Sex trafficking involves trafficking people for the purpose of sexual exploitation. Some common examples include recruiting minors to run away from home or facilitating illegal immigration into the United States. Traffickers sometimes present themselves as legitimate businesses, perhaps advertising that they will help people find jobs or apartments. Once they recruit a victim, however, traffickers use coercion or even violence to force victims into sex work.
In many cases, trafficking victims are taken to hotels, which are popular spots due to their anonymity. So many people come and go that hotel staff often cannot remember names. Traffickers can pay for the rooms in cash, concealing their identities and purposes. Some traffickers have run prostitution rings out of motel rooms.
At Stewart Miller Simmons Trial Attorneys, our Atlanta sex assault lawyers have spent years holding abusers accountable. There is a place for civil claims for sexual assault. We might even sue a hotel or motel if it failed to provide reasonable security or simply looked the other way as trafficking victims were exploited. Call us to speak in a private consultation.
When Hotels Are Liable for Sex Trafficking
First, it’s important to realize that a hotel is not automatically liable if a trafficking victim is taken to the hotel. Instead, we need to know more about the situation. For instance, did the hotel have reason to be suspicious? Did a victim ask hotel staff for help?
A hotel or motel must act reasonably when providing security to guests. That doesn’t mean the hotel guarantees that no one will ever be victimized by crime. But the business’s behavior must be reasonable.
In the past few years, many hotel and motel chains have faced trafficking lawsuits:
- Four women sued Red Roof Inn PLUS Atlanta Buckhead and Red Roof Inn Atlanta-Smyrna for being trafficked at the hotel. They alleged hotel staff served as lookouts and notified traffickers of any police presence.
- Trafficking victims sued a total of 12 hotels in 2019 for either knowing women and children were being sold as sex slaves or for ignoring warning signs. Defendants included Best Western, Hilton Continental, and other leading hotel chains.
If staff literally conspire with traffickers, then there is little dispute that the hotel probably has some liability. But even negligence, such as turning a blind eye to suspicious behavior, might be enough. Certainly, a hotel does not act reasonably by overlooking signs of criminal activity on the premises or flat out refusing to call the police.
These cases have made headlines and forced changes in the hospitality industry. Today, hotels and motels should notify law enforcement if they suspect trafficking, and they should share information about possible criminals.
Examples of When a Hotel Could Be Liable
Here are some situations where your attorney might sue a hotel or motel:
- Staff know trafficking is happening but say nothing to management or the police.
- Hotel staff help cover up trafficking, dispose of evidence, or warn of the presence of police.
- A chain has a history of overlooking evidence of trafficking.
- A victim asks a staff member for help, but the staff never follows up or reaches out to law enforcement.
Each case is unique. Hotel chains have powerful firms defending them, so you should never take on a gigantic corporation on your own.
Compensation for Trafficking Survivors
Many trafficking victims who escape suddenly feel overwhelmed. Although happy to be free, they can struggle to support themselves. Some may be underage, while others are in the country without legal permission and have few options. They have expenses and no obvious way to support themselves.
A sex assault lawsuit might be the right step to take. Victims often feel empowered seeking accountability in the form of financial compensation for medical bills, lost wages, and pain and suffering. Mental distress is often considerable.
The civil system exists side by side with the criminal justice system. The state or federal government might choose to prosecute a trafficker criminally. But victims have the option of filing their own civil suit against their abusers, as well as any third party (like a motel) that facilitated the crime.
You are entitled to compensation even if you are not in the country legally. However, there are important considerations involved with coming forward, and you should schedule a meeting with an attorney.
Hotels and Motels Have Duties to Victims
Hotel chains cannot turn a blind eye to the realities of sex trafficking. Each year, more than 25 million people are trafficked around the globe. Although reliable statistics for the U.S. are scarce, probably millions are trafficked in our country. Many come from foreign countries and are enticed to emigrate by promises of work or education. When they arrive, they quickly discover they have been misled, and they are forced to perform sex work.
Hotel and motel chains should respond appropriately, which can include:
- Sufficiently training staff to identify signs of trafficking and how to respond appropriately
- Putting policies in place for notifying law enforcement when sex trafficking is suspected.
- Coordinating and helping law enforcement when they investigate trafficking.
- Firing employees who conspire with traffickers or accept payment to warn of a police presence.
- Creating company-wide policies and training programs for all staff.
A lawsuit for sex trafficking does more than compensate victims. These claims can also force change in the hotel industry. We can make it harder for traffickers to gain a toehold in Atlanta and surrounding areas by creating incentives for hotels to be more proactive in reporting suspicious activity.
Call Our Office for More Information about Your Legal Rights
Sex trafficking is a serious, worldwide problem. Sometimes the problem ends up in the Atlanta area, with many victims taken to hotels or motels. Contact Stewart Miller Simmons Trial Attorneys if you were victimized by sex trafficking and have questions about their legal rights. You can contact us at (404) 529-3476.
We can discuss the state of the law and whether you have a strong legal argument to hold a hotel or motel accountable. Our consultations are always confidential, and free.