Gina Fiorilla Cavallo, a survivor of human trafficking, was arrested for crimes she was forced to commit while being exploited. Long after escaping trafficking, those charges remained on her record—limiting her access to stable work and housing and shaping how others perceived her.
What should have marked the start of recovery instead became another barrier. Cavallo’s experience underscores a broader pattern: survivors of trafficking are often penalized for acts tied directly to their exploitation.
“I was treated like a criminal”
Gina thought after escaping trafficking, she would find the help she needed to rebuild her life. Instead, Gina and many others like her often find themselves still trapped by the aftermath of the trafficking they experienced.
Cavallo shared in USA Today:
Many trafficking victims are arrested and charged for offenses that are a direct result of their exploitation. This is part of how traffickers keep control. We’re told the police will see us as criminals, not victims. When you do get arrested, it makes that feel true. It keeps you scared, quiet and less likely to ask for help.
Gina’s experience is far from isolated. Across the United States, survivors continue to face criminal charges for acts committed under coercion. These records can create lasting barriers to employment, housing and education, and in some cases, jeopardize child custody.
Experts say this outcome contradicts the basic understanding of trafficking. By definition, trafficking involves force, fraud, or coercion. Yet justice systems often fail to reflect that reality. As a result, many survivors are effectively burdened by the consequences of their exploitation even after they escape.
Legal reforms underway — but gaps remain
In recent years, lawmakers in the US have begun to tackle the issue. The Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act, a bipartisan bill, would renew and strengthen key survivor support programs, including funding for survivor-led services.
Importantly, the bill also supports training for law enforcement and service providers to improve victim identification and reduce the likelihood that survivors are treated as offenders. Cavallo emphasized that support after exiting trafficking is critical. Because the difference between rebuilding a life and returning to exploitation can often depend on whether meaningful support is available once someone leaves a trafficking situation.
Cavallo stated:
Leaving exploitation behind is only the beginning of recovery. Survivors need safe and stable housing, trauma-informed care, substance-use treatment, education, job placement, and legal assistance to address criminal records tied to acts they were forced to commit while being trafficked.
However, access to these services remains inconsistent. Existing laws vary widely in scope and often require survivors to navigate complex legal systems—frequently without adequate support. In addition, many survivors are unaware of what support is available. Others face financial or emotional barriers that prevent them from pursuing support.
As a result, survivors can face a second layer of harm: first exploited by traffickers, then penalized by the justice system.
Lasting consequences highlight need for change
Research suggests this pattern is widespread. Legal relief is rarely automatic, and survivors are often required to prove their victimization—a taxing and often retraumatizing process.
While there are signs of shifting attitudes, advocates warn progress remains uneven. Freedom United and other rights groups are calling for laws that do not criminalize survivors or those currently being trafficked, emphasizing that punitive approaches can deepen harm. The criminalization of activities such as sex work, for example, can fuel stigma, isolation and fear—conditions that traffickers exploit to maintain control. Advocates argue that reforms such as the decriminalization of sex work would help reduce these risks, enabling those experiencing exploitation to seek support without fear of punishment and allowing justice systems to focus on identifying and prosecuting abuse.
Without broader systemic change, many survivors will continue to carry the burden of crimes they were forced to commit.
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