The Use of a Human Trafficking Expert Witness in Criminal Cases
Why Expert Testimony Is Critical for Justice and Survivor-Centered Outcomes
In criminal cases involving human trafficking, the stakes are high—and the legal system often struggles to understand the complexities of trafficking dynamics. Survivors may be arrested for conduct directly resulting from their exploitation, such as prostitution, drug offenses, or theft. They may appear to “protect” their traffickers, deny being victims, or exhibit behaviors that don’t align with the stereotypical image of a “perfect victim.”
This is where a qualified human trafficking expert witness can play a pivotal role.
What Is a Human Trafficking Expert Witness?
A human trafficking expert witness is someone with specialized knowledge, training, and experience in identifying trafficking dynamics, survivor behavior, trauma responses, and patterns of coercive control. They are often called to:
Testify in court
Consult with defense teams
Educate judges, prosecutors, or juries
Support motions to vacate convictions or reduce charges
How Experts Help in Criminal Cases
Explaining Survivor Behavior: An expert can explain why survivors may return to their traffickers, resist help, lie to law enforcement, or commit crimes under coercion. Without this context, these behaviors are often misinterpreted as dishonesty or guilt.
Demonstrating Coercion and Control: Experts can identify signs of coercive control, grooming, threats, isolation, and dependency that shaped the survivor’s actions.
Contextualizing Forced Criminality: When survivors are charged with crimes they were forced to commit, expert testimony can be used to support defenses like duress or necessity—or to humanize the client during plea negotiations or sentencing.
Vacatur and Post-Conviction Relief: In jurisdictions with vacatur laws, experts can support petitions to vacate convictions stemming from trafficking, helping survivors clear their records and move forward.
When to Involve an Expert
Experts can be brought into the case at any stage from investigation, pre-trial, and post-conviction to:
Inform case strategy
Shape motion practice
Provide guidance on trauma-informed interviewing
Help prosecutors, judges and juries understand the full context
Even if the expert doesn’t testify at trial, their behind-the-scenes consulting can shape the outcome of the case.
