The Trial Lawyer Fall 2022 | Page 75

World Day Against Trafficking In Persons
On Saturday , July 30 , the world paused for freedom . Nearly ten years ago , in 2013 , the United Nations adopted a resolution designating July 30 as World Day Against Trafficking in Persons . The UN declaration included a statement that it was “ necessary to raise awareness ” and “ promote the protection and rights of victims .” Fittingly , the legal wins this week show a marked improvement since 2013 — with a criminal trial that protects and prevents further victims and a civil case that shows how far survivors can go when they exercise their rights .
Federal Judge Ruled It Was Reasonable To Conclude That Visa Facilitated Criminal Activity
On Friday , July 29 , Visa suffered a major setback as a defendant in a case ( Fleites v . MindGeek ) where the company is allegedly liable for Pornhub ’ s distribution of child pornography . U . S . District Judge Cormac Carney of the U . S . District Court of the Central District of California denied Visa ’ s motion to dismiss the claim that by processing payments for child porn , the company had violated California ’ s Unfair Competition Law .
“ Across the board , we are slowly lifting the veil of impunity ,” said Carissa Phelps , attorney at Levin Papantonio Rafferty , a national law firm that is representing survivors of Human Trafficking , including those who suffered injuries as a result of Pornhub ’ s distribution of child sex abuse material ( CSAM ). “ Courts and prosecutors are applying the law equally , finding that liability for sex trafficking and CSAM extends to third parties that support and benefit from these harmful acts ,” Phelps said .
Phelps pointed out that for some businesses their role in sex trafficking may be more than a passive third-party beneficiary , adding that intending to take part or to support a trafficking venture for any reason may give rise to criminal liability .
“ Profit ,” Phelps said , “ is one reason we see companies and individuals look the other way . The driver behind companies and individuals to exploit human beings or re-exploit videos and images is usually tied to one thing — money .”