Wisconsin Assembly Bill AB974

Wisconsin 2023-2024 Regular Session

• Introduced: 1/18/24
• Refer: 1/18/24
• Report Pass: 2/7/24
• Refer: 2/7/24
• Engrossed: 2/15/24
• Failed: 4/15/24

Caption

The civil causes of action for human trafficking and trafficking a child.

Impact

This bill aims to enhance the legal mechanisms available to victims of trafficking, potentially increasing the accountability of traffickers. By allowing civil actions to survive the lack of a criminal conviction, the legislation addresses a key barrier that many victims face in pursuing justice. The potential for recovering damages, including punitive damages capped at treble the amount of actual damages incurred, could serve as a critical tool for victims seeking compensation for their suffering. Additionally, the alteration in the statute of limitations from a three-year limit to the age of 35 allows young victims the time needed to come forward and seek justice without the immediate pressure of legal deadlines.

Summary

Assembly Bill 974 proposes significant changes to the civil causes of action related to human trafficking and child trafficking in Wisconsin. Specifically, the bill allows victims of child trafficking to bring civil actions against their perpetrators regardless of whether there has been a prosecution or conviction. This change reflects a shift towards empowering victims by extending their legal rights and options for seeking justice, which has not been uniformly achievable under previous legislation where the timeframe for filing claims was limited to three years following the injury. The new law would specify that victims must file their claims before they reach the age of 35.

Contention

The introduction of AB974 has sparked debates among lawmakers and advocacy groups. Proponents argue that the bill is a necessary step towards strengthening victim protections and promoting healing for those affected by trafficking. There is a consensus among support groups that empowering victims with more legal options can lead to better outcomes and a higher likelihood of perpetrators being held accountable. However, some critics express concerns regarding potentially frivolous lawsuits against individuals accused of trafficking, arguing that available protections should balance the rights of victims with fair treatment of the accused. The discussions around this legislation highlight the ongoing complexities in addressing human trafficking and balancing victim rights with due process.