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Seattle Hotel Liability Lawyers
Experienced representation for victims of sexual trafficking and abuse
Sex trafficking occurs in many different places including hotels and motels. The people who organize the sex trafficking at hotels and motels may be criminally and civilly responsible. The hotels and motels may also be criminally and civilly liable depending on their knowledge of sex trafficking. At Smith McBroom, we understand the federal and Washington state laws that govern sex trafficking at hospitality sites. Our Seattle hotel liability lawyers have been fighting for victims of sexual abuse for more than 20 years. We’re ready to help victims of sex trafficking file personal injury claims against hotels and motels now.
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What laws govern sex trafficking in Washington state?
According to the Washington State Attorney General’s Office, there are many federal and state laws that regulate sex trafficking. These laws include:
Washington State Laws
- Washington Trafficking Statute RCW 9A.40.100. A person is guilty of trafficking in the first degree when that person:
- “Recruits, harbors, transports, transfers, provides, obtains, buys, purchases, or receives by any means another person - knowing, or in reckless disregard of the fact,
- A. That force, fraud, or coercion (as defined in RCW 9A.36.070) will be used to cause the person to engage in:
- Forced labor
- Involuntary servitude
- A sexually explicit act or
- A commercial sex act"
- B. “That the person [victim] has not attained the age of eighteen years and is caused to engage in a sexually explicit act or a commercial sex act”
- “Benefits financially or by receiving anything of value from participation in a venture that has engaged in acts set forth” [above] and the acts/venture involve kidnapping, ‘sexual motivation’” the ‘illegal harvesting or sale of human organs, or result in a death.’”
- Protecting Sex Trafficking of Minor Statute RCW 9.68A.101
- Federal Statutes
- The Trafficking Victims Protection Act (TVPA) of 2000
- The Trafficking Victims Protection Reauthorization Act of 2003 (TVPRA) – a civil law.
- 18 U.S.C. § 1589 (Forced Labor)
- 18 U.S.C. § 1591(a) (Sex Trafficking by Force, Fraud & Coercion, or Child Sex Trafficking)
- 18 U.S.C. § 1591 (d) (Obstruction or Interference)
- 18 U.S.C. . § 1594(a) (Attempt)
- 18 U.S.C. . § 1594(c) (1591 Conspiracy)
- Other Federal Offenses
- A proposed Washington law would require hotels, motels, and other hospitality venues to train their employees to “recognize and report suspected human trafficking.” The law, if enacted (it’s already been approved unanimously by the House) will require that all new employees be trained within 90 days from the date they’re hired – effective February 1, 2025.
What are the signs that sex trafficking is occurring?
According to the US State Department, some of the signs someone is being forced to participate in sexual trafficking are that the victims:
- Lives with their employer.
- There are multiple people living in a small space.
- Poor living conditions.
- Scripted answers.
- The employer has the victim’s identity documents.
- Signs of physical abuse.
- Not being able to talk on their own.
- Signs of fear or submissiveness.
- Under age 18 and in prostitution.
- Low or no pay.
Washington State does provide many services for sexual trafficking victims, including King County.
When are hotels and motels liable for sex trafficking in Seattle?
Our Seattle sex abuse lawyers understand the evolving criminal and civil laws regarding criminal and civil liability of hotels and motels for allowing sexual trafficking to occur on their properties.
The reasons hotels and motels may be liable for sex trafficking at their premises include:
- Hotels and motels may be criminally liable for sexual trafficking based on the above laws. For example, if a motel arranges for sex trafficking to occur in their rooms, then the owners of the motel could be criminally charged.
- Generally, if a hotel or motel is liable for criminally violating sex trafficking or sexual assault laws, they can be held civilly liable. Some exceptions may apply.
- Hotels and motels owe their guests a duty to ensure their property is safe from sexual assaults and all other types of assaults and criminal conduct. The duty of care is based on negligent security law and the contract between the hotel and the guest. Hotels and motels should know that their residences are often used for sex trafficking and sexual assaults due to their private rooms and because hotel staff are generally not trained on how to recognize and respond to sex trafficking and sexual assault.
An illustrative case
Hotels and motels may, based on a recent court decision in Massachusetts, be civilly liable for violating the TVPRA (even when the hotel or motel isn’t criminally liable for violating the TVPA).
The case involved a lawsuit filed by a woman who “received a call from a man she knew. He said he was in Massachusetts, in pain from a recent surgery, and needed help…Together, they checked into the Shangri-La Motel in Seekonk, Mass. Once they closed the door, he suddenly turned violent.”
The victim said that the man held her against her will for several days, during which time he sexually assaulted her continuously. She said, “he had burned me on my privates…He had cut me; he didn't allow me to eat or drink. It was truly a nightmare. Along with him telling me that I was going to be a prostitute to make him an income."
“At least twice while she was held captive, Ricchio claims motel employees saw her in distress but failed to intervene.”
Fortunately, she was able to escape and notify the police. The man was arrested, convicted, and sentenced.
The victim filed a civil complaint against the hotel asserting that the hotel financially benefited from criminal activity. The court ruled that while the hotel didn’t violate the TVPA (a criminal statute) because there wasn’t a sufficient showing of knowledge of the crime, the hotel could be found liable based on the TVPRA (a civil statute).
How much is my Seattle hotel liability claim worth?
At Smith McBroom, we understand how completely terrifying sex trafficking and sexual assault are. For many victims, the psychological trauma is often as devastating (or more so) as the physical harm. We work with physicians who treat your physical injuries. We also work with psychiatrists and psychologists who specialize in sexual assault and abuse trauma – including providing long-term counseling and helping you testify in court.
Our sexual abuse lawyers demand compensation for all your current and future:
- Medical expenses, including emergency care, hospitalizations, surgeries, physical and occupational therapy, psychological counseling, medications, and other medical costs
- Physical pain and emotional suffering, including anxiety, depression, and PTSD
- Loss of income, including being unable to permanently work again
- Any scarring and disfigurement
- Loss of quality of life
Victims may also be entitled to punitive damages due to the unconscionability of sexual trafficking, assaults, and abuse.
We also understand the unique challenges involved when the victims are minors.
Do you have a Seattle hotel liability lawyer near me?
Smith McBroom meets clients at our Seattle office located at 16400 Southcenter Parkway Suite 210. Our lawyers meet clients at their homes or healthcare facilities if they are too injured to come to our office. We also conduct consultations by phone and online.
We understand how traumatic sexual trafficking cases are. We’ll answer all your questions and guide you calmly and clearly through the claims process.
Talk with our compassionate Seattle hotel liability lawyers today
Hotels and motels deserve to be held accountable for turning a blind to sexual trafficking in their rooms. The management is often the last hope for sexual assault victims. One call to the police can save lives and a lifetime of pain. At Smith McBroom, our lawyers are seasoned sexual assault and abuse lawyers. We’ve helped many personal injury victims obtain substantial recoveries. Please call us or complete our contact form to schedule a free consultation. We represent hotel and motel sexual assault victims in Tukwila, Seattle, and across Washington state.