The Use of a Human Trafficking Expert Witness in Civil Cases
Clarifying Survivor Experience in Civil Litigation
Human trafficking cases don’t just belong in criminal court. Survivors often find themselves involved in civil litigation—as plaintiffs, defendants, or witnesses—where the full context of their exploitation is essential but not always well understood.
Civil cases may involve:
Tort claims against traffickers or third parties (e.g., hotels, employers, websites)
Immigration relief applications (T visas, asylum)
Custody or family law proceedings
Employment or housing discrimination cases
Civil rights or constitutional claims
How Experts Support Civil Cases
Explaining Complex Trauma: Survivors may struggle with memory, timelines, or emotional regulation. An expert can explain these as symptoms of trauma, not indicators of unreliability.
Reframing Credibility: When a survivor’s account appears inconsistent, an expert can clarify how trauma affects recall and disclosure. This can be crucial in bench or jury trials.
Clarifying Exploitation and Coercion: In tort or civil rights cases, an expert can show how traffickers exert control over victims, making apparent choices anything but voluntary.
Supporting Damages Claims: Experts can testify about the psychological, physical, and economic impact of trafficking, helping juries understand the depth and duration of harm.
Educating Judges and Juries: Many decision-makers have never received training on human trafficking. Expert testimony fills this gap and ensures more informed decisions.
When to Use an Expert
In discovery: to help frame interrogatories and deposition questions
In mediation: to support settlement negotiations with context and credibility
At trial: to provide foundational education and context for the factfinder
By bringing in a trafficking expert, civil attorneys can more effectively represent clients, contextualize conduct, and combat harmful misconceptions.
