Texas Survivor Representation
Texas Human Trafficking Lawsuits
If you were trafficked in Texas, please know this first. What happened to you was not your fault. Not the choices you felt forced to make, not the time it took to leave, and not the years that may have passed since.
Wherever you are in your survivor journey, this page is a resource for you to use as you plan your pursuit to justice.
Understanding human trafficking under Texas law
This page explains, in everyday language, how Texas law treats human trafficking as a civil matter, which businesses may be held responsible when they benefit from it, and what a Texas human trafficking lawsuit may involve. There is no pressure here to do anything except learn what your options might be.
Human trafficking happens when someone uses force, fraud, or coercion to make another person perform labor, services, or commercial sex acts. When the person being exploited is under eighteen and the exploitation is sexual, the law does not require proof of force, fraud, or coercion at all.
Coercion is the part most often misunderstood
It rarely looks like locked doors. Instead, it may look like:
- Debt that never shrinks
- A confiscated identification document
- A threat to report someone to immigration authorities
- A threat aimed at a person's child or parent
- A supply of drugs used to maintain control
Many Texas trafficking survivors describe a situation that began as a job offer, a relationship, or a place to stay.
Sex Trafficking
Involves commercial sexual exploitation.
Labor Trafficking
Involves forced work, and it appears in industries such as construction, agriculture, restaurant work, domestic service, and cleaning services.
Texas law recognizes these two broad categories, and both may support a civil claim.
Size, Highways, and a Border
How trafficking operates across Texas
Texas has size, highways, and an international border, and traffickers use all three. The United States Department of Justice has identified Interstate 10 between El Paso and Houston as a major trafficking corridor, and movement along interstate routes is part of what makes exploitation in Texas difficult to see and difficult to stop.
The Office of the Attorney General of Texas notes that Texas is frequently described as having the second highest number of human trafficking incidents and victims in the country, while also acknowledging something important, which is that no existing data source is complete.
That candor matters. If the official count is uncertain, then the number of survivors who never appear in any report is larger still, and a survivor who was never identified by anyone may still have legal options.
Certain settings appear repeatedly in Texas cases, including:
Budget lodging along highway exits and near airports
Truck stops
Massage businesses and other storefront operations
Residential properties rented for short stays
Online platforms used to recruit
In each of these settings, someone other than the trafficker may have profited from what happened.
The Heart of a Texas Lawsuit
Who may be held responsible under Texas and federal law
This is the heart of a Texas human trafficking lawsuit. Civil law is not limited to the trafficker.
The State Claim
Texas Civil Trafficking Liability
Texas maintains its own civil law creating liability for trafficking of persons. Under that law, a defendant who engages in trafficking, or who intentionally or knowingly benefits from participating in a venture that traffics another person, may be held liable to the person trafficked for damages arising from that trafficking.
Two features of the Texas approach deserve attention. First, the law states plainly that it is not a defense that a defendant was acquitted, was never prosecuted, or was convicted of some different offense. A survivor does not need a criminal conviction in order to bring a civil claim. Second, the Texas legislature directed that this law be construed liberally to promote its purpose of protecting people from trafficking and providing adequate remedies.
The Parallel Claim
Federal Trafficking Liability
The federal Trafficking Victims Protection Reauthorization Act allows a survivor to sue anyone who knowingly benefits from participation in a venture that the defendant knew, or should have known, was engaged in trafficking.
The federal standard reaches conduct where a business should have known, which in many cases is a different question than whether it actually knew. For that reason, a Texas trafficking survivor may have claims under both federal and Texas law, and the two are often pursued together.
Businesses that may be named
Depending on the facts, potential defendants in a Texas human trafficking lawsuit may include:
- Hotels, motels, and extended-stay properties where exploitation occurred
- Franchisors and management companies, in addition to individual property owners
- Bars, clubs, and sexually oriented businesses
- Property owners and landlords who leased space used for trafficking
- Employers and labor contractors that benefited from forced work
- Online platforms used to recruit or advertise
Unusually Strong Protections
Texas protections that survivors should know about
Several features of Texas law are unusual, and they are the reason Texas is often regarded as a comparatively strong state for civil trafficking claims.
Liability That May Reach Individual Owners
Texas amended its civil trafficking law in 2015 to add liability for shareholders and members of business entities. In narrow circumstances, where a survivor can show that a shareholder or member caused the entity to be used for the purpose of trafficking and did so for that person's own direct benefit, the individual may be held jointly and severally liable alongside the business. This provision is deliberately limited, and it will not apply in every case, but it may matter a great deal where a business has few assets and an individual owner was closely involved.
Joint and Several Liability
Texas law provides that a defendant found liable for trafficking damages may be jointly liable with other defendants for the entire amount. In practical terms, this may protect a survivor from being left with nothing when one responsible party is unable to pay.
Protection of a Survivor's Identity
Texas civil trafficking law contains a provision addressing confidential identity in certain trafficking actions. Filing a lawsuit does not necessarily mean a survivor's name becomes public, and privacy protections are among the first things to discuss before anything is filed.
Claims Against Online Platforms
The Supreme Court of Texas has held that the federal law that shields internet companies from many lawsuits does not bar state statutory trafficking claims against a platform accused of knowingly benefiting from a trafficking venture. That ruling opened a path in Texas that remains closed or contested in some other states.
You May Have More Proof Than You Think
Evidence that may support a Texas trafficking claim
Survivors often assume they have no proof. In practice, much of the useful evidence sits in the hands of the business, not the survivor, and it may be obtained through the legal process, including:
- Reservation records, folios, and payment histories
- Room key and access logs
- Surveillance footage and retention policies
- Housekeeping and maintenance reports
- Prior complaints, incident reports, and police calls to the property
- Staff training records and anti-trafficking policies
- Corporate structure, franchise agreements, and revenue records
You May Have More Time Than You Assumed
Time limits for filing a Texas human trafficking lawsuit
Texas provides longer filing periods for trafficking claims than for ordinary injury claims, though the specifics depend heavily on the facts.
- As a general matter, a civil claim arising out of human trafficking in Texas is subject to a filing period measured in years rather than months, and claims involving trafficking of a child are given substantially more time.
- A survivor's deadline may also be affected by their age when the trafficking occurred, by which claims are brought, and by whether federal law offers a longer period.
Because these questions turn on details, the only reliable way to learn where you stand is to ask. A conversation costs nothing, and it may tell you that you have more time than you assumed.
What You May Recover
Compensation that may be available
Texas trafficking survivors who bring a successful civil claim may be able to recover several categories of damages. Every case is different, and no outcome can be promised.
Economic Damages
May cover medical and mental health treatment, lost earnings, lost earning capacity, and the value of labor that was taken.
Non-Economic Damages
May cover mental anguish, emotional distress, and the loss of experiences and stability that exploitation took away. Notably, Texas law allows recovery for mental anguish in trafficking cases even where another injury is not shown.
Punitive Damages
Referred to in Texas as exemplary damages, these may be available where a defendant's conduct was particularly egregious. Texas law also allows a prevailing claimant to recover court costs and reasonable attorney's fees.
Our Approach
What working with Constant Legal Group looks like
Trauma-informed and survivor-centered
At Constant Legal Group (CLG), we represent survivors of human trafficking, and we do it in a trauma-informed and survivor-centered way. That is not a slogan. In practice it means you set the pace, you decide how much to share and when, and nothing moves forward without your understanding and consent.
A first conversation is usually just a conversation
You do not need documents, a police report, a criminal case, or a complete timeline. Many survivors do not have any of those things, and that alone does not end a claim.
We handle the legal complexity
From there, we look for the venture and the parties who may have benefited from it, we work to identify what records may exist, and we explain honestly what we think the path may look like, including the parts that may be difficult. We expertly handle the legal complexity so that you can focus on your health, your family, and your life.
Frequently Asked Questions
Regarding Texas human trafficking lawsuits
Do I need a criminal case or a conviction before I can file a civil lawsuit in Texas?
No. Texas law states directly that acquittal, a lack of prosecution, or a conviction for some other offense is not a defense to civil liability. A civil case stands on its own.
Can I sue a hotel in Texas rather than the person who trafficked me?
In some cases, yes. If a business intentionally or knowingly benefited from participating in a trafficking venture, it may be held responsible under Texas law, and the federal standard may reach a business that should have known. Many survivors pursue businesses because they are identifiable and able to answer for the harm.
Will my name become public if I file?
Not necessarily. Texas civil trafficking law addresses confidential identity in certain actions, and survivors may have options for protecting their privacy. This is one of the first things worth discussing.
What if the trafficking happened many years ago?
Texas allows more time for trafficking claims than for many other civil claims, and considerably more time for claims involving a child. The passage of years does not automatically close the door, though deadlines do exist and vary.
What if I was arrested during the time I was being trafficked?
Many survivors have arrest records that arose directly from their exploitation. That history does not disqualify you from bringing a civil claim, and it is something we are used to discussing without judgment.
How much does it cost to talk to an attorney about a Texas trafficking claim?
Nothing. Consultations are free and confidential, and there is no obligation to move forward.
Talk With Someone When You Are Ready
You do not have to decide anything today
You do not have to have the words ready. You do not have to be certain. You do not have to decide anything today.
We are here to hear your story, on your timeline and at your pace. If you are considering civil legal action, or you simply want to understand what Texas law might mean for your situation, a conversation is a place to start and nothing more than that.
Our consultations are free and confidential, with no obligation and no upfront cost. We only get paid if we recover compensation for you.
- Your information is confidential. You don't pay unless we win.
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