For most people, a hotel is a place of refuge following a long drive, during a fun vacation, or at the end of a day of business. For others, a hotel represents a reality darker and more dismal than most of us could fathom.
Hotels and motels are the second most-reported venue for sex trafficking in the United States, following illicit massage spa businesses. In a study of federally prosecuted human trafficking cases, 1,062 hotels or motels were identified as crime locations across 2,500 cases.
For many years, the only party held legally responsible for such horrific crimes was the traffickers themselves. But now, we are increasingly seeing the hospitality industry hauled into court for its complicity, and sometimes even its encouragement, of the atrocities occurring within its walls.
How are hotels held liable for sex trafficking?
Under the Trafficking Victims Protection Act (TVPA) of 2000, amended by the 2003 Trafficking Victims Protection Reauthorization Act (TVPRA), a survivor of human trafficking can bring a case against any person or entity that financially benefited, or attempted or conspired to benefit, from his or her victimization, and knew or should have known that the activity violated human trafficking law under 18 U.S. Code § 1595.
This does not mean a hotel is expected to somehow know everything that occurs within the walls of each room. However, federal liability may arise when circumstances clearly point toward exploitation occurring within the rooms of the hotel, and no action is taken, or when employees assist traffickers in carrying out their activities.
The case Ricchio v. McLean, filed in 2015, paved the way for holding the hospitality industry responsible in sex trafficking cases as the first lawsuit brought against a hotel under the TVPRA. The U.S. Court of Appeals for the First Circuit found the hotel owners, who had previous commercial dealings with Ricchio’s trafficker, McLean, were aware of Ricchio’s victimization and denied her plea for help. Appallingly, the case described McLean and one owner exchanging high-fives in the motel parking lot and discussing “getting this thing going again.”
Coupled with their observation of “McLean’s coercive and brutal behavior to a physically deteriorating Ricchio,” the Court found it plausible that the owners knew Ricchio was a victim of human trafficking and sought some benefit from her exploitation. Consequently, the Court reversed the district court’s dismissal of Ricchio’s claims. The case settled in 2019.
Sex trafficking lawsuits against hotels are on the rise
In the decade following Ricchio v. McLean, lawsuits against hotels and motels have increased, with over 600 cases naming a hospitality-industry defendant. Victims are seeking justice not only from traffickers, but also from the establishments that provide a space for their exploitation to occur.
Last month, a federal jury in Georgia returned the largest sex trafficking verdict in United States history. A survivor identified as J.R. received $164 million in damages from the operator of Super 8: $44 million in compensatory damages, and $120 million in punitive damages, representing $1 million for each of the 120 days J.R. was trafficked.
Testimony showed J.R. was denied help from a hotel employee while attempting to escape, and some of the employees received compensation for watching for and warning traffickers of police presence. J.R. was only 15 years old when she was sold for sex at this hotel.
Currently, lawsuits in Houston and Orlando allege hotel operators had knowledge of trafficking within their properties and profited from the activity. A victim in the former case stated the hotel staff observed her trafficker with a “rotating cast of minors” as men came in and out of her room and did not intervene. Women in the latter case stated they stayed at the hotel between 500 and 600 times over seven years. Their attorney suggested hotel operators are aware of what occurs, and “[i]t’s actually part of their business plan.”
What does the Bible say about human trafficking and injustice?
The grim reality of thousands of people, unique individuals whom God loves and knows by name (Isaiah 43:1), being sold for their bodies in hotel rooms all across our country is sickening. Perhaps equally sickening is the thought of hotel operators who are in the position to help victims but choose instead to either ignore what they see or, worse, choose instead to participate in their exploitation for their own profit.
The Bible is clear that there is a consequence for turning the other way when we see people “being taken away to death.” We may claim ignorance, but “does not he who weighs the heart perceive it?” (Proverbs 24:11-12). God does not overlook even a sparrow falling to the ground (Matthew 10:29), and he certainly does not overlook our cries (Psalm 18:6). He sees every victim of human trafficking, and he sees those who have knowledge and argue I didn’t know.
He does not close his eyes when he sees harm being done to one of his beloved children, and neither should we. We are called not just to refrain from participating in evil, but to actively “seek justice” and to “correct oppression” (Isaiah 1:17). Evil flourishes with silent bystanders, and hope arises when people speak up.
Next time you observe injustice occurring around you, how will you respond?
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