Human trafficking is a horrible crime that affects millions of people around the country and around the world. However, when lawmakers are trying to address the issue, they must do so carefully. They must walk a fine line between cracking down on crime, and still upholding the rights of citizens. That includes those that have been accused of a crime. In May 2019, they may have crossed the line with new measures for those accused of human trafficking.
“The new law certainly has good intentions,” says John S. Berry, Jr. of Berry Law. “Human trafficking is a serious crime that we all want to see prevented. When legislators are making these laws, though, they sometimes do not adequately consider the impact on those who are accused but not guilty. For these individuals, the new laws present potential violations of privacy, and may mean they live in fear of being accused of a crime they did not commit.”
If the new law is passed, that could sadly become a reality for some. The new law allows law enforcement to wiretap the phone of a person accused of human trafficking. While this is legal in Nebraska, it still does not make it right. An innocent person should have the right to have a private conversation on their phone.
The law will also extend the statute of limitations from three to seven years, and abolish it altogether for children. The argument for this, as with all sexual crimes, is that victims often need time to sort through their feelings and process what happened before coming forward.
Lastly, and perhaps the worst part of the new bill is that it will extend the sentencing for those convicted of human trafficking by several years. Many may face decades in jail. This is excellent news, if the accused is actually guilty. As we know in Nebraska though, many times innocent people are accused of a crime they did not commit. For these people, it means stripping them of their freedom, possibly for the rest of their lives, without reason.
The new bill has not been made into law yet. However, it was approved unanimously during the first round and so, may easily pass through. It is for this reason that anyone charged with human trafficking must speak to a defense lawyer that can help. The stakes are becoming much higher, and a criminal defense attorney can help ensure those accused retain their freedom.
