This week, Texas House Speaker Dustin Burrows emphatically called on Texas legislators to stop playing politics and get back to work to help with “disaster recovery, fighting for the families who lost loved ones to the floods, human trafficking and more.” Human trafficking survivors in Texas need our help now.
In the fight against human trafficking, Texas has always aimed to lead. But right now, our laws still permit something deeply unjust: the prosecution of victims for crimes they were forced to commit. That’s not smart on crime — it’s a failure of justice.
Some opponents argue the proposed affirmative defense is too broad, that it might let dangerous individuals go free. But this argument misrepresents the facts and underestimates both the proposed legislation and our courts.
Let’s be clear: this legislation does not offer blanket immunity. It gives human trafficking survivors the right to defend themselves in court if they can prove two things — that they were trafficked, and that the crime they committed was a direct result of that trafficking.
That’s not a loophole. That’s due process. And it’s how we ensure the real criminals — the traffickers — are the ones held accountable.
The numbers show this is no small issue. In 2024 alone, the National Human Trafficking Hotline identified 2,439 victims in Texas, nearly double the number from the year before. 291 of those victims were children. Over 72% were women.
Here’s the troubling part: Research suggests nearly 25% of incarcerated women in Texas have been trafficked or coerced into sex acts just to meet basic needs. While being trafficked, many were likely forced to commit crimes that led to their incarceration. Without a proper legal defense, many of these women are being punished while their abusers walk free.
Critics say the legislation could be abused. But in reality, it includes protections that require victims to prove the connection between their crime and their exploitation. Judges and juries still make that decision. This proposal simply ensures survivors are able to present the full context of their situation in court — including past abuse and coercion — something the current “duress” standard often doesn’t allow.
In 2020, Governor Greg Abbott recognized this problem and created a clemency process specifically for trafficking victims. Since then, six survivors have been pardoned, including Robbie Ann Hamilton, a young woman trafficked at 15 and later prosecuted for crimes she committed under coercion.
But why should we wait until after someone is convicted, incarcerated, and further traumatized before we correct the injustice?
Other conservative states like Oklahoma, Kentucky, and Wyoming have already passed similar laws that protect survivors and keep the prosecution focused where it belongs: on the traffickers. Texas should do the same.
This legislation doesn’t let criminals off the hook — it targets the right ones. It aligns with conservative values of personal liberty, accountability, and public safety. It also reflects the kind of leadership Texans expect from their elected officials: bold, principled, and compassionate where it counts.
Let’s stop punishing victims for the crimes of their abusers. Let’s pass the affirmative defense for human trafficking survivors and hold true criminals accountable.