How the Criminal Legal System Fails Black Women and Girl Survivors of Human Trafficking
January is National Human Trafficking Prevention Month, a time to honor survivors, increase awareness of human trafficking, and examine the systemic factors that create pathways to exploitation. Human trafficking is the use of force, control, or coercion to exploit individuals for labor, services, or sex. Black women and girls are disproportionately impacted, not only because systemic failures such as inadequate housing, involvement in the child welfare system, or unaddressed mental or behavioral health concerns that leave them vulnerable to trafficking, but also because they are often criminalized for their acts of survival. At the National Black Women’s Justice Institute, we aim to end the criminalization of Black women and girls by highlighting the unique barriers they face, advocating for survivor justice, and creating pathways to healing and recovery.
Understanding System Failures
Systemic inequities increase the vulnerability of Black women and girls to trafficking while simultaneously leading to their criminalization. For instance, Black children are overrepresented in the foster care system, a known risk factor for trafficking; Black children are 50% more likely than white children to be placed in foster care. Black girls are overrepresented, making up 23% of girls in foster care and only 15% of the national population. This instability leaves Black girls particularly exposed to exploitation and, therefore, also at risk of being criminalized for acts of survival.
Housing insecurity further compounds these risks. In Los Angeles County, for example, which has one of the highest unhoused populations in the nation, Black women account for 27% of the unhoused population but only 7.9% of the general population, highlighting disproportionate systemic failures. Without stable housing, many are forced into dangerous environments where traffickers prey on their vulnerabilities: for example, women may be coerced into exchanging sex for money.
Additionally, formerly incarcerated Black women experience higher unemployment rates than any other demographic group, intensifying their economic instability—a key risk factor for trafficking.
These systemic failures do not end with victimization. Instead, they intersect with the criminal legal system: For example, women and girls who have been trafficked may be forced to exchange sex for money. This, in turn, may lead to police arresting them on prostitution-related charges because Black women and girls are often recognized as perpetrators rather than victims. Acts of survival, such as engaging in sex work, are frequently viewed through a punitive lens rather than for what they are: acts of survival brought on by abuse, trauma, or systemic inequities. This criminalization not only exacerbates harm but also denies survivors the justice and support they need to heal.
The Criminal Legal System's Role in Survivor Justice
Black survivors of trafficking face systemic barriers to justice, including being misidentified as perpetrators and criminalized instead of being understood and treated as victims: For example, Black girls are arrested for prostitution-related offenses at rates 4.5 times higher than white youth.
Examples of System Failures and Their Impact on Black Survivors
The experience of Chrystul Kizer exemplifies these system failures. At 16 years old she was preyed on by a 34 year old man who groomed and exploited her need for resources to survive due to a long history of economic and housing instability, as well as violence in her home. Despite substantial evidence of her abuser’s actions, including video recordings of the sexual abuse inflicted on her and other underage Black girls, he was released from custody and remained free. Months later, as the abuse continued, Chrystul refused her abuser’s advances and killed him while trying to escape. And although Wisconsin has a law in place intended to protect trafficking victims and the district attorney recognized Chrystul as a victim of trafficking, she was still sentenced to 11 years in prison.
Similarly, Pieper Lewis’s experience highlights how survivors are punished rather than acknowledged as victims and supported. After being charged with manslaughter in connection to the death of a man who trafficked and sexually abused her beginning at age 15, Pieper was ordered to five years probation without early release. During that time she was required to complete 200 hours of community service each year for three years and sentenced to pay $150,000 in restitution to her rapist's family. She was placed in a restrictive women's facility that required her to pay rent and ordered to wear a GPS-tracking device as an alternative to prison. Instead of receiving the treatment needed to help Pieper heal from the abuse and build a healthy lifestyle, she was forced to navigate restrictive—rather than supportive—probation requirements resulting in her being rearrested two months after being sentenced. These responses prioritize punitive measures over trauma-informed care, compounding harm rather than facilitating healing.
These cases reflect the urgent need to dismantle systemic failures that perpetuate harm and criminalize survivors. Black women and girls deserve survivor-centered approaches that prioritize safety, healing, and accountability for those who exploit and harm them.
What Needs to Change
Human trafficking crimes are deeply rooted in larger systemic issues and failures that disproportionately impact Black women and girls. Addressing these issues requires intentional and transformative changes in how the criminal legal system approaches survivor justice.
To protect Black women and girls, the criminal legal system must adopt survivor-centered approaches that are gender- and culturally-affirming and trauma-informed. This means recognizing the unique vulnerabilities and experiences of Black survivors and prioritizing their safety and healing over punishment. Survivor justice requires dismantling the systemic barriers that perpetuate harm, such as housing insecurity, inadequate mental health resources, and the criminalization of survival.
Organizations like MISSSEY and Journey Out are leading efforts to support survivors by providing holistic services that address these systemic gaps. We encourage you to learn more about their work and explore the critical insights shared during our conversation Shifting the Narrative & Centering Black Survivors of Sex Trafficking with leaders from these organizations. In addition, the Justice for Youth Survivors Initiative is a program co-led by the National Black Women’s Justice Institute and the Center on Gender Justice & Opportunity at Georgetown Law, with input and leadership from Black girls. This initiative aims to transform the legal system by promoting trauma-informed and gender-responsive policies and practices that keep survivors safe and out of the legal system.
For a deeper understanding of how and why Black women and girls are more vulnerable to trafficking, download our Sex Trafficking of Black Women & Girls Factsheet and sign up for our newsletter. Together, we can advocate for systemic change and build pathways to justice that center healing, accountability, and compassion.