Imagine being a victim of sex trafficking coerced into commercial sex only to find out that you are being charged with a crime and cannot explain to the jury why you committed the crime. Many trafficking victims find themselves in this dilemma today due to our current Texas Penal Code. Over recent years, Texas has seen an increase in laws combatting sex trafficking, but there is a population that is being harmed, and no one is talking about it.

Traffickers use their victims as a shield, forcing them to commit crimes so they are not held accountable. Now, as a defendant, victims find themselves unable to explain to juries why their victimization led to committing criminal acts, leaving them at the mercy of the very legal system meant to protect them. As victims face charges, they are prevented from explaining how being drugged, beaten, raped, and trafficked over some time made them do as their traffickers told them. These crimes often include vagrancy, trespass, disorderly conduct, robbery, drug offenses, and prostitution. There is a cruel irony that victims of sex trafficking endure unimaginable trauma and then find themselves facing criminal charges, which only exacerbates their trauma. We must do better in Texas. It is time to change the definition of an affirmative defense for duress to include the coercion and fraud many victims of sex trafficking experience.

As a legal defense, duress is a safeguard against criminal liability to be used in a court of law when the defendant has been compelled to commit an illegal act under the threat of harm or death. Unfortunately, in Chapter 8.05 of the Texas Penal Code, duress cannot be used for victims of sex trafficking who are not in immediate danger of harm or death. Traffickers exert intense and pervasive control over their victims. Expanding the definition of duress will allow victims who once were barred from sharing their story of victimization to now be able to explain how their trafficker coerced them.

The horrors endured by victims of sex trafficking are not exaggerated. For most victims, trafficking occurs for several years. Victims suffer physical, mental, and emotional abuse daily. Even after they leave the trafficking situation, the effects can continue for a lifetime. There is persistent fear, anxiety, and post-traumatic stress. For these very reasons, victims of sex trafficking should be able to use an affirmative defense for duress to give juries a complete picture of their victimization and what led to them committing crimes.

Bills to Expand the definition of duress to include trafficking victims’ experiences have passed the Texas House of Representatives for the past two legislative sessions but have not moved out of the Texas Senate. Representative Senfronia Thompson, author of the Duress bill in 2021, said, “This bill would allow juries to consider whether the force or threat of force would render a reasonable person in the situation of the defendant incapable of resisting the pressure. The proposed change would protect our most vulnerable, traumatized Texans from prosecution for crimes induced by coercion by their abusers.”

The legal system should be utilized to defend the vulnerable, provide justice for victims of crime, and prosecute traffickers who prey on vulnerable populations. An affirmative defense for duress is the ethical change needed in Texas to reaffirm the dignity and worth of every person regardless of their history. It is time to stand in solidarity with survivors, listen to their voices, and ensure that they are not only seen but heard as well.

We need your help to change this! To find out how you can help, follow the Fort Bend County Facebook Group Our Voice in Texas (@ourvoiceintexas) and help make Texas a more equitable place to live for survivors of sex trafficking.