New York recently passed legislation giving sex trafficking survivors the ability to clear their names of prostitution-related convictions. The law, signed by Gov. David Patterson and effective immediately, is the first of its kind in the nation. Under the new law, a judge may vacate a state conviction for prostitution or related loitering when the defendant was a victim of sex trafficking.
Sex trafficking occurs when victims are forced or coerced into prostitution by others. New York law states that a person engages in sex trafficking if he or she "intentionally advances or profits from prostitution" by using one or more methods specified by statute.
Examples of Sex Trafficking Behavior May Include:
· Unlawfully providing drugs with the intent to impair judgment and exploit a person for purposes of prostitution
· Lying to induce or maintain a person's involvement in prostitution
· Withholding or destroying government documents (such as passports or immigration papers) with the intent to impair a person's freedom of movement and exploit him or her for prostitution
· Requiring prostitution be performed to repay a real or alleged debt
· Instilling fear that if a person does not engage in prostitution the consequence will be physical injury or property damage
To remove a prostitution or related conviction, a sex trafficking survivor needs to file a motion in criminal court requesting his or her record be vacated. This motion needs to be made with "due diligence" after the survivor is no longer a victim of sex trafficking or has sought services for trafficking victims. "Due diligence" requires that a person act without delay, but that law specifies that this diligence is subject to reasonable concerns sex trafficking victims may have for their own or others safety.
When a judge orders a conviction vacated, it means the conviction is no longer considered valid. A vacated conviction does not have to be disclosed to future employers or housing providers, and it will not negatively affect immigration status. Having prostitution convictions removed from their records essentially allows sex trafficking survivors the opportunity for new beginnings.
If you are a sex trafficking survivor and wish to pursue vacating your record of prostitution-related convictions, consult an experienced criminal defense attorney. A lawyer can explain your rights and potentially help you clear your name.
