Persons who have been subjected to a “severe form of trafficking in persons,” as defined in 22 U.S.C. § 7102(11).
(A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
(B) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
An individual does not need to currently be in a trafficking situation to be eligible for victim services, or have recently exited their trafficking situation. Grantees should remove barriers that prevent individuals currently experiencing trafficking from accessing services, such as policies related to sobriety, engagement in commercial sex, etc.
OVC acknowledges that the amount of time and the process for determining if a person meets the definition of a victim of human trafficking may differ for every client and situation. OVC considers an individual to be a “potential” when the grantee has reason to believe that the person is or might be a trafficking victim and is providing support or services tailored to that individual. This may occur at an initial intake or screening interview, or upon completion of victim needs assessment.
When the information needed to determine eligibility is not immediately available, and the person is not clearly ineligible, a grantee may use OVC funds for a reasonable period of time to provide services until sufficient information to make a determination has been gathered and a determination has been made. If the client is not eligible, they should be referred to other appropriate services and providers.