Arizona now provides legislation to permit civil action against Human and Sex Traffickers
Arizona Governor Ducey has signed HB 2116 which means civil action can now be pursued by Human or Sex Trafficked survivors.
HB 2116 is highly supported by Arizona Attorney General Mark Brnovich who says it will allow victims of Human and Sex Trafficking to take civil action against their perpetrators, and anyone else who contributes to their abuse.
AZ Attorney General Brnovich said:
“Society needs to do everything we can to assist victims of this horrific crime and help them rebuild their lives, this new law provides an additional resource for survivors to hold their traffickers accountable for the lives they’ve thrown into chaos.”
Previously in Arizona, victims of these crimes were only addressed in criminal statutes, and victims could not take action against their perpetrators in court.
Governor Doug Ducey
Rep. Shawnna L.M. Bolick who is another strong supporter of HB 2116 said:
“This new law allows victims to recover the economic losses they suffered during the time their perpetrators were committing the crime, but more importantly, it addresses the host of related physical and mental damages that occur as a result of being trafficked.”
HB2116 Key Notes
- A person who engages in the trafficking of another person or a person who benefits from participating in a venture that traffics another person is liable to the person trafficked for damages that arise during the trafficking period.
- Acquittal, no prosecution or criminal conviction, or conviction of a different offense or of a different type or class of offense do not qualify as a defense to liability.
- Subjects corporations, associations, and partnerships to liability.
- A claimant who prevails will be awarded actual damages and may recover additional exemplary damages.
- Any person found responsible for any amount is jointly liable with any other person found to be liable for the entire amount of damages.
- If a legal entity is found responsible for trafficking, a shareholder, partner, or member of that entity is jointly and severally liable if the shareholder, member, or partner was found to have personally benefited from the trafficking.
- There is no statute of limitations for a victim to bring forward a private action.
