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by The Stoddard Firm - June 25th, 2022
Whether you’ve been casually following the story of bill SB-461, or you’re just now hearing about it being signed into law, you might be wondering how human trafficking could ever have been considered anything but a serious crime.
Using force, deception, or other methods to coerce people into providing commercial sex or other unregulated labor is an obvious violation of human rights. The human trafficking industry ruins lives, and the fight to eliminate it has passionate bipartisan support here in Georgia.
So, why was its status as a serious crime ever in question?
Well, the short answer is that a “serious crime” isn’t really a hard-and-fast category of offenses.
In some contexts, the term is synonymous with “felony.” In others, it includes only certain violent felonies, and in still others, it may include some misdemeanors as well.
Pieces of legislation governing how serious crimes are to be handled often include built-in lists, specifying exactly which crimes they apply to. The lack of a standardized list allows for more flexibility in addressing different kinds of serious crime. Unfortunately, it also means that these individual lists aren’t always thorough, and may need updates and modifications.
The new bill, SB-461, specifically modifies Georgia code 17-6-1, which has to do with which offenders qualify for bail.
Under the old version of 17-6-1, suspects charged with kidnapping, rape, or aggravated sexual battery already required special approval from a superior court judge to qualify for bail. Many people who are arrested for human trafficking are charged with one of these offenses as well, but not all.
Now, thanks to SB-461, suspects charged with human trafficking are automatically subject to the same bail restrictions, regardless of any other charges.
Whenever a law changes, the big question is, what practical effect will the change have on people’s lives?
SB-461 doesn’t change anything about the legal definition of human trafficking or the sentences for it, but it does change how easily suspected traffickers can resume business as usual. Georgia’s First Lady, Marty Kemp, who championed the bill, has stated that some human traffickers were previously able to return to victimizing people within hours of being arrested.
Restricting bail for suspected traffickers not only makes it harder for them to flee the charges against them; it disrupts their business model. Most human trafficking activities involve exerting close social control over victims. The longer perpetrators are out of contact with their victims, the better chance the victims have of escaping and recovering.
Like any adjustment to criminal law, SB-461 won’t do much to help the survivors who have already escaped active trafficking, but are struggling to rebuild their lives. It also won’t upend the human trafficking industry all by itself.
The problem is that most individuals who are arrested for human trafficking don’t have much power beyond the force or manipulation they use to control their direct victims. They’re low-level criminals who are easily replaced and don’t keep enough of their revenue to be able to reimburse victims, even when ordered to in court.
Often, the best-funded and most indispensable conspirators in human trafficking are actually legitimate-seeming businesses, such as hotels that quietly harbor sex trafficking transactions.
The Stoddard Firm helps human trafficking survivors collect the compensation they need, while disrupting trafficking on a higher level, by suing hotels and other complicit business. Georgia law even allows sex trafficking survivors to pursue these cases anonymously, to avoid stigma and retaliation.
If you have ever been trafficked and are interested in pursuing civil justice, reach out any time to learn more about your options.
A dedicated, ethical advocate who spent years defending major corporations in serious injury and wrongful death cases before switching sides to fight for families who have lost someone. Known for high-profile wrongful death trials featured on Courtroom View Network, he is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, he works tirelessly to pursue accountability and deliver results for families facing catastrophic loss.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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