Category Archives: Human Trafficking

Virginia Needs to Adopt the Uniform Act on Prevention of and Remedies for Human Trafficking

by James C. Sherlock

Seldom can we mitigate bad problems with solutions that work and are handed us on a platter. But we can do that in Virginia in the case of human trafficking.

The Department of Justice defines human trafficking as follows:

Human trafficking, also known as trafficking in persons, is a crime that involves compelling or coercing a person to provide labor or services, or to engage in commercial sex acts. The coercion can be subtle or overt, physical or psychological. Exploitation of a minor for commercial sex is human trafficking, regardless of whether any form of force, fraud, or coercion was used.

The last time we had good numbers on arrests only, there were 5,000 arrests related to suspected trafficking in Virginia between 2012 and 2019.  Yet even now, the Commonwealth’s Trafficking Coordinator wrote at the end of last year that nearly all of the charges have been brought against buyers and sellers of prostitution, not traffickers.

The Uniform Law Commission (ULC), established in 1892, provides states with non-partisan legislation that brings clarity and stability to critical areas of state statutory law.

It has since 2013 offered the Uniform Act on the Prevention of and Remedies for Human Trafficking (Uniform Act). This act has been adopted by at least nine states and the U.S. Virgin Islands.

While Governor Youngkin signed a spate of new laws in June of this year, a big improvement, Virginia laws on human trafficking remain scattered all over the Code of Virginia.  The only Virginia law against it is § 18.2-355. The laws remain woefully inadequate.

The Uniform Act is ready to submit. Both parties in the General Assembly should sponsor it and adopt it unanimously in the upcoming session. Continue reading