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By Shaunestte N. Terrell, Terrell Advisory Group LLC
“…what I do have are a very particular set of skills… skills that make me a nightmare for people like you…I will look for you, I will find you, and I will kill you.”
As I type these words, I can hear Liam Neeson delivering that iconic line from the 2008 thriller Taken, where he plays an ex-special forces operative threatening human traffickers who have abducted his daughter. While the film effectively highlights an issue that has historically been under-discussed, it also misrepresents the realities of human trafficking, offering a skewed portrayal of the crisis.
Many folks watched the movie, lamented how sad and terrible it was, then breathed a sigh of relief that this sort of thing doesn’t happen in our community and went back to their regularly scheduled lives. However, as a former Deputy Prosecuting Attorney with the Marion County Prosecutor’s Office, who handled all trafficking cases in Indianapolis for several years, I can confirm that human trafficking is not just a distant problem. It is a daily reality in our city, though it looks quite different from the portrayal in the film.
Globally, human trafficking is an enormous issue, representing a $150 billion industry and being the second largest and fastest-growing criminal enterprise worldwide. However, the extent of trafficking in the United States and specifically in Indianapolis is often underestimated. The National Human Trafficking Hotline reported 10,573 trafficking cases in the U.S. in 2022. According to the Indiana Attorney General’s Office, nearly 2,000 trafficking cases have been reported in Indiana over the last decade. Furthermore, it is estimated that 83% of sex trafficking victims in the United States are U.S. citizens rather than foreign nationals. While these figures include both labor and sex trafficking, sex trafficking is notably more prevalent in Indianapolis. This issue remains under-recognized due to a lack of awareness about what trafficking actually entails.
Often, when people think of trafficking, they envision scenarios akin to those in Taken or sensationalized viral stories on social media about women narrowly escaping abduction. In reality, many trafficking victims in Indianapolis are vulnerable local teens who are coerced or manipulated into commercial sex acts. Traffickers exploit individuals who are already at risk—such as runaway youths, those struggling with substance abuse, or individuals living in poverty. They prey on these vulnerabilities, gaining the victims’ trust before exerting control. As one trafficker aptly stated, “Once I control the mind, I control the body.” Traffickers, whether intimate partners or organized criminal networks, exploit their victims’ fears and dependencies to maintain control. Although victims may seem to make their own choices, they are often trapped in a cycle of abuse and exploitation with seemingly no escape.
Victims are frequently arrested for prostitution or related offenses while they are trafficked. Due to a lack of awareness among many criminal justice professionals, these survivors often face the justice system as criminals, with little consideration for their victimization. Many attorneys are unfamiliar with the red flags of human trafficking, what to look for, or how to help. It is crucial for attorneys to understand human trafficking and the legal mechanisms available to support survivors.
Recently, the Indiana General Assembly has made significant progress in providing legal remedies for trafficking survivors. One of the most important developments is the state’s expungement law, which allows survivors to clear their criminal records for crimes committed as a result of their trafficking situation. Under Indiana Code § 35-38-9-10, survivors can petition the court to expunge records of offenses such as prostitution, drug possession, or theft, provided they can show that these actions were directly linked to their trafficking experience. Expungement serves as a vital tool for survivors, facilitating their reintegration into society by improving their access to employment, housing, and education—key factors in breaking free from exploitation and preventing re-trafficking. It also represents a form of justice, addressing the systemic failures that contributed to their victimization.
Human trafficking is a severe human rights violation that demands our immediate attention and action. By increasing our understanding of trafficking’s complexities, recognizing its signs, and knowing the available legal remedies, we can advocate more effectively for survivors. This collective effort is crucial. We invite you to join us on September 19, 2024 at noon at the CJC for a CLE featuring Miranda Nehrig of Freedom Network USA on criminal record relief for trafficking survivors. You can register at www.indybar.org/survivor.•
Shaunestte N. Terrell is a managing attorney Terrell Advisory Group LLC, a company specializing in advocating for survivors of sex crimes. Before she joined Terrell Advisory Group LLC, Terrell was a personal injury attorney at Cohen & Malad LLP where she focused her practice on helping survivors of sexual abuse through civil litigation. Before joining Cohen & Malad LLP, Terrell worked as the Domestic Violence/Sexual Assault Resource Prosecutor for the Indiana Prosecuting Attorneys Council. She’s an active member of IndyBar where she currently serves as a member of the Criminal Justice Section Executive Committee and is a graduate of the Bar Leader Series.
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