Defence for slavery or trafficking victims who commit an offence.
Victims of slavery or trafficking can be forced into several compromising situations which may exploit the victim to commit an offence. So, the law provides a defence for those who commit an offence because of forced slavery. The law defends victims over 18 who reasonably commit the act because they are compelled to do it and the compulsion is due to the victim’s slavery or exploitation, such as the victim feeling obligated to look after a sick person in a family who are exploiting them for their work without proper pay. The law also defends victims under 18 who have reasonably committed the act because of their exploitation.
Legal aid.
Legal aid is the production of legal services funded by the public. For victims of slavery, there is civil legal aid available to assist victims in their recovery from the exploitation they have experienced.
There are three areas of Legal Aid that may help a victim of slavery, they are:-
- The provision of an application to leave, enter or remain in the UK;
- Help them to claim under employment law due to their forced labour; and
- Assist them in claiming damages arising from their slavery.
Independent child trafficking advocates.
Did you know that the Secretary of State is required to enable people to be available to represent and support victims of human trafficking, under 18? These people are independent child trafficking advocates. They must promote the child’s well-being and best interests while assisting with legal advice. Spread the word because this should be more widely known information, so victims feel more protected by the state.
Guidance about identifying and supporting victims.
There are three things that the Secretary of State must issue guidance about:
- What are the signs that someone may be a victim of slavery or human trafficking?
- What support is available to those who are reasonably believed to be victims of slavery or human trafficking?
- How will it be determined if someone is a victim of slavery or human trafficking?
Presumption about age.
A victim will be assumed to be aged under 18 if this is a reasonable belief and their age cannot be determined. This is important for authorities to consider when they are aiding victims as children are more vulnerable and hence less likely to demand a decent wage or standard of working conditions. This makes children an easy target for exploitation, which is why the authorities give special attention to those presumed to be under the age of 18.
Through familiarity a child may not be aware they are being abused in this way, thinking it is the normal way to live, as such they may simply not speak out or seek a change.
Warning signs that should be reported to Social Services or the Police would include:-
- Rarely leaving the house
- Living apart from family or having limited social contact with friends and family
- Living somewhere inappropriate, like a work address or cramped, unhygienic or overcrowded accommodation, including caravans, sheds, tents or outbuildings
- Being seen in inappropriate places (for example factories or brothels)
- Having their movements controlled or being unable to travel on their own
- Lacking personal items
- Consistently wearing the same clothes
- Not being registered with a school or a GP practice
- Having money or things you wouldn’t expect them to have
- Being moved by others between specific locations (e.g. to and from work), which may happen at unusual times such as very early in the day or night
- Being unsure, unable, or reluctant to give details such as where they live
- Fearful or withdrawn behaviour
- Being involved in gang activity
- Being involved in the consumption, sale or trafficking of drugs
- Having their communication controlled by somebody else and acting as though they are being instructed by another person
- Tattoos or other marks indicating ownership
- Physical ill-health, looking unkempt or malnourished
- Physical injury, including the kinds of injuries you might get from a workplace
- Reluctance to seek help, avoidance of strangers, being fearful or hostile towards authorities
- Providing a prepared story (which might be similar to stories given by other children) or struggling to recall experiences
- Inconsistent accounts of their experiences
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