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isolation Physical violence Emotional abuse Sexual abuse and exploitation Financial abuse Threats to family members Use of children and/or animals to manipulate and control victims Withholding food, sleep, medical care, passports, visas, and other immigration or identification documents Domestic violence and human trafficking are symptoms of a hierarchical society in which violence, power, and control are used to exploit vulnerable populations. 10 Victims of trafficking and survivors of domestic violence have often experienced systemic violence prior to their victimization, such as war, poverty, racism, childhood abuse, sexual violence, or other forms of oppression. They often have limited support networks, either before or after the victimization, and may have limited educational and employment opportunities. Survivors who escape domestic violence or trafficking situations may experience homelessness, joblessness, and a lack of resources as a result of the abuse. They may experience further victimization because of the vulnerability caused by traumatic experiences. Many survivors of domestic violence are trafficked within the context of the abusive relationship. Often, the two types of victimizations cannot be separated. For example, a batterer may use physical and emotional violence as a tactic of control and coerce his partner into sexual acts with other men for personal profit or enforce involuntary labor for his own and his family’s benefit. While there are many similarities, human trafficking and domestic violence are different crimes. Human trafficking at its core is a crime of exploitation where there is a profit from the abuse. Force, fraud, and coercion must be present unless the victim is a minor involved in commercial sex. Domestic violence, on the other hand, involves a pattern of behavior intended to exercise power and control over another in an intimate relationship.9 A Sheriff’s Office in Florida responded to a domestic abuse call at the home of a man and his wife, only to discover teenager Maria cowering in the corner. Maria tearfully informed law enforcement that the man made her work in the tomato fields by day and would come to her room by night. —Lou de Baca, 2002, Working Together to Stop Modern-Day Slavery “Trafficking in persons and domestic violence can occur on a continuum of violence, and the dynamics involved in human trafficking are frequently interwoven with those of domestic violence.”8 8“Human Trafficking and Domestic Violence” 9“Human Trafficking and Domestic Violence” 10 11 All victims of human trafficking need access to legal services and advocacy in order to navigate what can be a complicated and difficult legal process. Attorneys can help victims understand their rights, obtain release from detention facilities, block deportation, obtain visas and work authorizations, and seek access to resources and support. Victims who are not US citizens must receive legal support as soon as possible in order to understand their rights as a victim of a crime. TRAFFICKING VICTIMS PROTECTION ACT The Trafficking Victims Protection Act (TVPA) and subsequent reauthorizations are important pieces of anti-trafficking legislation that make human trafficking a federal crime in the United States.10 The TVPA made major changes to criminal penalties, civil causes of action, benefits, immigration relief, and prevention efforts surrounding human trafficking and has resulted in increased awareness of trafficking as a global and local epidemic. Important aspects of the TVPA include: Defines human trafficking as a criminal offense Creates severe penalties for those found guilty of trafficking Mandates restitution for victims Establishes the T-Visa, which allows trafficked victims to live and work temporarily in the US and apply for permanent residency The largest barrier to accessing the protections of the TVPA is a lack of legal assistance. Certified domestic violence centers should always attempt to refer victims to attorneys. This is particularly true for non-US citizens, who should be referred to immigration attorneys with experience in trafficking cases. Domestic violence advocates should have general knowledge of laws against human trafficking and should refer victims to lawyers with expertise