Facing a human trafficking charges is terrifying. The penalties are severe, and the stakes couldn’t be higher. This guide explains the law in plain language and breaks down the defenses that may be available to you.
What the Law Says About Human Trafficking Charges
Massachusetts has two main human trafficking laws—one for sex trafficking and one for forced labor.
Sex Trafficking (M.G.L. c. 265, § 50)
The government must prove you knowingly recruited, transported, harbored, or obtained someone for commercial sex acts. They can also charge you if you knowingly received money or anything of value from this activity.
Labor Trafficking (M.G.L. c. 265, § 51)
This law covers forcing someone to work against their will. The government must prove you knowingly recruited, transported, or harbored someone knowing they would be forced to provide labor or services.
The Penalties Are Harsh
According to M.G.L. c. 265, § 50, if convicted, you face 5 to 20 years in state prison and fines up to $25,000. If the victim is under 18, the sentence increases—potentially life in prison with a minimum of 5 years before you’re eligible for parole.
Based on M.G.L. c. 265, § 51, there’s no early release. You cannot get probation, parole, work release, or good behavior credits until you serve at least 5 years.
Defense #1: You Didn't Know
The word “knowingly” in these laws is crucial. The prosecution must prove you knew what was happening.
Think of it this way: if you rented an apartment to someone, you’re not automatically guilty of trafficking just because they used it for illegal purposes. The government must prove you knew they would engage in prostitution or forced labor.
Real examples where knowledge matters:
You gave someone a ride, but didn’t know where they were going or what they would do
You employed workers through an agency and didn’t know they were being exploited
You allowed someone to stay in your home without understanding the full situation
Massachusetts courts have emphasized that these cases hinge on what you intended and whether you acted with criminal knowledge. f you genuinely didn’t know, you may have a strong defense.
Defense #2: Constitutional Rights Violations
Police must follow strict rules when investigating crimes. When they break these rules, the evidence they gather cannot be used against you.
Illegal Searches
If police obtained evidence illegally or violated your constitutional rights, that evidence can be thrown out. Sometimes this leaves prosecutors with such a weak case they must dismiss the charges entirely.
Common violations include:
Searching your phone without a warrant
Entering your home without permission or a warrant
Stopping your car without valid reason
Seizing your property illegally
When evidence gets suppressed, everything connected to it also gets thrown out. If police illegally searched your phone and found text messages, those messages disappear. If they found a witness because of that illegal search, that witness testimony may also be excluded.
Forced Statements
Police must read you your Miranda rights before questioning you in custody. If they don’t, or if they pressure you into talking after you ask for a lawyer, those statements cannot be used against you.
In trafficking cases, what you said about your knowledge or intentions often becomes central evidence. Challenging how police obtained those statements can make or break the case.
Defense #3: Challenging the Evidence Itself
The government must prove every element beyond a reasonable doubt. Your attorney can challenge their evidence at every turn.
One defense strategy involves challenging whether force, fraud, or coercion actually occurred—potentially showing the alleged victim acted voluntarily.
Questions your attorney might raise:
Does the evidence really show you knew about the trafficking?
Are there alternative explanations for your actions?
Did the alleged victim act freely without coercion?
Can the prosecution actually prove what they claim?
Expert witnesses often help explain the complex dynamics of these cases. They can provide alternative interpretations of the evidence and help the jury understand reasonable doubt.
Defense #4: Duress (Limited Application)
Massachusetts law recognizes that sometimes people commit crimes because someone threatened them with death or serious bodily harm. To use this defense, you must show the threat was immediate and you had no way to avoid it.
This defense is difficult to use in trafficking cases, but it applies more commonly when trafficking victims are charged with related crimes. Massachusetts specifically allows trafficking victims to use their victimization as a defense to prostitution charges.
What Makes These Cases Different
Trafficking investigations often involve:
Extensive surveillance
Undercover operations
Financial record analysis
Cell phone data extraction
Confidential informants
Each of these investigative techniques must follow legal rules. Your attorney needs to examine every step police took and identify any constitutional violations.
Why Early Legal Help Matters
These cases move quickly. Evidence gets gathered, witnesses get interviewed, and prosecutors build their case. The earlier you have an attorney, the better they can:
Protect you from saying something damaging
Preserve evidence that helps your defense
Challenge illegal police conduct immediately
Begin investigating the facts independently
Negotiate before formal charges if possible
Bottom Line
Human trafficking charges are serious, but they are not automatic convictions. The government must prove you acted knowingly and with criminal intent. They must follow constitutional rules when gathering evidence. And they must prove every element beyond a reasonable doubt.
Your attorney’s job is to hold them to that burden, challenge weak evidence, and protect your rights at every stage. With the right defense strategy, you may be able to avoid conviction, get charges reduced, or achieve a better outcome than you thought possible.
If you’re facing these charges, don’t wait. Contact an experienced Boston criminal defense attorney who knows how to fight trafficking cases and protect your future.
