Governor Abbott Signs Texas Affirmative Defense Law to Provide Much Needed Support to Survivors of Modern Day Slavery

Last week, Governor Greg Abbott signed into law the Texas Affirmative Defense and Trafficking Survivors Relief Act, a major step forward in supporting survivors of human trafficking and addressing the injustices they often face within the criminal justice system. This newly enacted legislation acknowledges the difficult reality that many trafficking survivors are coerced into committing crimes while under the control of their traffickers. These crimes, which can include drug possession, theft, or prostitution, are often the result of manipulation, abuse, and fear. Until now, survivors in Texas had limited legal recourse to challenge these convictions or explain the circumstances that led to their involvement in criminal activity.

With the passage of this law, survivors now have the right to present what is known as an affirmative defense in court. This means they can offer evidence that they were compelled to commit a crime due to being trafficked, giving judges the ability to dismiss charges or remove penalties associated with these charges.. Importantly, the law also provides a path for post-conviction relief. Survivors who were previously convicted of non-violent offenses committed under coercion can now petition the court to have those convictions overturned or removed from their criminal records. This aspect of the law aims to remove the lifelong barriers many convicted survivors face, whether that be employment, housing, or education. For many survivors, clearing their record is a crucial step in rebuilding their lives.

The Texas Affirmative Defense is a reflection of a federal legislative effort, the Trafficking Survivors Relief Act, which shows a growing awareness across the country that victims of human trafficking should not be punished for crimes they were forced to commit. Over the past decade, a number of states have implemented similar laws aimed at correcting these systemic failures and providing survivors with the support they need. This law places Texas in line with a national bipartisan movement to ensure that survivors are treated with fairness and compassion.

Governor Abbott’s decision to sign the Act into law has been praised by survivor advocacy groups, human rights organizations, and members of the legal community. The law helps to correct long-standing injustices while also sending a clear message that the state is committed to both ending human trafficking and protecting those who have suffered because of it. 

Looking ahead, successful implementation of the law will depend on training for law enforcement officers, prosecutors, and judges to ensure that survivors are identified and treated appropriately under the new legal framework. Advocates also stress the importance of continued support services for survivors, including legal assistance, counseling, and access to housing and job training programs. The signing of this law marks a meaningful victory for trafficking survivors in Texas and represents a compassionate shift in how the state approaches justice for some of its most vulnerable residents.