Is a hotel liable for sex trafficking? Under federal law, entities can be held accountable if they profit from the forced labor or sex trafficking of others. When traffickers rent hotel rooms, the hotel benefits financially from their exploitation. If hotel staff ignore clear signs of trafficking, they may be held liable by the U.S. Government and trafficking survivors. This can encourage the hospitality industry to combat trafficking actively.
If you or someone you know has been a victim of sex trafficking at a hotel, contact George Bochanis Injury Law Offices at (702) 388-2005.
Nevada’s Laws Regarding Sex Trafficking
Nevada law makes sex trafficking, or forcing someone into prostitution, illegal. Prostitution involves exchanging sexual services for money or other value.
Definition of Sex Trafficking in Nevada
For someone to be convicted of sex trafficking in Nevada, prosecutors must establish beyond a reasonable doubt that one of the following three actions was taken:
- Utilized threats, force, or deception to persuade, cause, or compel an individual to participate in prostitution or to enter a brothel. For instance, a threat to harm the victim’s family if they do not agree to become a prostitute would fall under this category.
- Induced, recruited, or transported a person while aware, or having reasonable grounds to be aware, that threats, violence, or deceit would be employed to lead that person into prostitution or a brothel.
- Induced, recruited, or transported a minor under the age of 18 to engage in prostitution or enter a brothel. An example of this would be a pimp luring a child into becoming one of their prostitutes.
Other Forms of Trafficking
In Nevada, sex trafficking is considered a distinct offense from human trafficking. There are various forms of trafficking, each associated with specific laws.
Human Trafficking
This involves transporting individuals into Nevada with the intent of financial gain or for illegal activities, such as forced labor.
Sex Trafficking for Marriage
This occurs when a person is taken or held in Nevada with the intention of marrying them.
Minor Sex Trafficking
If a minor is compelled into prostitution or sexual acts, it constitutes sex trafficking, regardless of whether force was used. The mere fact that the victim is a minor is sufficient to establish the crime.
Facilitating Sex Trafficking
In Nevada, facilitating sex trafficking is distinct from sex trafficking itself and includes one of the following actions; Arranging or paying for someone’s transportation to Nevada to engage in unlawful sexual conduct or prostitution, or for a child, in acts related to child pornography. Selling travel services while knowing the traveler intends to engage in sexual conduct with a victim of sex trafficking or solicit a child victim. Or traveling to Nevada with the intent to engage in sexual conduct with a victim of sex trafficking, aware that they have been coerced into such conduct.
Conspiracy to Commit Sex Trafficking
Conspiracy to commit sex trafficking refers to when two or more individuals plan to engage in sex trafficking activities. Even if the sex trafficking does not occur, a person can still face a conviction for the conspiracy charge. However, if the act of sex trafficking takes place, then those involved can be charged with both the conspiracy to commit sex trafficking and the actual sex trafficking offense.
What Are a Hotels’ Responsibilities for Guest Safety?
In the U.S., Nevada ranks second in human trafficking cases, with 6.26 per 100,000 residents. A recent report by the Polaris Project uncovered 201 trafficking cases involving 296 survivors. Most sex trafficking incidents in Nevada occur in motels, hotels, casinos, escort services, strip clubs, or street prostitution.
Many victims face language barriers and fear legal repercussions, making it challenging to report these crimes. Local police often lack the resources to dismantle trafficking rings. Thus, hotels with weak security are attractive to traffickers due to the anonymity and transient guests they provide. However, well-trained hotel staff can play a crucial role in combating human trafficking, as they are often in the best position to identify suspicious activities.
Hotels have a legal responsibility to ensure all guests’ safety and security, including taking reasonable steps to recognize and address hazards. When hotels fail to do so, there may be hotel liability for assaults, or victims may sue a hotel for negligence. This obligation extends to protecting victims of sex trafficking.
Can a Hotel be Sued for Sex Trafficking?
A judge in a Columbus court has determined that victims of sex trafficking have the right to sue U.S. hotel chains. This decision paves the way for victims to hold hotels responsible for their involvement in enabling sex trafficking.
According to the Trafficking Victims Protection Act (TVPA), hotels can face both civil and criminal charges for permitting sex trafficking on their premises. The law allows either the federal government or survivors to pursue legal action against the trafficker and any organization that financially profited from the victimization or was aware that such activities violated human trafficking laws. Importantly, federal law categorizes buyers of sex as traffickers. Consequently, a hotel can be deemed liable to the survivor if an employee rents a room to a trafficker or buyer and was aware that it would be used for a commercial sex act.
In 2023, a number of lawsuits emerged against hotels throughout the United States, accusing them of facilitating human trafficking. Over 40 hotels are confronting legal challenges for their alleged roles in human trafficking, with claims asserting that they either knew or should have known about trafficking activities occurring on their properties and failed to take action to prevent it. If you have been a victim of human trafficking, a hotel injury lawyer with knowledge of the most common Las Vegas hotel injuries may help you seek compensation.
When Can a Hotel Not Be Held Liable for Sex Trafficking?
In some cases, a hotel may not be held liable for sex trafficking. Sex trafficking cases tend to involve lengthy police investigations that may span years. The primary defenses hotels use against sex trafficking cases include:
Lack of Knowledge Regarding Trafficking
If the hotel the owner, management, or employees were unaware that force or threats were employed to compel adult victims into prostitution, they cannot be held criminally responsible under Nevada law. For example, a front desk worker who rents a room to a victim or perpetrator is not committing a crime, provided they do not know that the victim will be coerced into prostitution. Conversely, a worker who agrees to provide rooms for such acts might face liability, as they could reasonably infer that the victim will be exploited as a prostitute.
Illegal Search or Seizure by Police
Sex trafficking cases can be dismissed based on police errors. If an illegal search and seizure occurs, a motion to suppress can be filed, asking the court to ignore evidence obtained from the unlawful search. Should the court agree, the prosecution may be forced to withdraw charges due to insufficient evidence.
Claiming the victim consented to trafficking or that the hotel was unaware of the victim’s actual age is not a valid defense.
How to Recognize Signs of Sex Trafficking
An increasing number of hotels, including Hilton, Marriott, and Sonesta, are training staff to combat human trafficking. Marriott has mandated training for its workforce across nearly 7,000 hotels to recognize warning signs of trafficking. Hotel security plays a vital role in guest safety, as their training enables them to identify and respond to trafficking situations.
Hotel security staff must recognize the warning signs of human trafficking to identify and respond to potential cases. By staying aware of the indicators of trafficking, security teams can serve as frontline responders, helping to protect vulnerable individuals who might be at risk.
Physical Indicators
Indicators of human trafficking can manifest as untreated physical injuries, bruises, or other evident wounds. Individuals who are trafficked might exhibit signs of neglect or abuse, which attentive security staff can identify during regular patrols or interactions.
Behavioral Indicators
Behavioral signs can indicate human trafficking cases. Victims might show signs of fear, anxiety, or seem hesitant to interact with others, particularly when they are with controlling individuals who communicate for them. Security personnel trained to recognize these behavioral patterns can step in and offer help to those who require it.
Controlling Behavior
A sign of human trafficking involves individuals who dominate another person’s movements, communication, or choices. In hotel settings, security staff may witness instances where guests seem unable to speak openly or show signs of control by someone else. By acknowledging these controlling behaviors, security teams can better recognize and assist trafficking victims.
Hotel workers and security personnel play a crucial role in the fight against human trafficking in the hospitality sector. With adequate training and education to identify the warning signs of trafficking, security teams can effectively prevent these crimes and offer assistance to victims.
How to Prove a Hotel Is Liable for Sex Trafficking
Proving a hotel’s liability for sex trafficking in Nevada requires a thorough understanding of state and federal laws, as well as the application of legal standards to establish negligence or complicity. Nevada, particularly cities like Las Vegas, has seen cases where hotels have been implicated in sex trafficking activities.
Understand Applicable Laws
At the federal level, the Trafficking Victims Protection Act (TVPA) holds businesses accountable if they knowingly benefit from or fail to prevent trafficking on their premises. Nevada also has state laws addressing trafficking, including statutes criminalizing involvement or negligence related to trafficking activities. The law imposes liability on entities that fail to act despite knowledge of trafficking indicators.
Establish Knowledge or Recklessness
To prove liability, it must be shown that the hotel knew or should have known about the trafficking. Evidence includes:
- Reports from staff: If employees observed signs of trafficking (e.g., frequent male visitors to a single room, guests avoiding interaction, or visible signs of distress in victims) and failed to act, this could suggest negligence.
- Guest behavior and patterns: Records of extended stays without proper identification or payment in cash could signal awareness or reckless disregard by the hotel.
- Past incidents: A history of trafficking-related incidents at the hotel strengthens the argument that management failed to address known risks.
Demonstrate Failure to Act
Hotels have a duty of care to provide a safe environment for guests. If the hotel failed to implement policies or train employees to recognize and report trafficking, this might establish negligence. Evidence of this behavior includes:
- Lack of anti-trafficking training for staff.
- Failure to follow through on reports of suspicious activity.
- Absence of collaboration with law enforcement or anti-trafficking organizations.
Prove a Benefit to the Hotel
Under the TVPA, it must also be demonstrated that the hotel financially benefited from trafficking activity. This can include revenue from room rentals or other services knowingly used by traffickers. Payment records, video surveillance, and witness testimonies can serve as evidence.
Collect Additional Evidence
Evidence is critical in sex trafficking cases against a hotel. To prove the hotel’s negligence, you can gather:
- Surveillance footage: Videos capturing suspicious activity.
- Employee testimony: Statements from staff who witnessed trafficking indicators.
- Victim testimony: Survivors can provide firsthand accounts of their experiences at the hotel.
- Digital evidence: Phone records, online bookings, and communications between traffickers and hotel staff.
Involve Expert Witnesses
Expert witnesses, such as anti-trafficking advocates or law enforcement professionals, can help clarify patterns of trafficking and a hotel’s responsibility to intervene.
By compiling robust evidence and leveraging expert testimony, victims and their advocates can hold complicit hotels accountable, ensuring justice and deterrence of future trafficking. Collaboration between legal professionals, victims, and anti-trafficking organizations is essential in achieving this outcome.Hotel chains are responsible for ensuring your safety. If they fail in this duty, a personal injury lawyer in Nevada can help hold them accountable. Contact us if you or someone you care about has been a victim of sex trafficking.
