote or profit from trafficking-related content or transactions.
In the civil case behind the recent $40 million verdict, the hotel was found liable under the Trafficking Victims Protection Reauthorization Act (TVPRA). This federal law allows victims to bring civil actions against individuals and entities that “knew or should have known” about trafficking and failed to act. The court found that the hotel failed to report or intervene in suspicious and repeated activity that clearly indicated trafficking was occurring.
When Can Victims File a Civil Lawsuit?
Victims of sex trafficking, sexual abuse, or assault may be able to file a lawsuit if:
- The abuse occurred on a business’s property or with their knowledge.
- The business or institution failed to take reasonable steps to intervene or report the abuse.
- The abuse resulted in physical, emotional, or psychological harm.
Under federal and some state laws, victims may file suit against:
- Hotels or motels
- Property owners
- Managers or franchise operators
- Transportation companies
- Websites or platforms that facilitated trafficking
Statutes of limitation vary depending on the jurisdiction and type of abuse. However, many states now have extended time frames – or even “lookback windows” – that allow victims to file lawsuits even decades after the abuse occurred.
What Does the Civil Lawsuit Process Involve?
Bringing a civil lawsuit against a hotel or complicit third party typically involves the following steps:
Investigation and Evidence Gathering
A skilled attorney will begin by gathering evidence such as hotel records, witness testimony, police reports, medical records, and documentation of trafficking incidents. Surveillance footage and staff logs can also be critical.
Filing the Complaint
The complaint is a legal document that outlines the facts of the case and identifies the parties responsible. It will cite applicable laws, such as the TVPRA, and explain the damages being sought.
Discovery
Both sides exchange evidence, interview witnesses, and take depositions. This phase is often extensive in trafficking cases, as it may uncover systemic negligence or a pattern of similar incidents.
Settlement or Trial
Many civil lawsuits settle before reaching trial. However, if a fair settlement cannot be reached, the case may proceed to court. A jury may award damages for pain and suffering, medical expenses, lost income, and punitive damages meant to punish wrongdoing.
Why Legal Representation is Critical
Sex trafficking cases are legally and emotionally complex. Victims often face retraumatization, stigma, and fear of retaliation. An experienced attorney can:
- Protect the victim’s identity and rights throughout the case.
- Identify all liable parties, including businesses and individuals.
- Navigate complex federal and state statutes, including TVPRA and local civil codes.
- Pursue the maximum compensation possible for damages.
A civil lawsuit is about more than financial recovery. It is about justice, closure, and holding negligent institutions accountable for their role in exploitation.
Why Civil Justice Matters
While criminal charges punish perpetrators, civil lawsuits offer survivors a way to recover damages and reclaim their autonomy. They also send a message to businesses that profit from exploitation, either directly or through inaction.
When a hotel fails to report clear signs of trafficking, it is complicit in the abuse. Large civil verdicts, like the recent $40 million award, help push the industry toward stronger anti-trafficking practices such as staff training, surveillance, guest monitoring, and reporting protocols.
For survivors, civil justice can be a transformative step in healing. It affirms that what happened was wrong and that institutions that allowed it must answer for their role.
Frequently Asked Questions (FAQ)
Q: Who can be sued in a civil trafficking case?
A: Any business, institution, or individual that knew or should have known that trafficking was occurring and failed to take reasonable steps to stop it. This includes hotel owners, managers, staff, property owners, websites, and others.
Q: What types of damages can be recovered?
A: Damages available in civil lawsuits vary depending on the facts of the case. Survivors may recover compensation for pain and suffering, emotional distress, medical and counseling expenses, lost income, and in some cases, punitive damages to punish the defendants.
Q: How long do I have to file a lawsuit?
A: It depends on the jurisdiction. Some states have extended or eliminated statutes of limitation for trafficking and sexual abuse claims. An attorney can advise on specific deadlines in your case.
Q: Do I have to publicly reveal my identity?
A: Not necessarily. Many courts allow trafficking and abuse victims to file under pseudonyms or use initials to protect their privacy.
Q: What if the abuse happened years ago?
A: You may still have the right to file a lawsuit. Many states and federal laws have lookback provisions or extended statutes of limitations for child sexual abuse and trafficking cases.
Q: What laws protect trafficking victims in civil court?
A: The primary federal law is the Trafficking Victims Protection Reauthorization Act (TVPRA), which provides a civil remedy for victims. Many states have similar laws that provide additional protections.
Contact Kherkher Garcia Today
If you or a loved one is a survivor of sex trafficking or sexual exploitation, you are not alone. What’s more, you have legal rights. At Kherkher Garcia, our compassionate attorneys are committed to helping victims seek justice and rebuild their lives.
We understand how difficult it is to come forward. Our legal team provides confidential, trauma-informed guidance and aggressive representation. Whether the abuse occurred recently or many years ago, we will work to hold the responsible parties accountable.
Contact us today for a free, confidential consultation. Justice is possible. Let us help you take the first step. To get started right away, call us at 713-333-1030. To request more information or schedule a consultation, submit our online form.
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